Public Buildings Service; Record of Decision; Federal Building United States Courthouse, Phoenix, Arizona

GENERAL SERVICES ADMINISTRATION

Public Buildings Service; Record of Decision; Federal Building--

United States Courthouse, Phoenix, Arizona

The United States General Services Administration (GSA) announces

its decision, in accordance with the National Environmental Policy Act

(NEPA) and the Regulations issued by the Council on Environmental

Quality, November 29, 1978, to construct a new Federal Building--United

States Courthouse (FB-CT) in Phoenix, Arizona.

The new FB-CT would consist of approximately 515,000 gross square

feet (GSF) of building space and 380 parking spaces (totaling 40,800

GSF). The project, designed to relieve overcrowded conditions at the

existing court facilities in Phoenix, is to be sited within the Central

Business Area (CBA) of the City of Phoenix, Arizona and is anticipated

to be ready for occupancy in the year 2000. The federal agencies

proposed to utilize the new FB-CT are currently housed within the

existing Phoenix FB-CT, located at 230 1st Avenue, and in leased

commercial space in the Phoenix area. An objective of this project is

to consolidate these federal agencies into a single structure within

the City's CBA. The consolidation would promote efficiency in

operations for agencies housed within several downtown locations.

Alternatives Considered

The GSA has considered a range of alternatives that could feasibly

attain the objectives of the proposed project. NEPA does not require

that an agency consider every possibility, but requires that the range

of alternatives be comprehensive, so that the agency can make a

``reasoned choice'' among them. Alternatives considered are as follows:

Alternative 1 (``The Proposed Action'')

The proposed project site to be donated to the federal government

by the City of Phoenix encompasses two city blocks and has an area of

approximately 4.5 acres. The project site is bound by Washington Street

(north), 4th Avenue (east), Jefferson Street (south), and 6th Avenue

(west). Only a portion of this site would be utilized for the Proposed

Action, with the remaining portion being used for surface parking in

anticipation of future expansion to meet the United States District

Court's proposed long-range space requirements. Under this alternative,

both 5th and 6th Avenues between Washington and Jefferson Streets would

be closed to vehicular traffic and much of the abandoned roadway area

included into the GSA-proposed development area.

Alternative 2 (``The 5th Avenue Alternative'')

The proposed site under this alternative would be the same as for

the Proposed Action. The site is bound by Washington Street (north),

4th Avenue (east), Jefferson Street (south), and 6th Avenue (west). The

difference between this alternative and Proposed Action is the closure

of project area roadways. Under this alternative, 5th Avenue would be

closed and utilized as part of the project site, while 6th Avenue would

remain open to through traffic.

Alternative 3 (``The Alternative Site'')

This alternative proposes developing 4.5 acres of a 8.5 acre site

bounded by West Woodland Avenue (north), 7th Avenue (east), West Adams

Street (south) and 9th Avenue (east). Portions of this property are

owned by the Monroe School Association, Phoenix Automatic Machine

Products, and by several private individuals. Site improvements

currently include an abandoned 3-story building (Grace Court School),

two abandoned single-story auxiliary school buildings, four single-

family residences, an abandoned commercial building, and an auto parts

store. This site is listed on the National Register of Historic Places

(NHRP) as part of the Woodland Historic District. The three onsite

school buildings and four residences are considered contributors to the

district, while the commercial structures are considered

noncontributors.

No Action Alternative

NEPA Section 1502.14(d) requires an alternative of No Action be

included in the Environmental Impact Statement (EIS) analysis. The ``No

Action'' Alternative would preclude development of the Phoenix FB-CT on

any of the proposed project sites, therefore, property used for the

project would be retained by the current owners. Under this

alternative, U.S. Court and executive agencies and Congressional

offices would continue to be housed in the existing Phoenix FB-CT at

230 North 1st Avenue and at various leased locations in Phoenix. The

[[Page 42253]]

projected increase in federal presence in the Phoenix area is not

contingent on the construction of the proposed project, therefore, the

rate of growth in federal employment levels in both the judicial and

executive branches is projected to occur regardless of whether the

proposed building is constructed.

