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Draft Environmental Assessment Lone Star Flight Museum Relocation Project FEMA-DR-1791-TX / PW 12872, 13320, 13322, 13632, 13796, 14050, 14112, 14113, 14114, 14305, 14306, 14349 Harris and Galveston Counties, Texas October 2013 Federal Emergency Management Agency Department of Homeland Security 500 C Street, SW Washington, DC 20472

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Draft Environmental Assessment

Lone Star Flight Museum Relocation Project FEMA-DR-1791-TX PW 12872 13320 13322 13632 13796 14050 14112 14113 14114 14305 14306 14349 Harris and Galveston Counties Texas October 2013

Federal Emergency Management Agency Department of Homeland Security 500 C Street SW Washington DC 20472

This document was prepared by

10550 Richmond Avenue Suite 155 Houston Texas 77042 12420 Milestone Center Drive Suite 150 Germantown Maryland 20876 Contract No HSFEHQ-06-D-0489 Task Order No 08-J-0025 1572720900300

Table of Contents

i

ACRONYMS AND ABBREVIATIONS iii SECTION ONE INTRODUCTION 1-1

11 Project Location 1-1 12 Purpose and Need 1-2

SECTION TWO ALTERNATIVES 2-1 21 Alternative 1 No Action 2-1 22 Alternative 2 Relocation and Construction of a New Lonestar

Flight Museum (Proposed Action) 2-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS 3-1 31 Physical Resources 3-1

311 Geology Soils and Seismicity 3-1 312 Air Quality 3-2

32 Water Resources 3-3 321 Surface Water 3-3 322 Groundwater 3-4 323 Waters of the US Including Wetlands 3-4 324 Floodplains 3-5

33 Coastal Resources 3-5 34 Biological Resources 3-6 35 Cultural Resources 3-7 36 Socioeconomic Resources 3-9

361 Environmental Justice 3-9 362 Hazardous Materials 3-10 363 Noise 3-11 364 Transportation 3-12 365 Public Health and Safety 3-13

37 Summary 3-13

SECTION FOUR CUMULATIVE IMPACTS 4-1

SECTION FIVE PUBLIC INVOLVEMENT 5-1

SECTION SIX AGENCY COORDINATION 6-1

SECTION SEVEN CONCLUSIONS 7-1

SECTION EIGHT REFERENCES 8-1

SECTION NINE LIST OF PREPARERS 9-1

Table of Contents

ii

Figures Figure 1 Project Vicinity

Figure 2 Project Area

Figure 3 FEMA FIRM Map

Appendices Appendix A Figures

Appendix B Photograph Log

Appendix C Agency Coordination

Acronyms and Abbreviations

iii

APE Area of Potential Effects ACS American Community Survey Bg Bernard-Urban land complex BFE base flood elevation bgs below ground surface BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resource System CCC Coastal Coordination Council CEQ Council on Environmental Quality CFR Code of Federal Regulations CO carbon monoxide CWA Clean Water Act CZMA Coastal Zone Management Act dB decibel DNL Day-Night Average Sound Level EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FONSI Finding of No Significant Impact FPPA Farmland Protection Policy Act GLO Texas General Land Office HGAC Houston Galveston Area Council Lu Lake Charles-Urban land complex LSFM Lone Star Flight Museum NAAQS National Ambient Air Quality Standards NASA National Aeronautics and Space Administration NAVD 83 North America Vertical Datum of 1983 NEPA National Environmental Policy Act NFIP National Floodplain Insurance Program NHPA National Historic Preservation Act

Acronyms and Abbreviations

iv

NISTAC Nationwide Infrastructure Support Technical Assistance Consultants NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone OSHA Occupational Safety and Health Administration PA Public Assistance Pb lead PM25 particulate matter less than 25 microns PM10 particulate matter less than 10 microns SHPO State Historic Preservation Office SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TampE threatened and endangered TCEQ Texas Commission on Environmental Quality TCMP Texas Coastal Management Program TDEM Texas Division of Emergency Management THC Texas Historical Commission TPDES Texas Pollutant Discharge Elimination System TWDB Texas Water Development Board USACE US Army Corps of Engineers USCB US Census Bureau USDA US Department of Agriculture USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service USGS US Geological Survey WOUS Waters of the US

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

This document was prepared by

10550 Richmond Avenue Suite 155 Houston Texas 77042 12420 Milestone Center Drive Suite 150 Germantown Maryland 20876 Contract No HSFEHQ-06-D-0489 Task Order No 08-J-0025 1572720900300

Table of Contents

i

ACRONYMS AND ABBREVIATIONS iii SECTION ONE INTRODUCTION 1-1

11 Project Location 1-1 12 Purpose and Need 1-2

SECTION TWO ALTERNATIVES 2-1 21 Alternative 1 No Action 2-1 22 Alternative 2 Relocation and Construction of a New Lonestar

Flight Museum (Proposed Action) 2-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS 3-1 31 Physical Resources 3-1

311 Geology Soils and Seismicity 3-1 312 Air Quality 3-2

32 Water Resources 3-3 321 Surface Water 3-3 322 Groundwater 3-4 323 Waters of the US Including Wetlands 3-4 324 Floodplains 3-5

33 Coastal Resources 3-5 34 Biological Resources 3-6 35 Cultural Resources 3-7 36 Socioeconomic Resources 3-9

361 Environmental Justice 3-9 362 Hazardous Materials 3-10 363 Noise 3-11 364 Transportation 3-12 365 Public Health and Safety 3-13

37 Summary 3-13

SECTION FOUR CUMULATIVE IMPACTS 4-1

SECTION FIVE PUBLIC INVOLVEMENT 5-1

SECTION SIX AGENCY COORDINATION 6-1

SECTION SEVEN CONCLUSIONS 7-1

SECTION EIGHT REFERENCES 8-1

SECTION NINE LIST OF PREPARERS 9-1

Table of Contents

ii

Figures Figure 1 Project Vicinity

Figure 2 Project Area

Figure 3 FEMA FIRM Map

Appendices Appendix A Figures

Appendix B Photograph Log

Appendix C Agency Coordination

Acronyms and Abbreviations

iii

APE Area of Potential Effects ACS American Community Survey Bg Bernard-Urban land complex BFE base flood elevation bgs below ground surface BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resource System CCC Coastal Coordination Council CEQ Council on Environmental Quality CFR Code of Federal Regulations CO carbon monoxide CWA Clean Water Act CZMA Coastal Zone Management Act dB decibel DNL Day-Night Average Sound Level EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FONSI Finding of No Significant Impact FPPA Farmland Protection Policy Act GLO Texas General Land Office HGAC Houston Galveston Area Council Lu Lake Charles-Urban land complex LSFM Lone Star Flight Museum NAAQS National Ambient Air Quality Standards NASA National Aeronautics and Space Administration NAVD 83 North America Vertical Datum of 1983 NEPA National Environmental Policy Act NFIP National Floodplain Insurance Program NHPA National Historic Preservation Act

Acronyms and Abbreviations

iv

NISTAC Nationwide Infrastructure Support Technical Assistance Consultants NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone OSHA Occupational Safety and Health Administration PA Public Assistance Pb lead PM25 particulate matter less than 25 microns PM10 particulate matter less than 10 microns SHPO State Historic Preservation Office SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TampE threatened and endangered TCEQ Texas Commission on Environmental Quality TCMP Texas Coastal Management Program TDEM Texas Division of Emergency Management THC Texas Historical Commission TPDES Texas Pollutant Discharge Elimination System TWDB Texas Water Development Board USACE US Army Corps of Engineers USCB US Census Bureau USDA US Department of Agriculture USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service USGS US Geological Survey WOUS Waters of the US

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Table of Contents

i

ACRONYMS AND ABBREVIATIONS iii SECTION ONE INTRODUCTION 1-1

11 Project Location 1-1 12 Purpose and Need 1-2

SECTION TWO ALTERNATIVES 2-1 21 Alternative 1 No Action 2-1 22 Alternative 2 Relocation and Construction of a New Lonestar

Flight Museum (Proposed Action) 2-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS 3-1 31 Physical Resources 3-1

311 Geology Soils and Seismicity 3-1 312 Air Quality 3-2

32 Water Resources 3-3 321 Surface Water 3-3 322 Groundwater 3-4 323 Waters of the US Including Wetlands 3-4 324 Floodplains 3-5

33 Coastal Resources 3-5 34 Biological Resources 3-6 35 Cultural Resources 3-7 36 Socioeconomic Resources 3-9

361 Environmental Justice 3-9 362 Hazardous Materials 3-10 363 Noise 3-11 364 Transportation 3-12 365 Public Health and Safety 3-13

37 Summary 3-13

SECTION FOUR CUMULATIVE IMPACTS 4-1

SECTION FIVE PUBLIC INVOLVEMENT 5-1

SECTION SIX AGENCY COORDINATION 6-1

SECTION SEVEN CONCLUSIONS 7-1

SECTION EIGHT REFERENCES 8-1

SECTION NINE LIST OF PREPARERS 9-1

Table of Contents

ii

Figures Figure 1 Project Vicinity

Figure 2 Project Area

Figure 3 FEMA FIRM Map

Appendices Appendix A Figures

Appendix B Photograph Log

Appendix C Agency Coordination

Acronyms and Abbreviations

iii

APE Area of Potential Effects ACS American Community Survey Bg Bernard-Urban land complex BFE base flood elevation bgs below ground surface BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resource System CCC Coastal Coordination Council CEQ Council on Environmental Quality CFR Code of Federal Regulations CO carbon monoxide CWA Clean Water Act CZMA Coastal Zone Management Act dB decibel DNL Day-Night Average Sound Level EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FONSI Finding of No Significant Impact FPPA Farmland Protection Policy Act GLO Texas General Land Office HGAC Houston Galveston Area Council Lu Lake Charles-Urban land complex LSFM Lone Star Flight Museum NAAQS National Ambient Air Quality Standards NASA National Aeronautics and Space Administration NAVD 83 North America Vertical Datum of 1983 NEPA National Environmental Policy Act NFIP National Floodplain Insurance Program NHPA National Historic Preservation Act

Acronyms and Abbreviations

iv

NISTAC Nationwide Infrastructure Support Technical Assistance Consultants NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone OSHA Occupational Safety and Health Administration PA Public Assistance Pb lead PM25 particulate matter less than 25 microns PM10 particulate matter less than 10 microns SHPO State Historic Preservation Office SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TampE threatened and endangered TCEQ Texas Commission on Environmental Quality TCMP Texas Coastal Management Program TDEM Texas Division of Emergency Management THC Texas Historical Commission TPDES Texas Pollutant Discharge Elimination System TWDB Texas Water Development Board USACE US Army Corps of Engineers USCB US Census Bureau USDA US Department of Agriculture USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service USGS US Geological Survey WOUS Waters of the US

