Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA See 44 Code of Federal Regulation Part 10 Project NamelNumber: Sherwood Forest Elementary School-Pre-K Bldg B-PW 13074V3 Applicant Name: Recovery School District Project Location: 4801 Maid Marion Street New Orleans, Louisiana 70128 Latitude: 30.02479 Longitude: -89.95495 Project Description: Hurricane Katrina caused catastrophic damage on August 29,2005 to Sherwood Forest 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 Sherwood Forest Elementary School. National Environmental Policy Act (NEPA) Determination D Statutorily excluded from NEPA review (Review Concluded) o Pr9grahlri1atic Categorical Exclusion o Categ~ribll Exclusion -Category D No Extraordinary Circumstances exist. ...' Are project conditions required? D Yes (see section V) D No (R~vi~w Concluded) D Ex.traordinary Circumstances exist (see Section IV). : ~ D--Extraordinary Circumstances mitigated. (see Section IV comment~) .. :: ; "·\:Are project conditions required? D Yes (see section V) D Ncf(:tt~vi~w Concluded) D Environmental Assessment D Supplemental Environmental Assessment (Reference EA or PEA in comments) D Environmental Impact Statement C8J Scope of work requires public involvement plan Comments: This project meets the criteria to utilize the Alternative Arrangements process within the National Environmental Policy Act (NEPA) 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 responsibl'efohltrchiving public involvement materials. This material will be available at close-out for authentication and such documentation will be made available for the closeout reviewer. o Projectis Non-Compliant (see attached documentation justifying selection)": ;, I, Reviewer arid Approvals '." i !~:, I FEMA Environmental Reviewer: "/ / Signature -+-t---c,..I~f-M=-If--+--~~--Date ---L~-+/23/?_~6~7--,· FEMA Environmental Liais fficer or Delegated Approving Official: Name: Cynthia eeter, Deputy Environmental Liaison Officer, FEMA LA TRO Sign= Date y I'~r)I0 9 " ~ '. '" II.' Record ofEnvironmental Consideration (Version April 2007) )' I. \ Co:mpliance Review for Environmental Laws (oth'er thanNEPA) A. National Historic Preservation Act (NHP A) D Not type of activity with potential to affect historic structures or archaeological resources (Review Concluded) D Activity meets Programmatic Agreement, December 3,2004. Appendix A: Allowance No. Are project conditions required? D Yes (see Section V) D No I:8J Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see comments). 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) I:8J Building or structure listed or 45/50 years or older in project area and activity not exempt from review. 1Zl Determination of No Historic Properties Affected (FEMA findingiSHPOITHPO concurrence on file) , Are project conditions required? I:8J Yes (see Section V) D No (Review Concluded) DD~t~rmination of Historic Properties Affected (FEMA findingiSHPOITHPO concurrence on file) D Property a National Historic Landmark and National Park Service was provided early notification ,;1 during the consultation process. Ifnot, explain in comments i ~',t l'" ,. D No Adverse Effect Determination (FEMA findingiSHPOITHPO ,corlCu'ttence on file). Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPOITHPO 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) ARCHEOLOGICAL RESOURCES D Project scope of work has no potential to affect archeological resources (Review Concluded) I:8J Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with a historic structure :: D Pf9j~ct area has no potential for presence of archeological resources i,l: ' ,D Determination of no historic properties affected (FEMA findingiSlif;Q/THPO concurrence on file) i • (Review Concluded) ';:1 i~-! J oProject area has potential for presence of archeological resources 'i' " ,'C D Determination of no historic properties affected (FEMA findinglSHPQ/THPO concurrence on file) , Are project conditions required D Yes (see Section V) D No (Review Concluded) D Determination of historic properties affected , '" :;, ,':' \ i, D NR eligible resources not present (FEMA findingiSHPOITHPQconcurrenceon file) Are project conditions required D Yes (see Section V)':O}No (Review Concluded) D NR eligible resources present in project area (FEMA findingiSHPOITHPO 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 findingiSHPOITHPO 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 #3 of this project was conducted in accordance FEMA's Programmatic Agreement dated December 3,:2P04. FEMA has determined that No Historic Properties are affected by the demolition of Sherwood Forest Elementary. SHPO concurrence with this determination was received, dated 08/12/2008.)'qe review of the Alternate project associated with'this PW will be documented in PW 18597. The applicant must comply with,the Louisiana Unmarked Human ~urial Sites Preservation Act (R.S. 8:671 et seq.) and the Inadvertent Discovery Clause, which can be found under the Environmental Review NHPA conditions. Correspondence/Consultation/References: -Amber Martinez, Historic Preservation Specialist ,OJ !;;.I...• (; B. Endangered Species Act r: ' I:8J No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) D Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action, Record of Environmental Consideration (Version April 2007) ONo effect to species or designated critical habitat. (See comments for justification) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) , 0 May affect, but not likely to adversely affect species or designated critical habitat (FEMA detenhinationlUSFWSINMFS concurrence on file) (Review Concluded) 'Are project conditions required? 0 Yes (see Section V) 0 No (Review Coitciuded) oLikely to adversely affect species or designated critical habitat ; o Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? 