Alternatives Examined But Not Considered in the EIS

In addition to the alternatives described above, several options

were considered to fulfill the needs of the U.S. District Courts. These

included the examination of several alternative sites beyond those

considered within the EIS, the acquisition of Base Realignment and

Closure Act properties, Resolution Trust Corporation (RTC) properties,

the potential leasing of building space, and the expansion of the

existing FB-CT. These alternatives were eliminated from further

consideration due to a number of reasons, including but not limited to:

fiscal cost, remote location, nonconforming lot configuration, and/or

deficiencies in security and court operations.

Impacts/Mitigation Measures

The proposed construction of the FB-CT at the site of the Proposed

Action would result in several significant environmental impacts. These

significant adverse impacts will be reduced through incorporation of

the following proposed mitigation measures.

Geology and Landforms. Project construction at the site of the

Proposed Action would have the potential to cause short-term soil

instability erosion. Potential long-term geologic impacts include the

potential for subsidence and soil expansion.

Mitigation Measures: These impacts would be mitigated through

implementation of a stormwater pollution prevention plan, as well as

compliance with the requirements of the City of Phoenix Grading and

Drainage Ordinance and a site-specific geotechnical investigation to be

conducted prior to construction.

Surface Hydrology. Offside movement of disturbed soils during

construction at the site may result in short-term deposition in area

storms drains. No long-term impacts to area drainage are anticipated.

Mitigation Measures: Construction-related impacts would be

mitigated by development of a stormwater pollution prevention plan.

Vegetation and Wildlife. The Mexican free-tailed bat, a Department

of Forestry special status species, has been documented in the vicinity

of the Proposed Action. However, project implementation is not

anticipated to significantly affect this species. No other rare,

threatened, or endangered species occur in the area.

Mitigation Measures: None required.

Air Quality. Short-term emissions associated with construction

activities would not exceed Clean Air Act thresholds and would be less

than significant. Long-term emissions of volatile organic compounds

(VOC) and carbon monoxide (CO) associated with vehicle trips and onsite

energy consumption would not exceed the 100 tons per year significance

thresholds and are, therefore, considered less than significant.

Project vehicle trips would, however, result in exceedances of the 8-

hour Federal CO standard at several project analyzed intersections.

Exceedances are predicted to occur immediately adjacent to congested

intersections, even if the project is not implemented. These

exceedances appear inconsistent with the Maricopa Association of

Governments (MAG) Carbon Monoxide Plan (MAG 1993, 1994), which predicts

regional attainment of the standard by 1995. However, the focus of

project-level analysis is purposely different from regional attainment

analysis. Project-level analysis is designed to detect local impacts

associated with increasing traffic volumes, changing traffic

distribution pattern and reducing distances of receptors to congested

intersections. The focus of regional attainment analysis is to identify

areas in violation of the standard, determine the effect of control

strategies and to determine population exposure. However, both analyses

utilize the intersection model CAL3QHC.

A guidance document developed by the U.S. Environmental Protection

Agency titled ``Guideline for Modeling Carbon Monoxide from Roadway

Intersections'' (1992) provides distinctly different guidance for the

two types of analysis. The primary differences in this guidance are the

use of receptors immediately adjacent to congested intersections and

worst-case meteorological default values for project-level analysis.

Regional attainment analysis is required to use existing air quality

monitoring stations as receptors since attainment is based upon

concentrations measured at these stations. Regional attainment analysis

is also required to use actual meteorological data and background CO

concentrations obtained from regional modeling (i.e.: Urban Airshed

Model). Regional modeling is complex, involving dividing the non-

attainment area into grid squares and estimating emissions, meteorology

and resulting CO concentrations in each grid square. Since regional

modeling is not conducted for project-level analysis, this data is not

available as input to the intersection modeling.

Because regional attainment analysis uses actual meteorology and

background CO concentrations for the grid square in which the

intersection is located, regional attainment analysis is expected to

more realistically represent future conditions. Project-level analysis

is expected to produce higher CO concentrations because receptors are

much closer to the intersection, and worst-case meteorology and

background CO concentrations are used in the analysis. Worst-case

meteorology includes using a wind direction that blows emissions

directly by at each receptor.