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Table of Contents

ii

Figures Figure 1 Project Vicinity

Figure 2 Project Area

Figure 3 FEMA FIRM Map

Appendices Appendix A Figures

Appendix B Photograph Log

Appendix C Agency Coordination

Acronyms and Abbreviations

iii

APE Area of Potential Effects ACS American Community Survey Bg Bernard-Urban land complex BFE base flood elevation bgs below ground surface BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resource System CCC Coastal Coordination Council CEQ Council on Environmental Quality CFR Code of Federal Regulations CO carbon monoxide CWA Clean Water Act CZMA Coastal Zone Management Act dB decibel DNL Day-Night Average Sound Level EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FONSI Finding of No Significant Impact FPPA Farmland Protection Policy Act GLO Texas General Land Office HGAC Houston Galveston Area Council Lu Lake Charles-Urban land complex LSFM Lone Star Flight Museum NAAQS National Ambient Air Quality Standards NASA National Aeronautics and Space Administration NAVD 83 North America Vertical Datum of 1983 NEPA National Environmental Policy Act NFIP National Floodplain Insurance Program NHPA National Historic Preservation Act

Acronyms and Abbreviations

iv

NISTAC Nationwide Infrastructure Support Technical Assistance Consultants NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone OSHA Occupational Safety and Health Administration PA Public Assistance Pb lead PM25 particulate matter less than 25 microns PM10 particulate matter less than 10 microns SHPO State Historic Preservation Office SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TampE threatened and endangered TCEQ Texas Commission on Environmental Quality TCMP Texas Coastal Management Program TDEM Texas Division of Emergency Management THC Texas Historical Commission TPDES Texas Pollutant Discharge Elimination System TWDB Texas Water Development Board USACE US Army Corps of Engineers USCB US Census Bureau USDA US Department of Agriculture USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service USGS US Geological Survey WOUS Waters of the US

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Acronyms and Abbreviations

iii

APE Area of Potential Effects ACS American Community Survey Bg Bernard-Urban land complex BFE base flood elevation bgs below ground surface BMPs Best Management Practices CAA Clean Air Act CBRA Coastal Barrier Resources Act CBRS Coastal Barrier Resource System CCC Coastal Coordination Council CEQ Council on Environmental Quality CFR Code of Federal Regulations CO carbon monoxide CWA Clean Water Act CZMA Coastal Zone Management Act dB decibel DNL Day-Night Average Sound Level EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order ESA Endangered Species Act FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FONSI Finding of No Significant Impact FPPA Farmland Protection Policy Act GLO Texas General Land Office HGAC Houston Galveston Area Council Lu Lake Charles-Urban land complex LSFM Lone Star Flight Museum NAAQS National Ambient Air Quality Standards NASA National Aeronautics and Space Administration NAVD 83 North America Vertical Datum of 1983 NEPA National Environmental Policy Act NFIP National Floodplain Insurance Program NHPA National Historic Preservation Act

Acronyms and Abbreviations

iv

NISTAC Nationwide Infrastructure Support Technical Assistance Consultants NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone OSHA Occupational Safety and Health Administration PA Public Assistance Pb lead PM25 particulate matter less than 25 microns PM10 particulate matter less than 10 microns SHPO State Historic Preservation Office SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TampE threatened and endangered TCEQ Texas Commission on Environmental Quality TCMP Texas Coastal Management Program TDEM Texas Division of Emergency Management THC Texas Historical Commission TPDES Texas Pollutant Discharge Elimination System TWDB Texas Water Development Board USACE US Army Corps of Engineers USCB US Census Bureau USDA US Department of Agriculture USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service USGS US Geological Survey WOUS Waters of the US

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Acronyms and Abbreviations

iv

NISTAC Nationwide Infrastructure Support Technical Assistance Consultants NO2 nitrogen dioxide NRCS Natural Resources Conservation Service NRHP National Register of Historic Places O3 ozone OSHA Occupational Safety and Health Administration PA Public Assistance Pb lead PM25 particulate matter less than 25 microns PM10 particulate matter less than 10 microns SHPO State Historic Preservation Office SO2 sulfur dioxide SWPPP Stormwater Pollution Prevention Plan TampE threatened and endangered TCEQ Texas Commission on Environmental Quality TCMP Texas Coastal Management Program TDEM Texas Division of Emergency Management THC Texas Historical Commission TPDES Texas Pollutant Discharge Elimination System TWDB Texas Water Development Board USACE US Army Corps of Engineers USCB US Census Bureau USDA US Department of Agriculture USEPA US Environmental Protection Agency USFWS US Fish and Wildlife Service USGS US Geological Survey WOUS Waters of the US

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Introduction

1-1

SECTION ONE INTRODUCTION On September 13 2008 Hurricane Ike struck the Texas Gulf Coast causing extensive damage Subsequently a Presidential Disaster Declaration FEMA-1791-DR-TX was signed for Hurricane Ike The Lone Star Flight Museum (LSFM) in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to its pre-disaster condition however the facility remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program funding to relocate the LSFM complex out of the floodplain to Ellington Field in Houston Texas

In accordance with 44 Code of Federal Regulations (CFR) Part 10 FEMA has prepared this Environmental Assessment (EA) to meet the requirements of Section 102 of the National Environmental Policy Act of 1969 (NEPA) the Presidentrsquos Council on Environmental Quality (CEQ) regulations to implement NEPA (40 CFR Parts 1500-1508) and FEMArsquos regulations implementing NEPA (44 CFR Part 10) FEMA is required to consider potential environmental impacts before funding or approving actions and projects The purpose of this EA is to analyze the potential environmental impacts of the proposed LSFM Relocation 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)

11 PROJECT LOCATION The LSFM is located at 2002 Terminal Drive in Galveston Galveston County Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islandrsquos Scholes International Airport LSFM is comprised of three interconnected buildings totaling 120000 square feet (Appendix A Figure 1) The three buildings consist of two aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop According to the FEMA Flood Insurance Rate Map (FIRM Map No 4854690023E Revised December 6 2002) the LSFM is located within Flood Zone AE within the 100-year floodplain with a Base Flood Elevation (BFE) of 11 feet North America Vertical Datum of 1983 (NAVD83)

The proposed project would relocate the LSFM to a 1385-acre parcel at Ellington Field (Latitude 29604707 Longitude -95174521) a joint use civilmilitary airport in Houston Harris County Texas Ellington Field supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation The airport is home to the largest flying club in Texas and is the site of the annual Wings Over Houston Airshow Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City and Galveston Island Ellington Airport is operated and maintained by the Houston Airport System the fourth largest multi-airport system in the nation (Fly2houstoncom 2013)

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Introduction

1-2

12 PURPOSE AND NEED The LSFM is a not-for-profit 501(c) (3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike Most of the aircraft and artifacts were able to be restored using private funding and donations however the LSFM remains susceptible to future storm events and additional damage Relocating the complex out of the floodplain would support the preservation of the LSFM resources the ability to display and operate historic airplanes is critical for the long-term survival of the organization

Ellington Field was selected as the relocation site for the LSFM in part because of its location outside the floodplain The airportrsquos proximity to a large population base will allow the LSFM to effectively operate its historic aircraft and expand the museumrsquos influence in the community Ellington Airport was one of the first military aviation installations and enjoys a storied military history Opening in 1918 the field served as an active Air Force Base until the late 1980s Today the airport enjoys a strong military presence with the Texas Air National Guard Army Air National Guard and US Coast Guard all based on the field The airport is also home to numerous corporate and general aviation aircraft and continues to be a vibrant economic driver in the area The museumrsquos new prime location will facilitate participation from both the military and civilian populations allowing the LSFM to become a focal point of the airport

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

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RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Alternatives

2-1

SECTION TWO ALTERNATIVES This section describes the alternatives that were considered in addressing the purpose and need stated in Section 2 above Two alternatives are evaluated in this EA the No Action Alternative (Alternative 1) and the Proposed Action Alternative (Alternative 2) which is the relocation and construction of a new LSFM complex at Ellington Field No other alternatives were considered because of the limited availability of suitable aviation complexes located outside the floodplain and in proximity to the Houston and Galveston communities that support the LSFM

21 ALTERNATIVE 1 NO ACTION Under the No Action Alternative the LSFM would maintain operations at its Galveston complex at Scholes International Airport As the complex is located within the 100-year floodplain LSFM would continue to be susceptible to incurring repetitive damage to the complex aircraft and artifacts during major storm events or periods of flooding

22 ALTERNATIVE 2 RELOCATION AND CONSTRUCTION OF A NEW LONESTAR FLIGHT MUSEUM (PROPOSED ACTION)

Under the Proposed Action Alternative the Texas Aviation Hall of Fame would lease a 1385-acre-site owned by the City of Houston to construct a new museum complex as shown below The site is located at the northeast quadrant of Aerospace Avenue and Hillard Street at Ellington Field in Houston Texas (Appendix A Figure 2)

Conceptual Design of the new LSFM ndash Exterior Plan

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

1$k_ INillAISISIGNATUAE

I A1t~middot PJJ ~ k ~ Jjf3tJt(_ FKNTgreo~

~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Alternatives

2-2

As shown here the new LSFM complex would be comprised of an approximately 125000-square-foot building that would include hangar space for aircraft display and storage an auditorium exhibit hall library gift shop and cafeteria

Conceptual Design of the new LSFM ndash Interior Plan

The project is in conceptual design and would be constructed in the center of the property encompassing approximately 10 acres of the 1385-acre site Because the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries this alternative includes the eventual full-site build out of the 1385-acre site

The proposed relocation site is a vacant maintained grassed lot bounded by Aerospace Avenue to the west Hilliard Street to the south Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the north (Appendix A Figure 2) A Phase I Environmental Site Assessment (Berg-Oliver Associates Inc 2012) noted that the proposed relocation site was formerly used for barracks or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties are comprised of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed relocation site is provided in Appendix B According to FEMA FIRM (Map No 48201C1060L Revised June 18 2007) the proposed relocation site is located within Flood Zone X outside the 100-year and 500-year floodplains

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Alternatives

2-3

(Appendix A Figure 3) The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall of Fame

Construction of the new LSFM complex would include leveling and grading the entire 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace Avenue Site access to the complex would be from Aerospace Avenue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex from the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM also maintains several large as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

The Texas Aviation Hall of Fame would sell the current LSFM complex with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-1

SECTION THREE AFFECTED ENVIRONMENT AND POTENTIAL IMPACTS This section describes the potential impacts of the Proposed Action Alternative and the No-Action Alternative Where potential impacts exist conditions or mitigation measures to offset these impacts are provided A summary table is provided in Section 47

31 PHYSICAL RESOURCES

311 Geology Soils and Seismicity According the Geologic Atlas of Texas Houston Sheet the proposed relocation site is located on the Beaumont formation which contains thick interbedded layers of mostly clay fine sand and silt These soils are dominantly clayey sand and silt of moderate permeability and drainage low to moderate compressibility and shrink-swell potential and level relief with local mounds and ridges (TWDB 2013a)

A Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) indicated that the clay present in the formation has been preconsolidated by numerous wetting and drying cycles which have produced a network of small randomly oriented closely-spaced joints within some depth zones The joint pattern may affect the construction and engineering behavior of the soil