0 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'.' , Correspondence/Consultation/References: USFWS emergency consultation provisions determined in letters dated September IS, 200S for Katrina. C. Coastal Barrier Resources Act [8] 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 determinationlUSFWS 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. 7 Ar~project conditions required? 0 YES (see Section V) 0 NO (Review'ChWcluded) .: ' " ,r, Ifi, Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System M~ps referenced 04123/09. D. Clean Water Act [8] Projett wouKl not affect any waters of the U,S. (Review Concluded) o Project would affect waters, including wetlands, of the U.S. o Project exempted as in kind replacement or other exemption. (Review Concluded) o Project requires Section 404/40 I of Clean Water Act or Section 911 0 of Rivers and Harbors Act permit, 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 the project area. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fWs.gov/nwil)queried on 04/2}/09. E. Coastal Zone Management Act ,.~~,: o Project is oot located in a coastal zone area and does not affect a coastal zone area (Review concluded) t8J Project is located in a coastal zone area andlor affects the coastal zone ' [8]. Sta~e administering agency does not require consistency review. (Review Concluded), o State administering agency requires consistency review. An: project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) , . {i':4' Comments: This project is located within the Louisiana Coastal Management Zone. LA DNR has determined that receipt of federal assistance is consistent with the Louisiana Coastal Resource Program. Projects within the coastal zone may still require a coastal use permit or other authorization from DNR. Projects may be coordinated by contacting LA DNR at \800- 276-40\9. Corres ondencelConsultation/Re erences: Louisiana Coastal Zone ma s ueried 04/23/09. F. Fish and Wildlife Coordination Act [8] Project does not affect, control, or modity a waterwaylbody ofwater. (Review Concluded) o Project affects, controls or modifies a waterwaylbody of water. o Coordination with USFWS conducted oNo Recommendations offered by USFWS. (Review Concluded) _, l Record of Environmental Consideration (Version April 2007) , " D Recommendations provided by USFWS. ' r '. Are project conditions required? D YES (see Section V) D NO'(R-~~iew Concluded) Comments: No streams or water bodies are located in or near the project area. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.govQ queried 04/23109. G. Clean Air Act [8J Project will not result in permanent air emissions. (Review Concluded) D Project is located in an attainment area. (Review Concluded) D Project is located in a non-attainment area. D Coordination required with applicable state administering agency. Are project conditions required? D YES (see section V) D NO (Review Concluded) C()mments: This project involves the renovation ofa public structure. The proposed projyct includes activities that would produce a minor, temporary, and localized impact on air quality from fugitive dust particles. No long-term air quality itppact is <;intici,Pated. . Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. . . H. Farmland Protection Policy Act'Ul~:~f [8J Project will not affect undisturbed ground. (Review Concluded) D Project has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) D Project does not affect designated prime or unique farmland. (Review Concluded) D Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. D Coordination with Natural Resources Conservation Service required. D Farmland Conversion Impact Rating, Form AD-I 006, completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: The project site is in a developed urbanized area and Farmland Protection Policy Act (FPPA) is precluded. No prime or uniqu~ farmland present. ; .,.. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (bttP:llwebsoilsurvev.nrcs.usda.!!ov/app/) referenced 04123/09 . . ,.' ,. ~. ( 11': Migrat9ry Bird Treaty Act DProject not:Iocated within a flyway zone (Review Concluded) [8J Project located within a flyway zone . .[8J froject does not have potential to take migratory birds (Review Concluded}, ~r:" \ Are project conditions required? D Yes (see section V) [8J No (Review Concluded) D Project has potential to take migratory birds. D Contact made with USFWS Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: The site is an existing disturbed area with little value to migratory birds and would not be included in the USFWS migratory bird management program. Correspondence/Consultation/References: USFWS guidance letter dated September 27, 2005. J. MagntJ.~on-Stevens Fishery Conservation and Managem~l,1tAct [8J Project notJocated in or near Essential Fish Habitat (Review Concluded) ,':''': 0:Project located in or near Essential Fish Habitat. .-D Project does not adversely affect Essential Fish Habitat (Review Concluded),"" . , Ny project conditions required? D Yes (see Section V) D No (Review Concluded) '0 Pi1?e~'bf debris and wastes, some of . • ] • ' f . . ' .... , F,.~ '! 'r' which may' De'. Hazardous. Therefore, all debris and waste must be treated, stored, and disp'Osea of in a proper manner and location. (See Section V) IT.' Cortlpliance Review for Executive Orders A. E.O. 11'988 -Floodplains . [gI No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Conclu'cled) D Located in Floodplain or Effects on FloodplainslFlood levels D No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Beneficial Effect on Floodplain Occupancy/Values (Review Concluded), D Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment D 8 Step Process Complete -documentation on file Are project conditions required? D YES (see Section V) D NO (Review Concluded) \ \"; I,"" '\ . C/?mmf!nts: rhi,s version is for the demolition of the facility. The remaining replacement funds will be de-obligated and applied to an alternate project involving another facility. No further floodplain review wilJ'be forthcoming for PW listed unless there