ReviewerName: Letha Dawson Applicant: TheMagnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EJE0263 Greenhouse Building Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project Name/Number: Greenhouse Building / PW 11912 Project Location: 100 Central Ave, Jefferson, Louisiana, Jefferson Parish (N29.9535, W-90.16765) Project Description: Projectactivitiesinvolvereplacingthe greenhouse, using cost workspreconstructed structures (60' x 24'). Current codes and standards will apply to new construction. Documentation Requirements I I No Documentation Required (Review Concluded) I I (Short version) All consultation and agreements implemented to comply with the National Historic Preservation Act, Endangered Species Act, and Executive Orders 11988,11990 and 12898 are completed and no other laws apply. (Review Concluded) E\l (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC. National Environmental Policy Act (NEPA) Determination I I Statutorily excluded from NEPA review. (Review Concluded) I I Programmatic Categorical Exclusion -Category (Review Concluded) I I Categorical Exclusion -Category I I No Extraordinary Circumstances exist. Are project conditions required? Q Yes (see section V) Q No (Review Concluded) I I Extraordinary Circumstances exist (See Section IV). I I Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? Q Yes (see section V) Q No (Review Concluded) I I Environmental Assessment I I Supplemental Environmental Assessment (Reference EA orPEA incomments) 1X1 Environmental Impact Statement Comments: Although this project would have qualified as a CATEX (XV) under 44 CFR Part 10.8 (D)(2), this project meets the definition of critical infrastructure (Permanent Schools) under the Alternative Arrangements for NEPA Compliance. This project has conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws which are listed under the NEPA Level of Environmental Review in the Project Worksheet. Any changes to this approved scope ofwork will require submission to, and evaluation and approval by, the State and FEMA prior to initiation ofany work, for compliance with the National Environmental Policy Act. The applicant is required to obtain and comply with all local, state and federal permits and requirements. Non-compliance with the requirements noted above may jeopardize the receipt of federal funding. Record of Environmental Consideration 09/14/06 Reviewer Name: Letha Dawson Applicant:TheMagnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EJE0263 Greenhouse Building Reviewer and Approvals l~l Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist Signature ^jyihnl\JcCUJ^O^^ Date 09/14/2006 c^fifajQ- FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signaturef&>&—^r~P— A^ f . Date 09/14/2006 I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act • Nottype of activity with potential to affect historic properties. (Review Concluded) E<] Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. ^ ActivitymeetsProgrammaticAllowance#AppendixA,SectionI,A. Are project conditions required? £3 Yes (see section V) • No(Review Concluded) HISTORIC BUILDINGS AND STRUCTURES £3 No historic properties that are listed or45/50 years orolder inproject area. (Review Concluded) l~l Buildingorstructure listedor45/50 years orolderinprojectarea and activitynotexempt from review. O Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence onfile) Are project conditions required? \Z\ Yes (see section V) fj No (ReviewConcluded) 0 DeterminationofHistoricPropertiesAffected(FEMAfinding/SHPO/THPOconcurrenceonfile) D Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments l~1 NoAdverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile). Are project conditions required? O Yes (see section V) Q No (Review Concluded) Q Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile) [~1 ResolutionofAdverseEffectcompleted.(MOAonfile) Are project conditions required Q Yes (see section V) CD No (Review Concluded) ARCHEOLOGICAL RESOURCES [><3 Project affects only previously disturbed ground. (Review Concluded) O Project affects undisturbed ground. 1 IProjectareahasnopotentialforpresenceofarcheologicalresources O Determinationofnohistoricpropertiesaffected(FEMAfinding/SHPO/THPOconcurrenceor consultation on file). (Review Concluded) l~l Project area has potential for presence ofarcheological resources l~l Determinationofno historicpropertiesaffected(FEMAfinding/SHPO/THPOconcurrenceonfile) Areproject conditions required Q Yes (see section V) Q No (Review Concluded) l~l Determination of historic properties affected O NReligible resources notpresent (FEMA finding/SHPO/THPO concurrence onfile). Areproject conditions required OYes (seesection V) O No (ReviewConcluded) l~l NReligible resources present inproject area. (FEMA finding/ SHPO/THPO concurrence on file) f~l NoAdverse Effect Determination. (FEMA finding/ SHPO/THPO concurrenceonfile) Are project conditions required? Q Yes (see section V) fj No(Review Concluded) [~1 Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence onfile) I I Resolution ofAdverse Effect completed. (MOA onfile) Record of Environmental Consideration 2 09/14/06 Reviewer Name: Letha Dawson Applicant: The Magnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EJE0263 Greenhouse Building Are project conditions required? d Yes (see section V) d No (Review Concluded) Comments: 9/13/2006-Thestructure(s)doesnotmeetthe50-year-criterion,nordoes itpossessthelevelofexceptional importancerequiredbyCriteriaConsiderationGoftheNationalRegisterguidelinesto