The coastal plain in this region has a complex tectonic geology several major features of which are Gulf Coastal geosyncline salt domes and major sea level fluctuations during the glacial stages subsidence and geologic faulting activities Most of these geologic faulting activities have ceased for millions of years but some are still active

The US Geological Survey (USGS) 75-minute topographic map Friendswood Texas quadrangle indicates the elevation of the proposed project site is approximately 30 feet National Geodetic Vertical Datum of 1929 (NGVD29 USGS 1992)

According to the US Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) online Web Soil Survey the proposed relocation site contains soils classified primarily as Bernard-Urban land complex (Bg) with Lake Charles-Urban land complex (Lu) located along the southern portion of the site The Bernard series map unit is a very deep somewhat poorly drained and very slowly permeable soil located on uplands Urban land consists of land covered by streets parking lots buildings and other structures The Lake Charles series consists of very deep moderately well-drained and very slowly permeable soils on uplands (USDANRCS 2013)

According to the Geotechnical Engineering Study performed for the proposed relocation site (Terracon Consultants Inc 2012) fill soils were observed at the ground surface and extended to depths that ranged from about 2 to 4 feet below existing grade The underlying native subsurface soils generally consisted of lean clay and fat clay soils to the termination depths of the borings (approximately 10 to 20 feet below existing grade)

The Farmland Protection Policy Act (FPPA) states that federal agencies must ldquominimize the extent to which federal programs contribute to the unnecessary conversion of farmland to nonagricultural useshelliprdquo The resources protected by the FPPA include prime and unique farmland which are categorized by the USDANRCS based on underlying soil mapping units

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-2

The Bg and Lu complexes are not classified as a prime farmland soil (USDANRCS 2013) and according to the FPPA farmland does not include land (such as the proposed relocation site) that is already in or committed to urban development Therefore the proposed relocation site does not contain prime and unique farmlands and the FPPA does not apply

Executive Order (EO) 12699 Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction establishes responsibilities regarding the seismic-related safety of buildings owned leased or funded by federal agencies Under this EO each federal agency responsible for the design and construction of a federal or federally funded building must ensure that the building is designed and constructed in accordance with appropriate seismic design and construction standards

The Texas gulf coastal region is located along the Gulf-margin Normal Faults a fault belt with strikingly low historical seismicity The stress field and seismogenic potential of the underlying crust are unknown therefore the ability of the fault belt to generate significant seismic ruptures that could cause damaging ground motion is unclear (Wheeler 1999 USGS 2012a USGS 2012b) According to the USGS National Seismic Hazard Maps the Texas Gulf Coast including the proposed relocation site is located in the lowest hazard probability area for seismicity (USGS 2008)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to geology seismicity or soils

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities would not be deep enough to impact underlying geologic resources or seismicity However construction activities would disturb 1385 acres of previously disturbed soils during site leveling and grading On-site native clay soils exhibited measured plasticity indices that ranged from 9 to 37 percent within the upper 7 feet These soils do not meet the select fill requirements and therefore should not be used for grade adjustments in the proposed building area The on-site soils may be used as fill in the pavement areas provided they are free of organics and debris (Terracon Consultants Inc 2012)

The applicant would be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain a Texas Pollutant Discharge Elimination System (TPDES) permit prior to construction Implementation of appropriate Best Management Practices (BMPs) as described in the SWPPP and required for the TPDES permit would help minimize site runoff BMPs would include the installation of silt fences and the revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until the appropriate procedures and permits can be implemented

312 Air Quality The Clean Air Act (CAA) requires that states adopt ambient air quality standards which have been established to protect the public from potentially harmful amounts of pollutants Under the CAA the US Environmental Protection Agency (USEPA) establishes primary and secondary air quality standards Primary air quality standards protect the public health including the health of ldquosensitive populations such as people with asthma children and older adultsrdquo Secondary air

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

1$k_ INillAISISIGNATUAE

I A1t~middot PJJ ~ k ~ Jjf3tJt(_ FKNTgreo~

~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-3

quality standards protect public welfare by promoting ecosystem health and preventing decreased visibility and damage to crops and buildings The USEPA has set National Ambient Air Quality Standards (NAAQS) for the following six criteria pollutants ozone (O3) particulate matter less than 25 microns (PM25) particulate matter less than 10 microns (PM10) nitrogen dioxide (NO2) carbon monoxide (CO) sulfur dioxide (SO2) and lead (Pb)

The Texas Commission on Environmental Quality (TCEQ) has adopted USEPArsquos NAAQS as criteria pollutants for Texas Areas that fail to meet federal standards for ambient air quality are considered nonattainment The General Conformity Final Rule (40 CFR Part 51) specifies criteria or requirements for conformity determinations for federal projects The General Conformity Rule ensures that the actions taken by federal agencies in nonattainment and maintenance areas do not interfere with a statersquos plans to meet national standards for air quality TCEQ and USEPA consider Harris County an attainmentunclassifiable area for O3 (TCEQ 2013) FEMA has determined that this project is consistent with the goals and policies of the USEPA and TCEQ and has identified this project as having ldquoNo Effectrdquo on air quality

No Action Alternative ndash Under the No Action Alternative there would be no construction and no effect on air quality

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to air quality would occur during construction To reduce impacts construction contractors would be required to water down construction areas to control dust when necessary Emissions from fuel-burning internal combustion engines (eg heavy equipment and earthmoving machinery) could temporarily increase the levels of some of the criteria pollutants including CO NO2 O3 PM10 and non-criteria pollutants such as volatile organic compounds To reduce the emission of criteria pollutants fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

32 WATER RESOURCES

321 Surface Water The Clean Water Act (CWA) as amended in 1977 established the basic framework for regulating discharges of pollutants into Waters of the US (WOUS)

Existing subsurface stormwater drains are located on the corner of Hillard and Kirk Avenue which is the southeast corner of the proposed relocation site The site is located 03 mile northeast of the closest tributary and approximately 10-mile northwest of Horsepen Bayou which drains to Armand Bayou then Mud Lake then Clear Lake then Galveston Bay and terminates in the Gulf of Mexico Although local topography is relatively flat stormwater runoff follows surface topography and would tend to flow to the south or southeast towards existing stormwater conveyance systems located along the bordering roadways and the intermittent tributaries which in turn drain into Horsepen Bayou (USGS 1992)

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to surface waters

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

1$k_ INillAISISIGNATUAE

I A1t~middot PJJ ~ k ~ Jjf3tJt(_ FKNTgreo~

~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-4

disturbed during construction and an increased amount of impervious surfaces after completion of the proposed facility To reduce impacts to offsite surface waters the applicant would implement appropriate BMPs such as installing silt fences and revegetating bare soils The applicant would also be required to prepare a SWPPP and obtain a TPDES permit prior to construction After construction onsite surface runoff would be diverted to the existing airport drainage infrastructure The resulting positive impacts include the alleviation of flooding and erosion of nearby waterwayslandscapes and potential entrapment of pollutants (such as excess sediments metals and nutrients) in runoff

322 Groundwater The Gulf Coast Aquifer forms a wide belt along the Gulf of Mexico from Florida to Mexico In Texas the aquifer provides water to all or parts of 54 counties and extends from the Rio Grande northeastward to the Louisiana-Texas border Municipal and irrigation uses account for 90 percent of the total withdrawals from the aquifer The Greater Houston metropolitan area is the largest municipal user where well yields average about 1600 gallonsminute (TWDB 2013b) The Gulf Coast Aquifer System is divided into four units each of which can be generally correlated to different sedimentary formations (from deepest to shallowest) the Catahoula Jasper Evangeline and Chicot aquifers Utility construction is anticipated to be installed at excavation depths of approximately 7 feet below ground surface (bgs) According to the Geotechnical Engineering Report (Terracon Consultants Inc 2012) groundwater was observed below a depth of 12 feet to approximately 20 feet bgs No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to groundwater

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to groundwater are anticipated The proposed complex would require shallow excavations approximately 7 feet deep for utility construction no water well or septic systems would be installed Construction activities are not anticipated to reach a sufficient depth to directly impact groundwater If the proposed project requires additional excavation to groundwater depths the applicant would consult with TCEQ to identify appropriate mitigation

323 Waters of the US Including Wetlands The US Army Corps of Engineers (USACE) regulates the discharge of dredged or fill material into WOUS including wetlands pursuant to Section 404 of the CWA Additionally

EO 11990 (Protection of Wetlands) requires federal agencies to avoid to the extent possible adverse impacts to wetlands

The US Fish and Wildlife Service (USFWS) National Wetlands Inventory map of the area indicated there are no wetlands within the proposed project site (USFWS 2013a) A site visit conducted by a Nationwide Infrastructure Support Technical Assistance Consultants (NISTAC) Environmental Specialist on May 30 2013 verified that there are no wetlands or other surface waters on the project site

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to wetlands or other WOUS

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

1$k_ INillAISISIGNATUAE

I A1t~middot PJJ ~ k ~ Jjf3tJt(_ FKNTgreo~

~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-5

Proposed Action Alternative ndash Under the Proposed Action Alternative no direct impacts to WOUS including wetlands would occur and USACE permit would be required Minor short-term impacts to the adjacent offsite drainage ditch may occur from the transport of sediments from ground disturbance and soil erosion during construction Appropriate BMPs including the installation of silt fences and the revegetation of disturbed soils would be implemented to minimize soil erosion and reduce off-site sediment transport to offsite waters

324 Floodplains EO 11988 (Floodplain Management) requires federal agencies to avoid direct or indirect support of development within the 100-year floodplain whenever there is a practicable alternative FEMA uses FIRMs to identify the regulatory 100-year floodplain for the National Floodplain Insurance Program (NFIP) Consistent with EO 11988 FIRMs were examined during the preparation of this EA According to the FIRM the proposed relocation site is located within Flood Zone X an area of minimal flood hazard (FEMA 2013 Community Panel Number 48201C1060L Revised June 18 2007 Appendix A Figure 3)

No Action Alternative ndash Under the No Action Alternative relocation of the LSFM complex would not occur and there would be no impacts to floodplains The LSFM would continue to operate within the 100-year floodplain The current facility would continue to be susceptible to significant damage and loss during major storm events or periods of flooding

Proposed Action Alternative ndash Under the Proposed Action Alternative the new LSFM complex would be constructed outside of the 100-year floodplain and there would be no impacts to floodplains The complex would be removed from an area that is susceptible to significant impacts from major storm events

33 COASTAL RESOURCES The Coastal Zone Management Act (CZMA) enables coastal states including Texas to designate state coastal zone boundaries and develop coastal management programs to improve protection of sensitive shoreline resources and guide sustainable use of coastal areas The Texas General Land Office (GLO) monitors and manages coastal zone actions in partnership with the federal government under the CZMA within the Texas Coastal Zone All federally funded projects must be consistent with the Texas Coastal Management Program (TCMP)

