Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA April 2007 See 44 Code of Federal Regulation Part 10 Project NamelNumber: Lockett Elementary School Building A I PW 12435-2 FIPS#: 033-UA9M2-00 Applicant Name: Recovery School District Project Location: 3420 Law Street, New Orleans, Louisiana 70117, Orleans Parish Latitude: 29.99918, Longitude: -90.03738 Project Description: Hurricane Katrina caused catastrophic damage on August 29, 2005 to Lockett Elementary School. This project is one among a total of22 contributing (donor) facilities approved by FEMA for replacement. The Recovery School District chooses to use eligible funds for this replacement project (less demolition costs) towards the renovation of another existing RSD school. This project scope of work includes only the demolition and disposal of Lockett Elementary School. National Environmental Policy Act (NEP A) Determination D Statutorily excluded from NEPA review (Review Concluded) D Programmatic Categorical Exclusion -Category (Review Concluded) D Categorical Exclusion -Category xii D No Extraordinary Circumstances exist. Are project conditions required? D Yes (see section V) D No (Review Concluded) D Extraordinary Circumstances exist (see Section IV). D Extraordinary Circumstances mitigated. (see Section IV comments) Are project conditions required? D Yes (see section V) D No (Review Concluded) 1:8:1 Alternative Arrangements 1:8:1 Public Involvement Plan on file (see comments below) Environmental Assessment Supplemental Environmental Assessment (Reference EA or PEA in comments) Environmental Impact Statement Comments: This project meets the criteria to utilize the Alternative Arrangements process within the National Environmental Policy Act (NEP A) approved by the Council on Environmental Quality, Department of Homeland Security, and FEMA on 3/23/06. Based on documentation provided by the applicant, FEMA has determined that the Recovery School District has conducted a satisfactory process of public involvement and outreach in its project development and is otherwise eligible for consideration under Alternative Arrangements for NEPA compliance. The Recovery School District is responsible for archiving public involvement materials. This material will be available at close-out for authentication and such documentation will be made available for the closeout reviewer. Project is Non-Compliant (see attached documentation justifying selection). Reviewer and Approvals FEMA Environmental Reviewer: Name: Brandon M. Clark, Environmental Specialist, FEMA LA TRO Signature _13...1,.:'=~-=-=-~=-......!fV\'----..:...!-._~_~~~__Date L\ ('dOl 09 FEMA Environmental Liaison Officer or Delegated Approving Official: Name: Cynthia Teter, De uty vironmental Liaison Officer, FEMA LA TRO ~r U Signature Date "+-d:0 -0 4. I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act (NHPA) D Not type of activity with potential to affect historic structures or archaeological resources (Review Concluded) [8J Activity meets Programmatic Agreement, December 3, 2004. Appendix A: Section I, A-J Are project conditions required? [8J Yes (see Section V) D No [8J Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see below). D Other Programmatic Agreement dated applies HISTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) [8J Building or structure listed or 45/50 years or older in project area and activity not exempt from review. [8J Determination ofNo Historic Properties Affected (FEMA findinglSHPOITHPO concurrence on file) Are project conditions required? [8J Yes (see Section V) D No (Review Concluded) D Determination of Historic Properties Affected (FEMA findinglSHPOITHPO concurrence on file) Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments No Adverse Effect Determination (FEMA findinglSHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) No (Review Concluded) D Adverse Effect Determination (FEMA findinglSHPOITHPO concurrence on file) D Resolution ofAdverse Effect completed (MOA on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) ARCHEOLOGICAL RESOURCES D Project scope of work has no potential to affect archeological resources (Review Concluded) [8J Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with a historic structure D Project area has no potential for presence of archeological resources Determination of no historic properties affected (FEMA findinglSHPOITHPO concurrence on file) (Review Concluded) D Project area has potential for presence of archeological resources D Determination of no historic properties affected (FEMA findinglSHPOITHPO concurrence on file) Are project conditions required D Yes (see Section V) No (Review Concluded) D Determination of historic properties affected D NR eligible resources not present (FEMA findinglSHPOITHPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) D NR eligible resources present in project area (FEMA findinglSHPOITHPO concurrence on file) D No Adverse Effect Determination (FEMA findingl SHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA finding/SHPOITHPO concurrence on file) D Resolution of Adverse Effect completed (MOA on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) Comments: A review of version # 2 of this project was conducted in accordance FEMA's Programmatic Agreement dated December 3, 2004. FEMA has determined that No Historic Properties are affected by the proposed undertaking. See