should be a re-obligation of funds or changes to the scope of work. C~"respoit4e'1wConsultation/References: Melanie Sibley, Environmental Specialist-Floodplain 6. E.O. 11990 -Wetlands [gI No Effects on Wetland(s) and/or project located outside Wetland(s) -(Review Concluded) D Located in Wetland or effects Wetland(s) . D Beneficial Effect on Wetland -(Review Concluded) D Possible adverse effect associated with constructing in or near wetland D Review completed as part of floodplain review D 8 Step Process Complete -documentation on file Are project conditions required? YES (see Section V) D NO (Review Concluded) Comments: No wetlands were determined to be present by checking the USFWS National Wetlands Inventory (NWI) maps. Correspondence/Consultation/References: USFWS NWI map accessed on-line. (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) 04/23/2009. Record ofEnvironmental Consideration (Version April 2007) C. t ..O. 12898 -Environmental Justice for Low Income and Minority Populations oProject scope of work has no potential to adversely impact any population (Review ConCluded) D No Low income or minority population in, near or affected by the project based on information gathered from [add a reference] (Review Concluded) [gI Low income or minority population in or near project area D No disproportionately high and adverse impact on low income or minority population (Review Concluded) [gI Disproportionately high or adverse effects on low income or minority population Are project conditions required? [gI YES (see Section V) D NO (Review Concluded) Comments The percent populations of70126 are: 31.9% Black, 64% White, and 3.0% Hispanic. The median household income in 1999 was $ 40,160 and 15.0% of families are below poverty level. .. This. pr.oject involves the demolition and abandonment of a public school. Costs associated with rebuilding this school will be applied to the reconstruction of other schools throughout Orleans Parish. This action takes into consideration the changed demographics as a result of the storm; the changed cultural environment subsequent to the age of school integration; and the substandard functionality of the existing buildings. This action is considered to be the best alternative for the welfare of the students. ' Qne of tllemaii.'goals ofthe RSD Master Plan was to ensure the maximization ofpublit,t\1\>lvement and develop a plan that is embraced by the public. Numerous public meetings were held in developing the Master Plan. The meetings were meticulously documented and public comments were correlated for consideration in the plan .. 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. Correspondence/Consultation/References: U.S. Census bureau 2000 data at http://factfinder.census.gov, referenced 04121109. III. Other Environmental Issues identifyothe-r potential environmental concerns in the comment box not c1e~rIY. falling under a law or et:eJ.!'utive order (see environmental concerns scoping checklist for guidance)!':' : ":.' ;! '1"',.\,' IV. Extraordinary Circumstances Yes D (i) Greater scope or size than normally experienced for a particular category of action D (ii) Actions with a high level of public controversy D . (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; D (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; D (v), Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; (vi) Presence of hazardous or toxic substances at levels which exceed Federai"E;tate or local regulations or standards requiring action or attention; '\, " D (vii) Actions with the potential to affect special status areas adversely or other critical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole. or principal drinking water aquifers; D (viii) Potential for adverse effects on health or safety; and . . . D (ix)Potential to violate a federal, state, local or tribal law or requirement fmp6sed for the protection ofthe environment.' Record ofEnvironmental Consideration (Version April 2007) o (x) Potential for significant cumulative impact when the proposed action is combined with other past, present and reasonably foreseeable future actions, even though the impacts ofthe proposed action may not be significant by themselves. Ic.omments: 'i, V. Environmental Review Project Conditions Project Co~di~ions: , ! This project must comply with all conditions of the attached Programmatic Categorical Exclusion. In addition, the following conditions apply as a condition of FEMA funding reimbursement: • In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana parish of Orleans is under quarantine. The movement ofwood 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 ofAgriculture and Forestry or his designee(s). • Applicant is responsible to ensure potential hazardous materials, if any, shall be removed, handled, transported and dispos:e~ of in accordance with local, state and federal compliance requirement~. ./. ,". • Ifduring the course ofwork, archaeological artifacts (prehistoric or historic) or\i~iTi~n remains are discovered, the applicant shall stop work in the vicinity of the discovery and take all reasonable JJ;lejitiures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in tum contact FEMA Historic Preservation (HP) staff. The applicant will not proceed with work until FEMA HP , completes consultation with the 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 ofthe jurisdiction where the remains are located within tWef1ty~four hours ofthe discovery. The applicant shall also notify FEMA and the Louisiana Division of Archaeology at-225-342-8170 within seventytwo hours ofthe discovery. Ifthis scope ofwork and/or the footprint/location of the new building changes, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place. Failure to comply with these stipulations may jeopardize receipt of federal funding. • 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. ,!. i,' ' '.; . ~ Record of Environmental Consideration (Version April 2007)