The Coastal Barrier Resources Act (CBRA) of 1982 administered by USFWS was enacted to protect sensitive and vulnerable barrier islands found along the US Atlantic Gulf and Great Lakes coastlines and to discourage development in coastal areas The CBRA established the Coastal Barrier Resource System (CBRS) which consists of undeveloped coastal barrier islands including those in the Great Lakes With limited exceptions areas contained within a CBRS are ineligible for direct or indirect federal funds that might support or promote coastal development

According to the GLO Coastal Zone Boundary Map the proposed relocation site is located within the Texas Coastal Zone (GLO 2013) According to USFWS CBRS maps the proposed relocation site which is outside of a CBRA zone is located approximately 24 miles northwest of the nearest CBRS Unit TX-04 (USFWS 2013b)

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

1$k_ INillAISISIGNATUAE

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~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-6

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to coastal resources

Proposed Action Alternative ndash Under the Proposed Action Alternative the new complex would be constructed within the Texas Coastal Zone However the proposed project is not intended to promote additional development within the coastal zone but to relocate the pre-disaster function of the LSFM The proposed project is not located within a CBRS and is not anticipated to promote additional development with any adjacent CBRS Based on review of Coastal Coordination Council (CCC) General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO and has identified this project as having ldquoNo Effectrdquo on coastal resources

34 BIOLOGICAL RESOURCES The Endangered Species Act (ESA) of 1973 provides a program for the conservation of threatened and endangered (TampE) plants and animals and the habitats in which they are found Section 7 of the ESA requires federal agencies in consultation with the USFWS andor the National Oceanic and Atmospheric Administration National Marine Fisheries Service to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat of such species The ESA also prohibits any action that causes a taking of any listed species

The USFWS list the following TampE species for Harris County

Common Name Scientific Name Federal Status

Plant Texas Prairie Dawn Hymenoxys texana E Birds Peregrine Falcon Falco peregrinus DL American Peregrine Falcon Falco peregrinus anatum DL Bald Eagle Haliaeetus leucocephalus DL Red-cockaded Woodpecker Picoides borealis E Whooping Crane Grus Americana E Fish Smalltooth Sawfish Pristis pectinata E

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-7

Common Name Scientific Name Federal Status Mammals Louisiana Black Bear Ursus americanus luteolus T Red wolf Canis rufus E Reptiles Green Sea Turtle Chelonia mydas T Kemprsquos Ridley Sea Turtle Lepidochelys kempii E Leatherback Sea Turtle Dermochelys coriacea E Loggerhead Sea Turtle Caretta caretta T Amphibians Houston toad Anaxyrus houstonensis E Source USFWS 2013c T = Threatened E = Endangered DL = Delisted

A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 Site observations indicate that that the proposed relocation site consists of a previously disturbed site with maintained (mowed) grass within Ellington Field No habitats suitable to support any federally or state-listed TampE species were observed during site reconnaissance

According to the USFWS Migratory Bird Program (USFWS 2013d) the State of Texas is located within the Central Flyway where lands may provide resting feeding and breeding grounds for migratory birds especially flocking species Small open water areas and freshwater scrub-shrub wetlands are located in the Armand Bayou Nature Center located approximately 3 miles east of the proposed relocation site and provide suitable habitat for migratory waterfowl The proposed relocation site has the potential to provide open upland resting areas for migratory birds However the site is located near an air field which would deter many birds Higher quality habitat for migratory birds exists in the adjacent CBRA zone

No Action Alternative ndash Under the No Action Alternative there would be no impacts to biological resources including federal and state-listed species

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be little to no impact to biological resources The construction of the 1385-acre site would be on previously disturbed land with little vegetation The proposed project site provides little habitat for wildlife and no suitable habitat for any federally or state-listed TampE species No impacts to TampE species or migratory birds are anticipated Based on current land use existing habitat and the scope of work FEMA has determined that the proposed project would have ldquoNo Effectrdquo on federally listed TampE species or migratory birds and that coordination with USFWS is not required

35 CULTURAL RESOURCES The National Historic Preservation Act (NHPA) of 1966 (Public Law [PL] 89-665 16 USC 470 et seq) as amended outlines federal policy to protect historic properties and promote historic preservation in cooperation with states Tribal Governments local governments and other consulting parties The NHPA established the National Register of Historic Places (NRHP) and designated the State Historic Preservation Office (SHPO) as the entity responsible for

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

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ROUTING SYio80~

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-8

administering state-level programs The NHPA also created the Advisory Council on Historic Preservation the federal agency responsible for overseeing the Section 106 process and providing commentary on federal activities programs and policies that affect historic properties

Section 106 of the NHPA and its implementing regulations (36 CFR 800) outline the procedures for federal agencies to follow to take into account the effect of their actions on historic properties The Section 106 process applies to any federal undertaking that has the potential to affect historic properties defined in the NHPA as those properties (archaeological sites standing structures or other historic resources) that are listed in or eligible for listing in the NRHP Although buildings and archaeological sites are most readily recognizable as historic properties a diverse range of resources are listed in the NRHP including roads landscapes and vehicles Under Section 106 federal agencies are responsible for identifying historic properties within the Area of Potential Effects (APE) for an undertaking assessing the effects of the undertaking on those historic properties if present and considering ways to avoid minimize and mitigate any adverse effects of its undertaking on historic properties It is the primary regulatory framework that is used in the NEPA process to determine impacts on cultural resources

A FEMA Historic Preservation Specialist qualified under the Secretary of the Interiorrsquos Professional Qualifications Standards (36 CFR Part 61) conducted a review of known cultural resources within the APE The APE is the geographic area within which an undertaking may directly or indirectly cause changes in the character or use of historic properties if such properties exist For above-ground and archaeological resources the APE consists of the proposed project site

A cultural records search was conducted of the Texas Historical Commission (THC) Historic and Archaeological Sites Atlases (2013) for known archaeological and historic resources No previously recorded archaeological sites are located on or in the vicinity of the proposed relocation site The site was previously graded and has been disturbed from previous use As there are no identified archaeological resources located within the project area and it is unlikely that any intact resources would be identified due to the substantially disturbed nature of the parcel FEMA has made a determination of ldquoNo Historic Properties Affectedrdquo for the proposed undertaking In accordance with the Programmatic Agreement between FEMA THC and the Texas Division of Emergency Management (TDEM) dated August 30 2005 FEMA submitted its findings and determination to THC for review and concurrence on June 28 2013 THC concurrence with this determination was received dated August 30 2013 (Appendix C)

No Action Alternative ndash Under the No Action Alternative no construction would occur and no historic properties would be affected

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to archeological or cultural resources are anticipated In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

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~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-9

areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

36 SOCIOECONOMIC RESOURCES

361 Environmental Justice EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations) mandates that federal agencies identify and address as appropriate disproportionately high and adverse human health or environmental effects of their programs policies and activities on minority and low-income populations

Socioeconomic and demographic data for the project area were reviewed to determine if a disproportionate number of minority or low-income persons have the potential to be adversely affected by the proposed project The following information was gathered from the Houston Galveston Area Council (HGAC) and US Census Bureau (USCB) 2010 Census and American Community Survey (ACS) for evaluation According to the HGAC Census ACS Data Portal (HGAC 2013a) the proposed project is located in Census Tract 48201340201 which represents the Ellington Field area

Ellington Field (Census Tract 48201340201)

Harris County State of Texas

Total Population (2010) 1653 4092459 25145561 Annual median household income $112434 $52675 $48286 Households below poverty level 0 142 171 Minorities1 357 434 547 Hispanic (may be of any race) 114 408 376 Over 65 03 176 102 1 Racial Minority = Black or African American alone American Indian and Alaskan Native alone Asian alone Native Hawaiian and Other Pacific Islander alone Some Other Race alone Two or More Races and Hispanic or Latino Source USCB 2010 2012 and 2013

Minorities represented 357 percent 434 percent and 547 percent respectively of the populations of the Ellington Field area Harris County and the State of Texas populations The following table shows the specific racial composition of Ellington Field Harris County and the State of Texas

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-10

Ethnicity Ellington Field (Census Tract 48201340201)

Harris County State of Texas

White 643 330 453 Hispanic or Latino 114 408 376 Black or African American 25 184 118 American Indian or Native Alaskan 01 02 07

Asian 278 61 38 Native Hawaiian or Other Pacific Islander 00 01 01

Source USCB 2010 and 2013

The proposed relocation site is located within Ellington Field and is surrounded by commercial business and properties associated with the aviation industry and military and other government facilities associated with or utilizing Ellington Field The demographics of the residential communities adjacent to the proposed relocation site are consistent with that found throughout the general area

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no disproportionate impacts on minority or low-income populations

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no disproportionately high and adverse effect on minority or low-income populations Implementation of the Proposed Action would benefit all populations within the Houston and Galveston areas by providing an educational facility that would be less susceptible to future flooding and subsequent damage and potential closure of the museum The relocation of the complex out of the floodplain would support the preservation of the LSFM resources allowing the organization to display and operate its historic airplanes is critical for the long-term survival of the museum

362 Hazardous Materials Hazardous substances are defined as any solid liquid contained gaseous or semisolid waste or any combination of wastes that pose a substantial present or potential hazard to human health and the environment Hazardous substances are primarily generated by industry hospitals research facilities and the government Improper management and disposal of hazardous substances can lead to pollution of groundwater or other drinking water supplies and the contamination of surface water and soil The primary federal regulations for the management and disposal of hazardous substances are the Comprehensive Environmental Response Compensation and Liability Act and the Resource Conservation and Recovery Act

According to the Phase I Environmental Site Assessment conducted for the proposed relocation site (Berg-Oliver Associates Inc 2012) the historical use of the proposed site is unclear from

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-11

the commissioning of Ellington Field in 1917 through 1930 However based on the proposed relocation sitersquos relative position to Ellington Field and a review of later aerial photographs the proposed relocation site was used for barrack or military housing prior to 1944 and more recently for base recreational fields that were subsequently vacated Adjacent properties comprise of commercial and aviation properties Ellington Field Joint Reserve Base and other vacant maintained lots within Ellington Field No evidence of any recognized environmental conditions was identified in connection with the proposed relocation site

A review of the USEPA EnviroMapper for Envirofacts and the TCEQ Central Registry online databases identified no known hazardous material generators storage releases or disposal sites on or immediately adjacent to the proposed site (USEPA 2013 TCEQ 2013) In addition a review of the HGAC Closed Landfill Inventory identified no known sites in the vicinity of the proposed relocation site (HGAC 2013b) A site visit was conducted by a NISTAC Environmental Specialist on May 30 2013 No hazardous or toxic materials were observed onsite

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to hazardous materials or waste

Proposed Action Alternative ndash Under the Proposed Action Alternative no impacts to hazardous materials or waste impacts are anticipated Any hazardous materials discovered generated or used during construction would be handled and disposed of in accordance with applicable local state and federal regulations

363 Noise Noise is generally defined as unwanted sound Sound is most commonly measured in decibels (dB) on the A-weighted scale which is the scale most similar to the range of sounds that the human ear can hear The Day-Night Average Sound Level (DNL) is an average measure of sound The DNL descriptor is accepted by federal agencies as a standard for estimating sound impacts and establishing guidelines for compatible land uses USEPA guidelines and those of many other federal agencies state that outdoor sound levels in excess of 55 dB DNL are ldquonormally unacceptablerdquo for noise-sensitive land uses such as residences schools or hospitals