beconsideredeligibleforthe National Register of Historic Places. Therefore, the proposed work will have no effect on standing historic properties. Scopeofwork indicatesgrounddisturbing activitiesassociatedwiththe removaland replacement ofthe freestanding greenhouse. Upon consultation of data provided by the State Historic Preservation Officer (SHPO), there are no known archaeological sites within .25 miles of the project area and all work will occur within a previously disturbed area. Therefore, the scope ofworkassubmitted meetsthe criteria outlined inthe Programmatic Agreement dated December3, 2004, Appendix A, Section I, A. In accordance with this document, FEMA is not required to submit projects to the SHPO forreviewwheretheworkperformedmeetstheseallowances. Ifduringthecourse ofwork,archaeologicalartifacts (prehistoric or historic) or human remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in turn contact FEMA Historic Preservation staff. The applicant will not proceed with work until FEMA Historic Preservation staff have completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 ET SEQ.) is required. The applicant shall notify the law enforcement agency of the jurisdiction where the remains are located within twenty-four hours of the discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division of Archeology at 225-342-8170) within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt of FEMA funding. -James Crouch, Historic Preservation Specialist and Katherine Zeringue, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: B. Endangered Species Act £3Nolistedspecies and/or designatedcritical habitat presentinareas affected directly orindirectlybythe Federal action. (Review Concluded) O Listedspeciesand/ordesignatedcriticalhabitatpresentintheareasaffecteddirectlyorindirectlybytheFederalaction. O Noeffecttospeciesordesignatedcriticalhabitat(Seecommentsforjustification) Are project conditions required? O Yes (see section V) O No(Review Concluded) I"!Mayaffect,butnotlikelytoadverselyaffectspeciesordesignatedcriticalhabitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? O Yes (see section V) CD No (Review Concluded) [~|Likelytoadverselyaffect speciesordesignatedcritical habitat Q Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? O YES (see section V) Q NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act £3 Projectisnotonor connectedtoCBRA UnitorOtherwise Protected Area (Review Concluded). O Projectisonor connectedtoCBRAUnitorOtherwiseProtectedArea.(FEMAdetermination/USFWSconsultationon file) l~lProposed action anexception under Section 3505.a.6? (ReviewConcluded) O Proposed action notexcepted under Section 3505.a.6. Are project conditions required? ED YES (see section V) O NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act £3 Project would notaffect any waters oftheU.S. (Review Concluded) [~~l Projectwouldaffectwaters, includingwetlands,oftheU.S. I~l Project exempted as in kind replacement or other exemption. (Review Concluded) l~1 Project requires Section 404/401/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. 09/14/06 Record of Environmental Consideration Reviewer Name: Letha Dawson Applicant: The Magnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EJE0263 Greenhouse Building Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: £. Coastal Zone Management Act • Project is not located in a coastal zone area and does not affect acoastal zone area (Review concluded) E3 Projectislocatedina coastalzoneareaand/oraffectsthecoastalzone ^ State administering agency does not require consistency review. (Review Concluded). CD State administering agency requires consistency review. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: This project islocated within theLouisianaCoastal Management Zone. LADNRhasdeterminedthat receiptoffederal assistance isconsistent with the LouisianaCoastal Resource Program. Projects within the Coastal ZonemaystillrequireaCoastalUsePermitorotherauthorizationfromDNR. Projectsmaybecoordinatedby contacting LA DNR at 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act ^ Project does not affect, control, ormodify awaterway/body ofwater. (Review Concluded) CD Project affects, controls ormodifies awaterway/body ofwater. • Coordination withUSFWS conducted • No Recommendations offered by USFWS. (Review Concluded) • Recommendations provided by USFWS. Areproject conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: G. Clean Air Act E3 Project will not result inpermanent airemissions. (Review Concluded) • Project islocated inanattainment area. (Review Concluded) CD Projectislocatedina non-attainmentarea. f~| Coordination required with applicable state administering agency.. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: H. Farmland Protection Policy Act E3 Project does not affect designated prime orunique farmland. (Review Concluded) CD Project causes unnecessary orirreversible conversion ofdesignated prime orunique farmland. CD Coordination with Natural Resource Conservation Commission required. • Farmland Conversion Impact Rating, Form AD-1006, completed. Areproject conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act CD Project not located within a flyway zone. (Review Concluded) [Xj Project located within a flyway zone. E3 Project does not have potential totake migratory birds. (Review Concluded) Are project conditions required? CD Yes (see section V) 0<] No(Review Concluded) Record of Environmental Consideration 4 09/14/06 Reviewer Name: Letha Dawson Applicant: The Magnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EJE0263 Greenhouse Building CD Project has potential totake migratory birds. • Contact made with USFWS Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 09/14/2005. Specifically, FEMA has determined that restoration projects funded with federal resources will nothave adverse impacts onmigratory birds orother fish andwildlife reserves. Thesedeterminations arebased onthe understanding thattheconditionsoutlined inthe Louisiana EndangeredSpeciesSummaryare met. Correspondence/Consultation/References: http://pacificflywav.gov/Documents/Mississippi mapjxrf. J. Magnuson-Stevens Fishery Conservation and Management Act ^ Project not located inor near Essential Fish Habitat. (Review Concluded) CD Project located inor near Essential Fish Habitat. CD Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? CD Yes (see section V) CD No(Review Concluded) • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) CD NOAA Fisheries provided norecommendation(s) (Review Concluded). Are project conditions required? CD Yes (see section V) CD No(Review Concluded) CD NOAA Fisheries provided recommendation(s) CD Written reply toNOAA Fisheries recommendations completed. Areproject conditions required? CD YES (seesection V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act ^ ProjectisnotalonganddoesnotaffectWildorScenicRiver(WSR)-(ReviewConcluded) CD Project isalong oraffects WSR • ProjectadverselyaffectsWSRasdeterminedbyNPS/USFS. FEMAcannotfundtheaction. (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) • Project does notadversely affect WSR. (NPS/USFS/USFWS/BLM consultation onfile) Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: L. Other Relevant Laws and Environmental Regulations II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains CD No Effect onFloodplains/Flood levels and project outside Floodplain -(Review Concluded) ^ Located inFloodplain orEffects onFloodplains/Flood levels ^ No adverse effect onfloodplain and not adversely affected by the floodplain. (Review Concluded). Areproject conditions required? CD Yes (seesection V) ^ No(Review Concluded) CD Beneficial Effect onFloodplain Occupancy/Values (Review Concluded). CD Possible adverse effects associated with investment in floodplain, occupancy ormodification offloodplain environment CD 8Step Process Complete-documentation onfile Areproject conditions required? CD YES (seesection V) CD NO (Review Concluded) Comments: 07/25/2006 -Jefferson Parish enrolled in the National Flood Insurance Program (NFIP) 10/01/1971. Per Flood Insurance Rate Map (FIRM) 22051C 0040E, dated 03/23/1995, project is located in zone "AE", special flood hazard area Record of Environmental Consideration 09/14/06 Reviewer Name: Letha Dawson Applicant: The Magnolia School,Inc Disaster/Emergency/Program/Project Title: DRI603LA / Hurricane Katrina/Public Assistance Program/ EJE0263 Greenhouse Building inundatedby100-year flood;basefloodelevations determined. Projectisforreplacementofa greenhousetopre-disaster footprint,whichisnotlikelytoaffectthefloodplain. DanaMehlman,Env.Spec. Correspondence/consultation/references: B. E.0.11990-Wetlands E3 No Effects onWetland(s) and project located outside Wetland(s) -(Review Concluded) CD Located inWetland oreffects Wetland(s) CD Beneficial Effect on Wetland -(Review Concluded) CD Possible adverse effect associated with constructing inornear wetland CD Review completed aspart offloodplain review CD 8 Step Process Complete -documentation onfile Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.0.12898 -Environmental Justice For Low Income and Minority Populations t>3 NoLowincomeorminoritypopulation in, nearoraffectedbytheproject-(ReviewConcluded) l~1 Lowincomeorminoritypopulationinornearprojectarea CD Nodisproportionately high and adverse impact onlow income orminority population-(Review Concluded) CD Disproportionately high oradverse effectsonlow incomeorminority population Are project conditions required? CD YES (see section V) CD NO (Review Concluded) Comments: None Correspondence/Consultation/References: III. Other Environmental Issues Identify other potential environmental concerns in the comment box not clearly falling under a law or executive order (see environmental concerns scoping checklist for guidance). Comments: None Correspondence/Consultation/References: IV. Extraordinary Circumstances Based on the review ofcompliance with other environmental laws and Executive Orders, and in consideration ofother environmental factors, review the project for extraordinary circumstances. • A "Yes" under any circumstance may require an Environmental Assessment (EA) with the exception of (ii) whichshouldbeappliedinconjunctionwithcontroversyonanenvironmentalissue. Ifthecircumstancecan be mitigated, please explain in comments. If no, leave blank. Yes CD (0 Greater scope or size than normally experienced for a particular category of action CD (ii)Actionswithahighlevelofpubliccontroversy CD (iii)Potentialfordegradation,eventhoughslight,ofalreadyexistingpoorenvironmental conditions; CD (iv)Employmentofunproventechnologywithpotentialadverseeffectsoractionsinvolving unique or unknown environmental risks; CD (v) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; CD (vi) PresenceofhazardousortoxicsubstancesatlevelswhichexceedFederal,stateor local regulations or standards requiring action or attention; Record of Environmental Consideration 6 09/14/06 ReviewerName: Letha Dawson Applicant:TheMagnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EIE0263 