Modeling conducted for the proposed project should be considered as

a screening method to identify problem intersections and not refuting

the attainment demonstration of MAG's CO Plan. Over-prediction of

exceedances provides a margin of safety such that all potential impacts

are identified and mitigated.

Mitigation Measures: Although short-term air quality impacts are

considered less than significant, the following mitigation measures

will be implemented by GSA to further reduce impacts.

A construction traffic management plan will be developed

to:

--Restrict construction activities that significantly affect traffic

flow to off-peak hours (7 p.m. to 6 a.m. and 10 a.m. to 3 p.m.).

--Route construction trips to avoid congested streets.

--Provide dedicated turn lanes for movement of construction equipment

onsite and offsite.

Electrical power for construction activities will be

obtained from power poles instead of electrical generators (when

feasible).

Methanol of natural gas will be used for mobile

construction equipment instead of diesel (when feasible).

Active portions of the project site will be watered as

needed to prevent excessive fugitive dust.

Non-toxic soil stabilizers will be applied to graded areas

inactive for 10 days or more.

Excavation and grading will be suspended when the wind

speed (as instantaneous gusts) exceeds 25 miles per hour.

Trucks transporting earth material offsite will be covered

or maintain at least 2 feet of freeboard.-

[[Page 42254]]

Paved streets adjacent to the construction site will be

swept as needed to remove dust and silt that may have accumulated as a

result of construction activities.

All construction requiring heavy equipment will be

curtailed during ozone alerts (e.g. hourly ozone concentrations which

exceed 0.20 ppm).

GSA will insure that the following measures are implemented to

reduce long-term air quality impacts associated with the FB-CT project:

GSA will develop a transportation management plan which

will include:

--Providing carpool matching services and preferential parking spaces

for carpool vehicles.

--Offering alternative work hours and alternative work weeks (i.e. 9

days/80 hours, 4 days/40 hours, etc.).

--Providing teleconferencing facilities.

Noise. Project implementation at the site of the Proposed Action

could result in short-term noise and vibration impacts from

construction activities. Long-term impacts associated with the Proposed

Action would be less than significant and would be further reduced

through implementation of appropriate design guidelines.

Mitigation Measures: Although the following mitigation measures

would reduce short-term noise impacts, it is anticipated that noise

levels would remain above significance threshold levels, and therefore,

significant and unavoidable. To reduce impacts from nonpile driver

construction noise, the GSA will implement the following:

Schedule operations to coincide with periods when people

would least likely be affected;

Muffle and shield construction equipment intakes and

exhausts;

Shroud or shield impact tools such as jackhammers and use

electric-powered rather than diesel-powered construction equipment as

feasible;

Utilize portable noise barriers within the area of

equipment areas and around stationary noise source such as compressors;

and

Locate stationary equipment in pit areas or excavated

areas as such siting would create noise barriers.

Natural or Depletable Resources. Project implementation would not

substantially impact available energy supplies or affect access to any

natural resources. Therefore, impacts to natural and depletable

resources would be less than significant.

Mitigation Measures: None required.

Public Health and Safety. The testing portion of a Phase II

Environmental Site Assessment has recently been completed and has

determined that contamination of both onsite soils and groundwater

exist at the site of the Proposed Action. Because of these findings,

some level of environmental remediation will be required; however,

implementation of these recommendations mitigate any impacts. Long-term

operation of the new FB-CT is not expected to contribute to any ground

water contamination problems in the area.-

Mitigation Measures: GSA will adhere to and implement the

recommendations of the Phase II Environmental Site Assessment.

Land Use, Socioeconomics and Visual Resources. The height of the

proposed federal courthouse may be greater than that allowed by City of

Phoenix land use policy. Such impacts would be reduced through

compliance with City of Phoenix design policies and incorporation of

site amenities. Project implementation would have the beneficial

effects of generating short-term construction jobs and retaining

federal employment opportunities in the downtown area. No significant

adverse impacts to the local housing or real estate markets are

anticipated with implementation of the Proposed Action.