The proposed project site is located within Ellington Field an active joint use civilmilitary airport which supports the operations of the United States military NASA and general aviation No noise sensitive receptors were observed during the May 30 2013 site visit by a NISTAC Environmental Specialist in proximity to the proposed relocation site However according to the Federal Aviation Administration airport lookup portal (FAA 2013) noise sensitive areas are located south and east of Ellington Field and noise abatement procedures are currently in effect for aircraft using the airport

No Action Alternative ndash Under the No Action Alternative no construction would occur and there would be no impacts to noise levels

Proposed Action Alternative ndash Under the Proposed Action Alternative minor short-term increases in noise levels are anticipated during the construction period To mitigate noise impacts to nearby receptors construction activities would take place during normal business hours Equipment and machinery installed at the proposed relocation site would meet all local

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

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DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-12

state and federal noise regulations The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions however permanent post-construction noise levels will remain similar to existing noise levels in the area and there would be no impacts to sensitive noise receptors

364 Transportation Ellington Field is located approximately 1 mile east of Interstate 45 and 13 miles south of the Sam Houston Tollway The main access roads to Ellington Field are from Farm to Market Road 1959 (Dixie Farm Road) and State Highway 3 (Galveston Road) Access to the proposed site would be from Aerospace Avenue via Challenger Seven Parkway that serves at the main entrance to Ellington Field from the Farm to Market Road 1959 and State Highway 3 intersection Because of the commercial and military aviation use of Ellington Field the roadways within Ellington Field are frequently used by large trucks airport shuttles and buses and commuter vehicles

The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field LSFM has several large aircraft that are maintained as static displays and other aircraft that are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

No Action Alternative ndash Under the No Action Alternative there would be no construction and no impacts to transportation would occur

Proposed Action Alternative ndash Under the Proposed Action Alternative there would be no significant long-term impact to the existing roadway network Minor long-term impacts to traffic levels in and around Ellington Field would occur as a result of increased vehicles accessing the new complex The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions but is not anticipated to have an effect on airfield access or airspace In a response letter dated February 27 2012 the FAA provided no objection to the relocation of LSFM to Ellington Field (Appendix C)

There would be a minor temporary increase in construction traffic on roadways adjacent to the proposed relocation site that could potentially result in slower traffic flow during construction Although road closures are not anticipated appropriate signage would be posted on affected roadways and construction vehicles and equipment would be stored on site during project construction to mitigate against any potential delays

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-13

365 Public Health and Safety EO 13045 (Protection of Children) requires federal agencies to make it a high priority to identify and assess environmental health and safety risks that may disproportionately affect children Safety and security issues considered in this EA include the health and safety of area residents the public-at-large and the protection of personnel involved in the activities related to the construction of the proposed project

No Action Alternative ndash Under the No Action Alternative construction of the new complex would not occur and there would be no impacts to public health and safety

Proposed Action Alternative ndash Under the Proposed Action Alternative construction activities could present safety risks to those performing the activities however no impacts to public health and safety are anticipated To minimize risks all construction activities would be performed by qualified personnel trained in the proper use of equipment including all appropriate safety precautions Additionally all activities would be conducted in a safe manner in accordance with the standards specified in the Occupational Safety and Health Administration (OSHA) regulations The appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law The Texas One-Call Law is a statewide notification service to facilitate safe excavation and avoid underground facility damage during construction

37 SUMMARY The following table summarizes the potential impacts of the Proposed Action Alternative and conditions or mitigation measures to offset those impacts

Affected Environment Impacts Mitigation

Geology Soils and Seismicity

No impacts to geology or seismicity are anticipated Minor short-term impacts to 1385 acres of soils would occur during site leveling and grading and construction of the new complex No impacts to prime and unique farmlands would occur

A SWPPP and a TPDES permit must be obtained prior to construction The construction contractor would be required to implement appropriate BMPs including installation of silt fences and revegetation of disturbed soils to minimize erosion Excavated soil and waste materials will be managed and disposed of in accordance with applicable local state and federal regulations If contaminated materials are discovered during the construction activities work will cease until appropriate procedures and permits can be implemented

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

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RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-14

Affected Environment Impacts Mitigation

Air Quality Minor short-term impacts to air quality would occur during the construction period

Construction contractors would be required to water down construction areas when necessary fuel-burning equipment running times would be kept to a minimum and engines would be properly maintained

Surface Water Minor short-term impacts to offsite surface waters may occur due to stormwater runoff transporting sediments from soils disturbed during construction and an increased amount of impervious surfaces after completion of the proposed complex

The applicant would be required to obtain a SWPPP and a TPDES permit for the project Appropriate BMPs including installing silt fences and revegetating bare soils would minimize runoff

Groundwater No impacts to groundwater are anticipated

None

Waters of the US including Wetlands

No impacts to wetlands or other WOUS are anticipated

Appropriate BMPs would be implemented to minimize soil erosion and reduce sediment transport to offsite surface waters and wetland areas

Floodplains No impacts to the floodplain are anticipated

None

Coastal Resources

The new complex would be constructed within the Texas coastal zone However the proposed project is not intended to promote additional development within the coastal zone Based on consultation with GLO and review of CCC General Concurrence 5 FEMA has determined that this project is consistent with the goals and policies of the TCMP and consistency review procedures as implemented by the GLO

None

Biological Resources

No impact on biological resources would occur The 1385 acres to be disturbed consist of previously disturbed land and fill material The project would have ldquono effectrdquo on federally listed TampE species or migratory birds

None

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

AOVT INGSYioi iOI

1$k_ INillAISISIGNATUAE

I A1t~middot PJJ ~ k ~ Jjf3tJt(_ FKNTgreo~

~~rv DAJ_ t-JtV AOVTtgtosrlo4tb

INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-15

Affected Environment Impacts Mitigation

Cultural Resources

No impacts to cultural resources are anticipated

In the event that archeological deposits including any Native American pottery stone tools bones or human remains are uncovered the project shall be halted and the applicant shall stop all work immediately in the vicinity of the discovery and take reasonable measures to avoid or minimize harm to the finds All archeological findings will be secured and access to the sensitive area restricted The applicant will inform FEMA immediately and FEMA will consult with the State Historic Preservation Office (SHPO) or Tribal Historic Preservation Office (THPO) and Tribes and work in sensitive areas cannot resume until consultation is completed and appropriate measures have been taken to ensure that the project is in compliance with the National Historic Preservation Act (NHPA)

Environmental Justice

No disproportionately high or adverse effect on minority or low-income populations is anticipated All populations would benefit from the proposed project

None

Hazardous Materials

No hazardous materials or waste impacts are anticipated

Any hazardous materials discovered generated or used during construction would be disposed of and handled in accordance with applicable local state and federal regulations

Noise Minor short-term impacts to noise levels would occur at the proposed project site during the construction period The proposed project may cause a minor increase in noise from increased aircraft traffic at Ellington Field during museum exhibitions

Construction would take place during normal business hours and equipment would meet all local state and federal noise regulations All permanent post-construction noise levels will remain similar to existing noise levels in the area there would be no additional impacts to sensitive noise receptors

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Affected Environment and Potential Impacts

3-16

Affected Environment Impacts Mitigation

Transportation A short-term minor increase in the volume of construction traffic on adjacent roadways could cause slower traffic flow during construction activities The proposed project may cause a minor increase in aircraft traffic at Ellington Field during museum exhibitions

Construction vehicles and equipment would be stored on-site during project construction and appropriate signage would be posted on affected roadways The appropriate signage and barriers should be in place prior to construction activities to alert pedestrians and motorists of project activities No impacts to airfield access or airspace are anticipated Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

Public Health and Safety

No impacts to public health and safety are anticipated

All construction activities would be performed by qualified personnel and in accordance with the standards specified in OSHA regulations appropriate signage and barriers would be in place prior to construction activities to alert pedestrians and motorists of project activities The construction contractor will be responsible for adhering to the Texas One-Call Law

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

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u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Cumulative Impacts

4-1

SECTION FOUR CUMULATIVE IMPACTS According to CEQ regulations cumulative impacts represent the ldquoimpact 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 impacts can result from individually minor but collectively significant actions taking place over a period of time (40 CFR 15087)rdquo In accordance with NEPA and to the extent reasonable and practical this EA considered the combined effect of the Proposed Action Alternative and other actions occurring or proposed in the vicinity of the proposed project site

Hurricane Ike caused extensive damage throughout the HoustonGalveston Area and the Gulf Coast The HoustonGalveston Area and the surrounding region continue to undergo recovery and rebuilding efforts The recovery efforts include demolition reconstruction and new construction of residential and commercial properties rehabilitation and expansion of the regionrsquos public infrastructure (including roadway and water and wastewater systems) and restoration of the regionrsquos beaches parks and recreation areas These projects and the proposed action may have a cumulative temporary impact on air quality on in the region by increasing criteria pollutants during construction activities

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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DATE ----1

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Public Involvement

5-1

SECTION FIVE PUBLIC INVOLVEMENT FEMA is the lead federal agency for conducting the NEPA compliance process for the proposed construction of the new LSFM It is the goal of the lead agency to expedite the preparation and review of NEPA documents and to be responsive to the needs of the community and the purpose and need of the proposed action while meeting the intent of NEPA and complying with all NEPA provisions

The Texas Aviation Hall of Fame will provide additional notification to the public of the availability of the draft EA through publication of a Notice of Availability for the Draft Environmental Assessment for the proposed project in the Houston Chronicle informing the public of FEMArsquos decision to proceed with the project The draft EA will also be made available for public review at the following locations

bull Lone Star Flight Museum 2002 Terminal Drive Galveston Texas 77554

bull Clear Lake City - County Freeman Branch Library 16616 Diana Lane Houston Texas 77062

The draft EA will also be available for public viewing on FEMArsquos website (httpswwwfemagovenvironmental-documents-and-public-notices-in-region-vi) FEMA will conduct a 30-day public comment period commencing on the initial date of publication of the public notice

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Agency Coordination

6-1

SECTION SIX AGENCY COORDINATION Because of the scope of this project and the existing buildings and facilities at the proposed relocation site agency coordination for the development of the EA was limited to the THC GLO and FAA to account of resources under their respective jurisdictions Agency consultation letters and responses are provided in Appendix C

In accordance with applicable local state and federal regulations the applicant would be responsible for acquiring any necessary permits prior to commencing construction at the proposed relocation site

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

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DATE 11

RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Conclusions

7-1

SECTION SEVEN CONCLUSIONS No impacts to geology seismicity groundwater WOUS including wetlands floodplains coastal resources biological resources including TampE species cultural resources socioeconomic resources environmental justice hazardous materials and public health and safety are anticipated under the Proposed Action Alternative During the construction period minor short-term impacts to soils air quality surface water noise and transportation are anticipated These impacts would be mitigated using erosion and sediment control BMPs appropriate signage and proper equipment maintenance