attached correspondence, dated June 29, 2006, December 3, 2007, and March 14,2008 and SHPO responses dated July 10, 2006, December 17,2009. The applicant must comply with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 et seq.) and the Inadvertent Discovery Clause, which can be found under the Environmental Review NHP A conditions. Correspondence/Consultation/References: Amber Martinez, HP Specialist B. Endangered Species Act ~No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) o Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. o No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o May affect, but not likely to adversely affect species or designated critical habitat (FEMA determinationlUSFWSINMFS concurrence on file) (Review Concluded) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o Likely to adversely affect species or designated critical habitat o Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? YES (see Section V) 0 NO (Review Concluded) Comments: Project is located in an urban or previously developed area. Neither listed species nor their habitat occur in or near this site, thus FEMA finds there will be no effect to threatened or endangered species. CorrespondenceiConsultation/References: USFWS emergency consultation provisions determined in letters dated September IS, 200S for Katrina. C. Coastal Barrier Resources Act ~Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). o Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determination/USFWS consultation on file) o Proposed action an exception under Section 3S0S.a.6 (Review Concluded) o Proposed action not excepted under Section 3S0S.a.6. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced April 20, 2009 D. Clean Water Act ~Project would not affect any waters ofthe U.S. (Review Concluded) o Project would affect waters, including wetlands, ofthe U.S. o Project exempted as in kind replacement or other exemption. (Review Concluded) o Project requires Section 404/401 of Clean Water Act or Section 911 0 of Rivers and Harbors Act penn it, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) o Project would affect waters of the U.S. by discharging to a surface water body. Comments: No jurisdictional waters of the U.S., including wetlands, occur in or near the project area. Correspondence/Consultation/References_' USFWS National Wetlands Inventory map (http://www.fws.gov/nwi/) queried on April 20, 2009 E. Coastal Zone Management Act o Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) ~Project is located in a coastal zone area and/or affects the coastal zone [8J State administering agency does not require consistency review. (Review Concluded). o State administering agency requires consistency review. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: This project is located within the Louisiana Coastal Management Zone. Projects within the coastal zone may require a coastal use permit or other authorization from LADNR. Projects may be coordinated by contacting LA DNR at 122S- 342-9232. Correspondence/Consultation/References: Louisiana Coastal Zone maps queried April 20, 2009 F. Fish and Wildlife Coordination Act ~Project does not affect, control, or modify a waterway/body of water. (Review Concluded) Record of Environmental Consideration (Version April 2007) Project affects, controls, or modifies a waterwaylbody of water. o Coordination with USFWS conducted o No Recommendations offered by USFWS. (Review Concluded) o Recommendations provided by USFWS. Are project conditions required? 0 YES (see Section V) NO (Review Concluded) Comments: Project scope does not include impoundment, diversion, control, or other modification of waters of any stream or body of water. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) queried April 20, 2009 G. Clean Air Act o Project will not result in permanent air emissions. (Review Concluded) [8J Project is located in an attainment area. (Review Concluded) o Project is located in a non-attainment area. o Coordination required with applicable state administering agency. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: The proposed project includes activities that would produce a minor, temporary, and localized impact on air quality from vehicle emissions and fugitive dust particles. No long-term air quality impact is anticipated. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map H. Farmland Protection Policy Act [8J Project will not affect undisturbed ground. (Review Concluded) o Project has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) o Project does not affect designated prime or unique farmland. (Review Concluded) o Project causes unnecessary or irreversible conversion of designated prime or unique farmland. o Coordination with Natural Resources Conservation Service required. o Farmland Conversion Impact Rating, Form AD-I 006, completed. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: The site is located within an existing urban and developed area and FPPA is precluded. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (httn://websoilsurvev.nrcs.usda.gov/ann/) referenced April 20, 2009 I. Migratory Bird Treaty Act o Project not located within a flyway zone (Review Concluded) [8J Project located within a flyway zone. [8J Project does not have potential to take migratory birds (Review Concluded) Are project conditions required? 0 Yes (see section V) [8J No