Mitigation Measures: None required.

Cultural Resources. The Proposed Action would not result in any

impacts to standing historic structures, as no such resources would be

destroyed, damaged, altered, or impacted in any way. Two prehistoric

Hohokam sites, Pueblo Patricia and La Villa, have been recorded near

the site of the Proposed Action. The Pueblo Patricia site is

approximately four blocks from the proposed site, while the La Villa

Site is less than two blocks from the site. In addition, the proposed

project site was part of the Original Townsite of Phoenix.

Consequently, there is a high probability that prehistoric and historic

cultural resources are present onsite, including the possibility of

human remains. GSA will consult with the Arizona State Historic

Preservation Office, City of Phoenix, and Advisory Council on Historic

Preservation to develop a Memorandum of Agreement which will outline

procedures to be adhered to as GSA pursues a data recovery program to

mitigate potential impacts.

Mitigation Measures: GSA will work with the Arizona State Historic

Preservation Office, City of Phoenix, Advisory Council on Historic

Preservation, and affected Native American organizations to insure that

any prehistoric and/or historic cultural resources identified onsite

are recovered and stored in accordance with the National Historic

Preservation Act and the Native American Graves Protection and

Repatriation Act.

Public Utilities

Gas and Electric. Short-term service interruption impacts

associated with extension of electric and natural gas systems could

occur, but are considered insignificant due to their temporary nature.

The local electricity and natural gas distribution networks can serve

the proposed FB-CT. Project design would be in accordance with

applicable energy conservation codes. Thus, electricity and natural gas

service impacts are considered less than significant.

Mitigation Measures: None required.

Solid Waste. Short- and long-term impacts to solid waste collection

and disposal service would be less than significant and would be

further reduced through implementation of the recommended waste

reduction measures.

Mitigation Measures: None required.

Water and Sewer. Short-term interruptions to water or sewer

service, if any, are anticipated to be less than significant. Water

demand and wastewater flow created by project operation would not

significantly affect local water supply or water/wastewater systems.

Water and wastewater impacts are, therefore, considered less than

significant.

Mitigation Measures: None required.

Microwave Communication

Microwave communication services could be affected within the

downtown area due to the construction of the Proposed Action. Both the

County of Maricopa and KSAZ-TV have expressed concern regarding the

proposed project's impact to the integrity of their microwave signals.

Impacts would, however, be reduced to a less than significant level

through relocation of the microwave path. GSA has been informed by

KSAZ-TV that they intend to construct a new 150-foot tall tower so that

its microwave signal will not be compromised by the construction of

mid-rise buildings in the Governmental Mall area.

Mitigation Measures: None required.

Public Services. Project implementation would not be expected to

generate a significant increase in police service calls or affect

Phoenix Police Department response times. Although building height

might complicate fire protection services, the Phoenix Fire Department

is equipped to serve high rise structures. Project implementation would

not substantially affect emergency response times and building design

is expected to comply with applicable building and fire codes.

[[Page 42255]]

Public service impacts are, therefore, considered less than

significant.

Mitigation Measures: None required.

Transportation and Parking. In the EIS, traffic growth was

estimated using a two percent annual growth rate. This growth rate was

applied to the existing traffic counts to estimate future background

traffic conditions. In addition, eight projects in the Downtown area

were identified by City of Phoenix staff and included in the evaluation

of cumulative traffic growth. These projects include: Arizona Museum of

Science and Technology, Phoenix Museum of History, Heritage and Science

Parking Garage, Downtown Phoenix Transit Center, Maricopa County Office

Complex, City of Phoenix Office Development, the Baseball Stadium, and

the Parking Facility located between 6th and 7th Avenues and between

Washington and Jefferson Streets.