The preliminary findings of the EA indicate that the proposed project would result in no significant environmental impacts to the human or natural environment Therefore it is anticipated that the proposed action will meet the requirements of a FONSI under NEPA and the preparation of an EIS will not be required

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

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ROUTING SYio80~

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DATE 11

RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

References

8-1

SECTION EIGHT REFERENCES Berg-Oliver Associates Inc 2012 Phase I Environmental Site Assessment - Proposed Lone Star

Flight Museum 13855 Acres More or Less Hilliard Street and Aerospace Avenue Houston Harris County Texas Report No 8663P112 Houston Texas October

Federal Aviation Administration (FAA) 2013 Airport Data amp Contact Information httpwwwfaagovairportsairport_safetyairportdata_5010 Accessed July 4 2013

Federal Emergency Management Agency (FEMA) 1993 Flood Insurance Rate Map Harris County Texas Community Panel No 48549900070F httpwwwmscfemagov Accessed July 5 2013

Fly2Houstoncom 2013 About Ellington Airport httpwwwfly2houstoncomefd-about-ellington-airport Accessed July 31 2013

Houston Galveston Area Council (HGAC) 2013a Census ACS Data Portal httparcgis02h-gaccomCensus_ACS Accessed July 11 2013

HGAC 2013b H-GAC Closed Landfill Inventory httparcgis02h-gaccomCLI Accessed July 5 2013

Terracon Consultants Inc 2012 Geotechnical Engineering Report- The Lone Star Flight Museum at Ellington Field NEQ of Aerospace Avenue and Hillard Street Houston Texas Terracon Project No 91125078 League City Texas November 9 2012

Texas Commission on Environmental Quality (TCEQ) 2013 Central Registry Query ndash Regulated Entity Search httpwww12tceqstatetxuscrpub Accessed July 4 2013

Texas General Land Office (GLO) 2013 Texas Coastal Management Program Maps Texas Coastal Zone Map httpwwwglotexasgovwhat-we-docaring-for-the-coast_documentslanding-page-folderCoastalBoundaryMappdf Accessed July 4 2013

Texas Historical Commission (THC) 2013 Texas Historic Sites Atlas httpwwwthcstatetxus Accessed July 5 2013

Texas Water Development Board (TWDB) 2013a Geologic Atlas of Texas httpwwwtwdbstatetxusgroundwateraquiferGAThoustonhtm Accessed July 5 2013

TWDB 2013b Gulf Coast Aquifer httpwwwtwdbstatetxuspublicationsreportsnumbered_reportsdocR345Majorsgulfpdf Accessed July 5 2013

US Census Bureau (USCB) 2010 American FactFinder 2010 Census Demographic Profiles Data Harris Census Tract 340201 Texas httpfactfinder2censusgovfacesnavjsfpagesindexxhtml Accessed July 5 2013

USCB 2012 American Community Survey httpwwwcensusgovacswww Accessed July 5 2013

USCB 2013 USCB State and County Quickfacts Harris County Texas httpquickfactscensusgovqfdstates4848167html Accessed July 5 2013

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

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ROUTING SYio80~

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DATE 11

RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

References

8-2

US Department of AgricultureNatural Resources Conservation Service (USDANRCS) 2013 Web Soil Survey httpwebsoilsurveynrcsusdagovapp Assessed July 5 2013

US Environmental Protection Agency (USEPA) 2013 EnviroMapper for Envirofacts httpwwwepagovemefdataem4efhome Accessed July 4 2013

US Fish and Wildlife Service (USFWS) 2013a National Wetland Inventory httpwwwfwsgovwetlandsDataMapperhtml Accessed July 5 2013

USFWS 2013b John H Chafee Coastal Barrier Resource System Maps of Coastal Barrier Resources System httpwwwfwsgovCBRAMapsindexhtml Accessed July 5 2013

USFWS 2013c Species by County Report Harris County httpwwwfwsgovendangered Accessed July 5 2013

USFWS 2013d Migratory Bird Program httpwwwfwsgovmigratorybirdsFlywayshtml Accessed July 5 2013

US Geological Survey (USGS) 1992 Friendswood Texas Quadrangle 75-Minute Series Topographic Map 1240000 Accessed July 5 2013

USGS 2008 USGS National Seismic Hazard Map httpearthquakeusgsgovhazardsproductsgraphic2pct50jpg Accessed July 5 2013

USGS 2012a Earthquake Hazards Program Quaternary Faults Map ndash Interactive httpearthquakeusgsgovhazardsqfaultsimsintrophp Accessed July 5 2013

USGS 2012b Fault number 924 Gulf-margin normal faults Texas in Quaternary fault and fold database of the United States US Geological Survey website httpearthquakeusgsgovhazardsqfaults Wheeler RL compiler Accessed July 5 2013

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

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ROUTING SYio80~

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DATE 11

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

List of Preparers

9-1

SECTION NINE LIST OF PREPARERS

Document Preparers

Brian Mehok CFM Project Manager NISTAC Houston Texas Angela Chaisson Senior Environmental Specialist NISTAC Germantown Maryland

Government Contributors

Kevin Jaynes Regional Environmental Officer Region VI Federal Emergency Management Agency Denton Texas Alan Hermely Environmental Specialist Region VI Federal Emergency Management Agency Denton Texas

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

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ROUTING SYio80~

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DATE 11

RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Appendix A

Figures

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

II

COHCUAAfNCES

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

NfllALSISGNATU RE

OAT ~

ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

INillAISISIGNATUAE

DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

APPLICANT Texas Aviation Hall of Fame

TITLE

PROJECT VICINITY PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE A 11 C 06 02013 S LE

Not to Scale

Proposed

Project Site

Lone Star

Flight Museum

(Current Location)

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

DATE ----1

ROUT ING SYMBOL

INITIAISISIGHATUAE

DATE -----=-___

ROUTING SYio80~

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DATE 11

RO UTING S YMampOL

lf t i11ALSISIGHATURE

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Source USGS National Map Orthoimagery 2013

APPLICANT Texas Aviation Hall of Fame TITLE PROJECT AREA

PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 2 06102013 SCALE

Not to Scale

Proposed

Project Site

Proposed Site

Development

Layout

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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INITIAISISIGNATURE

DATE n FlOUtiNG SYMBOl

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ROUT ING SYtISOI IHfTlALSfSmiddotGHAiURE

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RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Source FEMA Map Service Center Federal Emergency Management Agency 1992

APPLICANT Texas Aviation Hall of Fame TITLE

FEMA FIRM MAP PROJECT Lone Star Flight Museum Relocation Project FIGURE

DATE 3 06102013 SCALE

Not to Scale

Proposed

Project Site

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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RO UTING S YMampOL

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Appendix B

Photograph Log

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 1

Direction Photo Taken

North

Description

The Lone Star Flight Museum (LSFM) is comprised of three interconnected buildings totaling 120000 square feet Buildings were constructed in 1990-1991

Date 6122013

Photo No 2

Direction Photo Taken

NA

Description

LSFM displays more than 40 historically significant aircraft and over 1500 aviation museum collectibles

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

2002 Terminal Drive Galveston Texas

Project No

Date 6122013

Photo No 3

Direction Photo Taken

NA

Description

The Flight Museumrsquos B-17 is painted in the colors of the lsquoThunderbirdrsquo an aircraft with the 303rd bomb group which flew 116 missions during World War II

Date 6122013

Photo No 4

Direction Photo Taken

NA

Description

LSFM has several large aircraft that are maintained as static displays other aircraft are not operational due to damages sustained during Hurricane Ike (including the two aircraft located along the rear wall)

Large static display aircraft would be disassembled and transported by truck to Ellington Field

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 5

Direction Photo Taken

South

Description

View of the proposed LSFM relocation site at Ellington Field

Date 5302013

Photo No 6

Direction Photo Taken

West

Description

View of the proposed LSFM relocation site at Ellington Field

The Houston Airport Systems Office (left) and the US Coast Guard Houston-Galveston Sectorrsquos new headquarters (building under construction right) are located adjacent to the west of the proposed relocation site

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northwest

Description

View of the proposed LSFM relocation site at Ellington Field The Ellington Field Joint Reserve Base is located immediately north of the site

Stormwater runoff from the site will be directed to a proposed detention pond and the existing stormwater drainage system located along the adjacent roads This photo shows a stormwater sewer drain along the eastern property boundary

Date 5302013

Photo No 8

Direction Photo Taken

North

Description

View north from Hilliard Street at the proposed LSFM Relocation Site

The overhead power line will be replaced with an underground conduit to maintain service to adjacent properties

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

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u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

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FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA PHOTOGRAPHIC LOG

Project Name

Lone Star Flight Museum Relocation Project

Site Location

Aerospace Avenue at Ellington Field Houston Texas

Project No

Date 5302013

Photo No 7

Direction Photo Taken

Northeast

Description

View northeast from Hilliard Street at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Date 5302013

Photo No 8

Direction Photo Taken

East

Description

View east from Aerospace Avenue at the proposed LSFM relocation site and the adjacent Ellington Field Airport

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

evmiddot

Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

- -

=shybull I

u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

li I

Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

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FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Appendix C

Agency Coordination

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

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Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

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FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

US Department of Homeland Security Federal Emergency Management Agency FEMA-1791-DR-TX 800 N Loop 288 Denton Texas 76209

FEMA August 1 2013

Mark Wolfe State Historic Preservation Officer Texas Historical Commission PO Box 12276 Austin TX 78711-2276

RE Section 106 Review Consultation FEMA-1791-DR-TX Hurricane Ike Lone Star Flight Museum Relocation Project Ellington Field Houston Texas Coordinates 29604707 -95174521

Dear Mr Wolfe

The Federal Emergency Management Agency (FEMA) will be providing funds authorized under the Robert T Stafford Disaster Relief and Emergency Assistance Act PL 93-288 as amended in response to the major Disaster Declaration for FEMA-1791-DR-TX dated September 7 2008 FEMA is initiating Section 106 review for the above referenced property in accordance with the Programmatic Agreement between FEMA the Texas Historical Commission (SHPO) and the Texas Division of Emergency Management (TDEM) dated August 302005

The Lone Star Flight Museum (LSFM) located at 2002 Terminal Drive in Galveston Texas was severely damaged by hurricane force winds driving rain and a 7-foot storm surge which flooded the complex The LSFM is a not-for-profit 501(c)(3) educational museum that displayed more than 40 historically significant aircraft and over 1500 aviation museum collectibles prior to Hurricane Ike The LSFM has been restored to pre-disaster condition however the LSFM remains susceptible to future storm events and additional damage As a result the Texas Aviation Hall of Fame has requested FEMA Public Assistance (PA) Program funding to relocate the LSFM complex out ofthe floodplain to Ellington Field in Houston Texas (Undertaking)