Greenhouse Building CD (vii) Actions with the potential to affect special status areas adversely orother critical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principal drinking water aquifers; CD (viii) Potential for adverse effects on health orsafety; and CD (ix) Potential to violate a federal, state, local ortribal law orrequirement imposed for the protection of the environment. CD (x) Potential for significant cumulative impact when the proposed action iscombined with otherpast,presentandreasonablyforeseeable futureactions,eventhoughthe impactsofthe proposed action may not be significant by themselves. Comments: None V. Environmental Review Project Conditions General comments: None Project Conditions: 1. If during the course of work, archaeological artifacts (prehistoric or historic) or human remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in turn contact FEMA Historic Preservation staff. The applicant will not proceed with work until FEMA Historic Preservation staff have completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 ET SEQ.) is required. The applicant shall notify the law enforcement agency of the jurisdiction where the remains are located within twenty-four hours of the discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division of Archeology at 225-342-8170) within seventy-two hours of the discovery. Failure to comply with these stipulations may jeopardize receipt of FEMA funding. 2. Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation ofthe project applicant shall handle, manage, and dispose ofpetroleum products, hazardous materials and/or toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 3. Removal and disposal of debris containing household hazardous waste and certain categories of liquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC Title 33 Part VII requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, CFC's (refrigerants), radioactive waste or regulated infectious wastes must be segregated from and excluded from non-hazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up or restoration/repair of sites damaged as a result of such operations are ineligible for federal funding. Previously obligated funding is subject to de-obligation if a determination of ineligibility is made. Applicants managing debris staging, processing, burning or disposal sites (other than previously permitted landfills) that have been permitted by Louisiana Department of Environmental Quality must also complete an Emergency Debris Management Site Certification (Self Certification) regarding compliance with all applicable substantive laws and executive orders. Record of Environmental Consideration 7 09/14/06 Reviewer Name: Letha Dawson Applicant: The Magnolia School, Inc Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program/ EJE0263 Greenhouse Building 4. In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana Parishes of Calcasieu, Cameron, Jefferson Davis, Orleans, Jefferson, Plaquemines, St. Bernard, St. Charles, St. John the Baptist, St. Tammany, Tangipahoa and Washington are under quarantine. The movement of wood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood salvaged from a structure) may not leave the quarantined parishes without written authorization from the commissioner of the Louisiana Department of Agriculture and Forestry or his Designee(s). 5. Regardless of the asbestos content, the applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality (LDEQ) in accordance with the LDEQ "Seventh Amended Declaration of Emergency and Administrative Order" dated August 28, 2006 or latest amended declaration, incorporating the provisions of EPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.UI.5151 and Chapter 27. Should Asbestos Containing Materials (ACMS) bepresentattheprojectsite,theapplicantisalsoresponsible for ensuringproperdisposalinaccordancewiththepreviouslyreferencedadministrative order. 6. Activities involving abrading (sanding, scraping, etc.), heating, stripping, or otherwise concentrating Lead Based Paint (LBP) shall comply with applicable provisions of 29 CFR Parts 1910 and 1926 (OSHA -Worker Safety), and 40 CFR 260 through 268 (EPA -Hazardous Waste). The applicant is responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality for abatement activities and is also responsible for ensuring proper disposal in accordance with the previously referenced regulations. 7. Thisprojectpotentiallyinvolvesthedisposalofmetallicmercurycontainingelectronic devices. The applicant is responsible for ensuring that these devices are recovered, recycled, reused or sequestered in accordance with the Louisiana Department of Environmental Quality (LDEQ) "Declaration of Emergency; Mercury-Containing Devices and Electronic Equipment as Universal Waste" letter dated October 3, 2005. 8. The scope of work to replace a structure to pre-disaster condition with upgrades and improvements, in order to meet current codes and standards, is not expected to change the original footprint. In the event these upgrades and improvements result in a change to the overall footprint, a subsequent change to this scope of work will be required. Any change to the project scope of work will require re-submission through the state to FEMA and consequently requires re-evaluation for compliance with National Environmental Policies. Non-compliance with this requirement may jeopardize receipt of federal funds. Monitoring Requirements: None Record of Environmental Consideration 8 09/14/06