The sum of existing traffic volumes, growth in existing traffic

volumes due to general background development occurring in the area by

the year 2000 (for one scenario) and year 2010 (for a second scenario),

and incremental traffic increases related to the eight specific

development projects identified in the study area represents projected

year 2000 and year 2010 traffic conditions without the proposed

courthouse project. The year 2000 and year 2010 analyses presented in

the EIS assumes recommended mitigation measures are incorporated. No

assumptions have been made regarding responsibility for implementation

of the recommended mitigation measures. The LOS levels contained in the

EIS represent operating conditions in year 2000 and year 2010 with

necessary improvements in place.

Because project implementation would affect the closure of both 5th

and 6th Avenues between Washington and Jefferson Streets, the project

would generate a substantial increase in afternoon peak hour traffic at

the intersections of 3rd/Jefferson and 3rd/Washington, resulting in an

unacceptable level of service for the 3rd/Jefferson intersection and

therefore an unavoidable significant impact.

Existing signal cycle lengths are fixed at 60 seconds for the

inter-connected signal system along Jefferson and Washington. The

setting of signal cycle lengths are influenced by a number of factors.

The magnitude and distribution of peak period traffic flows at the

individual intersection approaches and the signal phases required to

accommodate the various traffic movements contribute to the

determination of the optimum cycle length which results in the lowest

average delay for vehicles being served by the intersection. In the

case of the individual intersection of Jefferson Street and Third

Avenue, GSA believes that the optimum signal cycle length in the future

analysis years would be within the range of 95 to 100 seconds.

The result of not being able to use the signal cycle time in an

efficient manner at the Jefferson/Third Avenue intersection is an

afternoon peak hour Level of Service ``F'' for both the 2000 and 2010

forecast years with the Proposed Action project scenario. Future

service levels for the Washington/Third Avenue intersection were found

to be ``C'' or better. The analysis assumes that GSA will provide a

double left turn at the eastbound Jefferson Street approach to Third

Avenue and at the northbound Third Avenue approach to Washington

Street. Mitigation opportunities provided within the EIS would not be

not sufficient to improve the future traffic service level to ``D'' or

better with the Proposed Action scenario (the City of Phoenix considers

LOS D the limit of tolerable traffic congestion during peak traffic

periods).

Mitigation Measures: Short-term impacts in the project area (during

construction) would be reduced through implementation of the following

mitigation measures:

Heavy construction equipment such as bulldozers and large

loaders would be moved onsite prior to construction and realignment

activities and remain until the equipment is no longer needed;

Some minor disruption of traffic flows would occur at this

time; however, the short duration of activity would minimize impacts;

Movement of construction vehicles and equipment onto and

off of the site would be scheduled in a manner that would avoid the

peak traffic periods on the adjacent street network;

Construction employees traveling to and from the site on a

daily basis will be scheduled to occur prior to the morning and evening

traffic peak.

Long-term impacts would be reduced through implementation of the

following mitigation measures:

GSA will develop a transportation management plan which

would reduce impacts to the local circulation system by reducing the

number of new motor vehicle trips generated by the project.

GSA will work with the City to provide a double left turn

at the eastbound Jefferson Street approach to Third Avenue and at the

northbound Third Avenue approach to Washington Street.

As stated previously, however, the above mitigation measures will

not be sufficient to improve the 3rd/Jefferson intersection to an

acceptable Level of Service.

Significant Unavoidable Impacts

The following impacts associated with the Proposed Action are

considered significant and unavoidable:

Development of the project would result in an increase in

long-term pollutant emissions within the project area, thus

exacerbating the existing inability of the air basin to attain the

national standards for ozone, carbon monoxide, and PM-10.

Construction activities would result in short-term noise

increases in excess of acceptable levels.

The project will result in an afternoon peak hour Level of

Service F at the Jefferson/Third Avenue intersection.

The General Services Administration believes that there are no

additional outstanding issues to be resolved with respect to the

proposed project. Additional information regarding the new Federal

Building--United States Courthouse--may be directed to Mr. Alan

Campbell, Portfolio Management Division (9PT), U.S. General Services

Administration, 450 Golden Gate Avenue, San Francisco, CA 94102, (415)

522-3491.

Dated: August 6, 1996.

Kenn N. Kojima,

Regional Administrator (9A).

[FR Doc. 96-20667 Filed 8-13-96; 8:45 am]

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