LSFM is currently located at 2002 Terminal Drive in Galveston Texas (Latitude 29270579 Longitude -94853776) adjacent to Galveston Islands Scholes International Airport LSFM is comprised ofthree interconnected buildings totaling 120000 square feet (Figure 1) The three buildings consist of two (2) aircraft hangars (Phase I and II) and a building that houses the center of aviation studies library exhibit room offices and a gift shop Phase I of the facility was constructed in 1990 with Phase II in 1991 to accommodate the rapid growth of the museum The current LSFM facility would be sold with the intent of maintaining it as an aviation facility at Galveston Scholes International Airport

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

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Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

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u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

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including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

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FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Mark Wolfe August 1 2013 Page 2

The Area of Potential Effect (APE) is limited to the proposed project site a 1385-acre parcel at Ellington Field) a joint use civilmilitary airport Ellington now supports the operations of the United States military National Aeronautics and Space Administration (NASA) and general aviation Ellington Field is located approximately 15 miles south of downtown Houston near Interstate 45Gulf Freeway the major highway heading from the City to NASA and Galveston Island The airport is operated and maintained by the Houston Airport System

The new LSFM complex would comprise of an approximately 125000 square feet building that would include hangar space for aircraft display and storage an auditorium exhibit hall and library gift shop and cafeteria As the project is in conceptual design the current project would be constructed in the center ofthe property encompassing approximately 10-acres ofthe approximate 1385-acre site however the Texas Aviation Hall of Fame is also evaluating additional hangars buildings and parking spaces within the site boundaries As a result this alternative considers for full-site build out of the approximate 1385 site

The proposed site is a vacant maintained grassed lot bounded by Aerospace A venue to the West Hilliard Street to the South Morton Avenue to the east and Perrie Street and the Ellington Field Joint Reserve Base to the North (Figure 2) According to the Phase I Environmental Site Assessment for the subject property (Berg-Oliver Associates Inc 2012) the proposed site was formerly used for barrack or military housing prior to 1944 and more recently for base recreational fields that have been subsequently vacated Adjacent properties comprise of commercial and aviation properties and other vacant maintained lots within Ellington Field A photographic log of the proposed project site is provided in Appendix B The proposed property is owned by the City of Houston and would be leased to the Texas Aviation Hall ofFame

Construction of the new LSFM complex would include leveling and grading the of the entire approximate 1385-acre site The new complex would connect into existing water sewer natural gas and electrical utility services located along Aerospace A venue Site access to the complex would be from Aerospace A venue The proposed project would also require the installation of a ramp to an existing aircraft taxi-way located along the northern boundary of the site Installation of the ramp would allow aircraft to access the complex via the Ellington Field runways Site drainage would be directed to the existing airport drainage infrastructure

LSFM maintains over 40 historical aircraft and 1500 aviation artifacts that will be relocated to the new complex upon completion According to Texas Aviation Hall of Fame representatives the majority of the aircraft will be flown from Galveston Scholes International Airport to Ellington Field however LSFM maintains several large aircraft that are maintained as static displays and other aircraft are not operational due to damages sustained during Hurricane Ike Those aircraft would be disassembled and transported by truck to Ellington Field Oversized transports would occur during non-peak evening hours to minimize potential traffic impacts

A cultural records search in the Texas Historical Commission (THC) Archeological Sites Atlas was conducted for known archaeological and historic resources There are no previously recorded archeological sites Texas Historic Landmarks National Historic Landmarks structures individually listed on the National Register of Historic Places nor locally designated or NRHP-listed historic districts within one mile of the proposed project site (see attached figure) The Site Atlas does show

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

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Enclosures THC Request for Consultation Form Figures Photographic Log

Re middot o Environmental Officer FEMA Region VI

fO( 1Jlar~ WoHe Executive Director THC Date - ~ 39-1-~------hfu bull 1 ~ l~ 1 =====~) o1gt

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u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

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(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Mark Wolfe August 1 2013 Page 3

that several cultural resources investigations have been conducted within the immediate vicinity all with negative results These include a 2003 survey sponsored by the Air Force and conducted by HRA Gray and Pape for a possible MD Anderson Cancer Center this survey examined the land touching the northern margin of the parcel currently under review A 2006 survey was also performed by HRA Gray and Pape for a TxDOT review of the Galveston Roadway immediately to the south

Despite these and other surveys in the area there have been no cultural resource concerns of any kind identified near the undertaking The parcel under review has also been significantly impacted by previous land altering activities It was cleared leveled and graded during the areas use as Ellington Air Force Base While the air field has an extensive history that goes back to 191 7 there are no indications that buildings associated with its historic eras were located in this area The lack of findings from the previous cultural resources supports this and it is therefore unlikely that intact resources that would meet the NRHP Criteria ofEligibility would be present within this disturbed location FEMA therefore has made a determination of No Historic Properties Affected We request concurrence with this determination Photographs and a USGS Topographic map showing the project location are attached as are figures from the Texas Site Atlas

Your prompt review of this project is greatly appreciated Should you need additional information please contact Cheryl Brown Historic Preservation Specialist at (940) 383-7286

Sincerely

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Re middot o Environmental Officer FEMA Region VI

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

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FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

- -

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u S Department Airports D IVISIOn Fort Wo rt h Texas 76137-0600 of Transportation

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Southwest Reg1on Alkansas LouisianaFe d e ral Aviation New Mex1co Oklahoma Administration Texas

February 2720 12

Mr Mario Diaz Director of Aviation City of Houston 16930 JFK Blvd Houston TX 77132

Dear Mr Diaz

This is in response to your letter dated January 12 2012 requesting our rev iew ofyour proposed lease with the Lone Star Flight Museum at Ellington Field in Houston Texas

Whi le we appreciate your giving us the opportunity to review the documents we no longer provide a detailed analysts of leases However we are able to provide you a few comments that you are probably particularly interested in

1 You may charge the museum a less than fair market val ue (FMV) rate (FAA Order 51906B Paragrap h 17 16a) This is an approved use of airport revenue (Pol icies and Procedures Concerning the Use of Airport Revenue Section VII E) Although $1 per year (Lease Section 4 1) is a lot less than FMV it was good to see that the lessee gets to pay an operations and maintenance fee (Lease Section 43) -

2 Section 7 11 -FAA Review- FAA is going to provide just that a review We would indicate ifthere were any substantial problems with the lease but there are notany Yo u may consider this an approval

If I can be of further assistance please contact me at (817) 222-561 4

Sincerely ORJGitW SIGNED BY I

I-

Ben Guttery Senior Program Manager Texas Airports

Development Office OATeuro I

ZREV650AAirports Houston Ellington (EFD)ComplianceDocumentsEF D Lone Star Museum Lease Approval Letterdoc _

I I bull I FAA Form 1360middot 14 1 (6-89) OFFICIAL FILE COPY Qgt USG P O 1912-668- 0 12 60 1 18

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COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

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----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

----------- --------------------

COASTAL COORDINATION COUNCIL GENERAL CONCURRENCE 5

Regarding Federal Emergency Management Agency (FEMA) assistance to areas of Texas designated as major disaster areas

Pursuant to 31 Texas Administrative Code (TAC) sectsect50628 amp 50635 and 15 Code of Federal Regulations (CFR) sect93053(b) the Coastal Coordination Council (Council) issues the following General Concurrence 5 (GC5) for FEMA assistance in federally declared disaster areas

Section 1 Purpose and Intent

A The purpose of this GC5 is to assist FEMA by expediting consistency review of certain FEMA-funded activities under the Texas Coastal Management Program (CMP) and to identify the certain activities affecting certain coastal natural resource areas (CNRAs) that must undergo a full consistency determination The purpose of the GC5 is to minimize the number of consistency reviews that must be performed for activities that are minor in scope and that do not have significant adverse effects on CNRAs within the Texas CMP boundary The CMP boundary is depicted in Appendix A of this document and is more particularly described in 31 TAC sect5031

B FEMA and the Council acknowledge that the implementation of disaster assistance will be more effective if specific procedures are developed to expedite consistency review activities by the Council for activities with little potential to affect CMP Areas This GC5 should shorten the time needed to comply with the Texas CMP for FEMA-funded projects and allow FEMA to more readily provide assistance following a federally declared disaster on the Texas coast

C FEMA and DEM implement the Individual and Public grants under FEMAs Individual and Public Assistance programs as defined in 44 CFR sect2062(15)amp(20) FEMA has determined that the implementation of the programs in 44 CFR Part 206 may have an effect upon properties within the Texas CMP boundary Therefore FEMA and the Council agree that these disaster assistance programs shall be administered in accordance with the following Sections which will ensure compliance under the CMP

Section 2 Activities Covered-

A This GC5 is intended to incorporate FEMAs existing process for providing assistance for projects in major disaster areas FEMA proposes to administer federal programs pursuant to the Robert T Stafford Disaster Relief and Emergency Assistance Act 42 USC 5121-5206 (Stafford Act) and its implementing regulations contained in Title 44 CFR Part 206 regarding assistance for the repair or replacement of damaged facilities and structures

1

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

-~~~~~~~- ~---~------ --~-------~-~--------------------

including approved Stafford Act Section 404 and 406 mitigation measures 42 USC sectsect5170c amp 5172

B The Council finds that the following assistance activities will not have direct or significant adverse effects on CNRAs and determines that FEMA or its grantees and subgrantees need not submit consistency findings for the following activities within the Texas CMP boundaries

1 Funding of emergency response activities as provided under Stafford Act Section 403 (42 USC sect5170b) Category A Debris Removal and Category B Emergency Protective Measures that are necessary when there is an unacceptable hazard to life when there is an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action is not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 This includes activities that are necessary to protect public health and safety as defined in Emergency 44 CFR sect2062(9) including direct federal assistance funded by FEMA such as water ice and power generation teams

2 Individual grants under FEMAs Individual Assistance Program as defined in 44 CFR sect 2062(15)

3 Repair and construction projects that are covered under Categories C Roads and Bridges D Water Control Facilities E Buildings and Equipment F Utilities and G Parks Recreational Facilities and other Items included in Stafford Act Section 403 (42 USC sect5170b) and that have the same function capacity and footprint as existed prior to the major disaster including upgrades to current codes and standards provided that all three conditions are met These projects are only exempt from the consistency requirements if they do not fall within the CNRAs listed in subsection C below Even if all three conditions are met a project may require a consistency determination as outlined in subsection C below

4 Repair or replacement of automobiles and equipment 5 Repairs and construction inside or outside of structures in the same

footprint even if the repairs have a different function and capacity than previously existed and which may occur in previously disturbed areas around the exterior of the structure

6 Reconstruction of Coastal Historic Areas A historic area is defined as a site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is (A) a site on or eligible for the National Register of Historic Places designated under 16 USC sect470a and 36 CFR Part 63 Chapter 1 or (B) a state archaeological landmark as defined by Texas Natural Resource Code (TNRC) Subchapter D Ch 191 These are governed by the Programmatic Agreement Among the Federal Emergency Management Agency the Texas State Historic Preservation Office the Texas Department ofPublic

2

bullI]

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

----------- ----~--- ----

Safety Division ofEmergency Management and the Advisory Council on Historic Preservation (PA) or any subsequent replacement documents Compliance with the PA satisfies the requirements of31 TAC sect50114(o) and no separate consistency review is required

C Consistency determinations are required for activities over which the Council has jurisdiction if they occur in certain CNRA areas within the CMP boundary even if the project has the same function capacity and footprint as existed prior to the major disaster FEMA may fund a necessary emergency response activity within a CNRA without a consistency determination when the emergency response activity was performed to prevent an unacceptable hazard to life an immediate threat of significant loss of property or where an immediate and unforeseen economic hardship is likely if corrective action were not taken within a time period less than the normal time needed under standard procedures in 31 TAC sect50651 Maps and information on all of the CNRA areas below may be found on the General Land Offices web site at httpwwwglo state tx us gisdata gisdatahtml FEMA must provide consistency determinations for projects that fall within the following CNRA areas

1 Critical Areas These are defined in TNRC sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Each of these critical areas is more specifically described under 31 TAC sect5013(b) (See Appendix B) Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

2 Submerged Lands Submerged land means land located under waters under tidal influence or under waters of the open Gulf of Mexico without regard to whether the land is owned by the state or a person other than the state TNRC sect33203(15) and 31 TAC sect5013(b)(12) Development on submerged lands must comply with the policies in 31-TAC sect50114(i)

3 BeachDune System and Critical Dune Areas Critical dune area is defined as a protected sand dune complex on the Gulf shoreline within 1000 feet of Mean High Tide in TNRC sect33203(9) and 31 TAC sect5013(b)(6) Construction in critical dune areas and adjacent to Gulf beaches must comply with the policies in 31 TAC sect50114(k)

4 Coastal Hazard Areas These are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Definitions of special hazard areas and critical erosion areas may be found in Appendix C Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

5 Coastal Barriers These are defined in TNRC sect33203(2) and 31 TAC sect5013(b)(l) as an undeveloped area on a barrier island peninsula or other protected area as designated by United States Fish and Wildlife Service maps Development of new infrastructure or major repair of

3

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

existing infrastructure within or supporting development within Coastal Barrier Resource System Units and Otherwise Protected Areas designated on maps dated October 24 1990 under the Coastal Barrier Resources Act 16 United States Code Annotated sect3503(a) must comply with the policies in 31 TAC sect50114(m)

6 State Parks Wildlife Management Areas or Preserves Coastal preserve is defined in 31 TAC sect5013(b)(3) as any land including a park or wildlife management area that is owned by the state and that is subject to Chapter 26 Parks and Wildlife Code because it is a park recreation area scientific area wildlife refuge or historic site and designated by the Texas Parks and Wildlife Commission as being coastal in character Under 31 TAC sect50114(n) development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in such areas must comply with Texas Parks and Wildlife Code Chapter 26

7 Coastal shore areas defined in TNRC sect33203(5) as an area within 100 feet landward of the highwater mark on submerged land

8 Water under tidal influence defined in TNRC sect33203(19) as water in this state as defined by Section 26001(5) Water Code that is subject to tidal influence according to the Texas Commission on Environmental Qualitys (formerly the Texas Natural Resource Conservation Commissions) stream segment map The term includes coastal wetlands The Council shall provide FEMA a detailed map indicating these areas influenced by tidal waters

Section 3 Notification Procedures

For those proposed activities that will be reviewed for consistency with the CMP under the Councils rules (31 TAC sectsect50650-50652) FEMA shall submit to the Council Secretary FEMAs project worksheet proposed work and the name address and telephone number for a point of contact A description of the project must include at least the application and location map and supporting material required by FEMA as well as the information required by Council rules at 31 TAC sect50650(c) which includes a brief evaluation on the relationship of the proposed activity to the CMP goals and policies and an evaluation of any reasonably foreseeable coastal effects Under 31 TAC sect5065l(d) if three members do not refer an application to the Council within 30 days of the date the Council Secretary receives a copy of the application then the application is conclusively presumed to be consistent with the CMP

Section 4 Interagency Coordination Procedures

The Council will work with FEMA and DEM in seeping meetings to identify CMP concerns and CMP applicability to FEMA activities following a federally declared disaster FEMA and the Council may adopt amendments to this GC5 based on the scope of an individual disaster

4

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

Section 5 Termination

A The Council may modify this GC5 by issuing another general concurrence amendment or further revision Prior to issuing any general concurrence or amendment that modifies or revises this GC5 the Council shall coordinate any modifications or revisions with FEMA

B After consultation with FEMA the Council may terminate this GC5 by publishing notice of the termination in the Texas Register at least thirty days prior to the termination date

C FEMA may terminate this GC5 by providing 30 days written notice to the Council provided that FEMA and the Council will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination This GC5 may be terminated by the execution of a subsequent GC that explicitly terminates or supersedes its terms

5

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Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

-------------------------------------------------------------------------------------------

Coastal Coordination Council General Concurrence 5

YaMJL~~ David Dewhurst Date Chairman Coastal Coordination Council

pound~ If- b -e-2 Ron Cailleman Date Regional Director FEMA Region VI

Jaek Colleybull Date ~tate Coor8iBator

~1~ om Haas Date

Chief Financial Officer

Texas Departrnen t of Public Safety

6

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA General Concurrence 5 APPENDIX A- MAP OF COASTAL MANAGEMENT PROGRAM BOUNDARY

7

middotIJ

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA General Concurrence 5 APPENDIX B - CRITICAL AREAS

Critical Areas Defined in Texas Natural Resource Code (TNRC) sect33203(8) and 31 TAC sect5013(a)(8) as a coastal wetland oyster reef hard substrate reef submerged aquatic vegetation or tidal sand or mud flat Dredging and construction of structures in or the discharge of dredged or fill material into critical areas must comply with the policies in 31 TAC sect50114(h)

a Coastal Wetlands Defined in TNRC sect33203(7) and 31 TAC sect5013(b)(5) are Wetlands as the term is defined by Texas Water Code sect11502 located

(1) seaward of the Coastal Facility Designation Line established by rules adopted under Texas Natural Resources Code Chapter 40

(2) within rivers and streams to the extent of tidal influence as shown on the Texas Natural Resource Conservation Commissions stream segment maps and described as follows

(a) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County

(b) Nueces River from US Highway 77 to the Calallen Dam 17 kilometers (11 miles) upstream ofUS Highway 77 in NuecesSan Patricio County

(c) Guadalupe River from State Highway 35 to the GuadalupeshyBlanco River Authority Salt Water Barrier at 07 kilometers (04 miles) downstream of the confluence with the San Antonio River in CalhounRefugio County

(d) Lavaca River from FM Road 616 to a point 86 kilometers (53 miles) downstream ofUS Highway 59 in Jackson County

(e) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County

(f) Tres Palacios Creek from FM Road 521 to a point 06 kilometer (04 mile) upstream of the confluence with Wilson Creek in Matagorda County

8

II

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

(g) Colorado River from FM Road 521 to a point 21 kilometers (13 miles) downstream of the Missouri-Pacific Railroad in Matagorda County

(h) San Bernard River from FM Road 521 to a point 32 kilometers (20 miles) upstream of State Highway 3 5 in Brazoria County

(i) Chocolate Bayou from FM Road 2004 to a point 42 kilometers (26 miles) downstream of State Highway 35 in Brazoria County

G) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream ofFM Road 528 in GalvestonHarris County

(k) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County

(1) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County

(m) Cedar Bayou from Interstate Highway 10 to a point 22 kilometers (14 miles) upstream of Interstate Highway 10 in ChambersHarris County

(n) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties

(o) Neches River from Interstate Highway 10 to a point 113 kilometers (70 miles) upstream of Interstate Highway 10 in Orange County

(p) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County or

(3) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (2) of this paragraph except for the Trinity and Neches rivers

(a) For the portion of the Trinity River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563

9

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

(b) For the portion of the Neches River described by subparagraph (2) of this paragraph coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105

b Oyster reef Defined in TNRC sect33203(13) and 31 TAC sect5013(b)(10) as a natural or artificial formation that is

(1) composed of oyster shell live oysters and other living or dead organisms (2) discrete contiguous and clearly distinguishable from scattered oyster shell or oysters and (3) located in an intertidal or subtidal area

c Hard substrate reef A naturally occurring hard substrate formation including a rock outcrop or serpulid worm reef living or dead in an intertidal or subtidal area TNRC sect33203(12) and 31 TAC sect5013(b)(9)

d Submerged aquatic vegetation Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems TNRC sect33203(16) and 31 TAC sect5013(b)(13)

e Tidal sand or mud flat A silt clay or sand substrate without regard to whether it is vegetated by algal mats that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides including tides induced by weather TNRC sect33203(17) and 31 TAC sect5013(b)(14)

10

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers

FEMA General Concurrence 5 APPENDIX C- COASTAL HAZARD AREAS

Coastal Hazard Areas are defined in 31 TAC sect5013(a)(4) as special hazard areas and critical erosion areas Goals and policies for determining the consistency of development in coastal hazard areas are found in 31 TAC sect50114(1)

a A special hazard area is defined in TNRC sect33203(14) and 31 TAC sect5013(b)(ll) as an area designated under 42 USCA sect4001 et seq as having special flood mudslide or mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A AO A1-30 AE A99 AH VO V1-30 VE V M or E Under 31 TAC sect50114(1)(1) subdivisions participating in the National Flood Insurance Program shall adopt ordinances or orders governing development in special hazard areas

b A critical coastal erosion area or critical erosion area is defined in TNRC sect33601(4) and 31 TAC sect5013(b)(7) as a coastal area that is experiencing

historical erosion according to the most recently published data of the Bureau of Economic Geology of The University of Texas at Austin that the commissioner finds to be a threat to

1 Public health safety or welfare 2 Public beach use or access 3 General recreation 4 Traffic safety 5 Public property or infrastructure 6 Private commercial or residential property 7 Fish or wildlife habitat or 8 An area of regional or national importance

11

  • SECTION One Introduction
    • 11 Project Location
    • 12 Purpose and Need
      • SECTION Two Alternatives
        • 21 Alternative 1 No Action
        • 22 Alternative 2 Relocation and Construction of a New Lonestar Flight Museum (Proposed Action)
          • SECTION Three Affected Environment and Potential Impacts
            • 31 Physical Resources
              • 311 Geology Soils and Seismicity
              • 312 Air Quality
                • 32 Water Resources
                  • 321 Surface Water
                  • 322 Groundwater
                  • 323 Waters of the US Including Wetlands
                  • 324 Floodplains
                    • 33 Coastal Resources
                    • 34 Biological Resources
                    • 35 Cultural Resources
                    • 36 Socioeconomic Resources
                      • 361 Environmental Justice
                      • 362 Hazardous Materials
                      • 363 Noise
                      • 364 Transportation
                      • 365 Public Health and Safety
                        • 37 Summary
                          • SECTION Four Cumulative Impacts
                          • SECTION Five Public Involvement
                          • SECTION Six Agency Coordination
                          • SECTION Seven Conclusions
                          • SECTION Eight References
                          • SECTION Nine List of Preparers