Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA -April 2007 See 44 Code of Federal Regulation Part 10 Project NamelNumber: Lake Forest Montessori School Building B PW# 13098 Version 2 FIPS#: 071-UFTI3-00 Applicant Name: Orleans Parrish School Board Project Location: 8258 Lake Forest Blvd., New Orleans 70127, Orleans Parish, Latitude: 30.02604, Longitude: -89.99311 Project Description: Hurricane Katrina generated hurricane force winds, wind driven rains, storm surge, and flooding resulted in up to 10 feet offloodwater inundating Building B, the school's cafeteria. Approximately 60 inches of contaminated brackish floodwater stood in the Building B facility for up to three weeks. Inspection revealed that the walls and entire wood frame ofthe building required replacement. Building B is a 25'X59" single story wood frame building constructed on a concrete slab. Repair vs. replacement cost was calculated at 63.4% therefore the building will be demolished and replaced. Version 2 of the PW is to add foundation pilings to the scope of work and to correct the size ofthe building which was understated by 225 square feet in Versions 0 and 1. Version 2 also identified project management fees for the project. National Environmental Policy Act (NEPA) Determination o Statutorily excluded from NEPA review (Review Concluded) o Programmatic Categorical Exclusion -Category (Reference PCE in comments) (Review Concluded) r;gJ Categorical Exclusion -Category xii and xv r;gJ No Extraordinary Circumstances exist. Are project conditions required? r;gJ Yes (see section V) 0 No (Review Concluded) o Extraordinary Circumstances exist (see Section IV). o Extraordinary Circumstances mitigated. (see Section IV comments) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Environmental Assessment o Supplemental Environmental Assessment (Reference EA or PEA in comments) o Environmental Impact Statement o Scope of work requires public involvement plan Comments: Based on information provided by the applicant, the scope of work for this project is categorically excluded from the preparation ofan environmental impact statement or environmental assessment under 44 CFR part 10.8 (d)(2)(xii)(xv). Any changes to this approved scope ofwork will require submission to, and evaluation and approval by, the state and FEMA prior to initiation of any 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 o Project is Non-Compliant (see attached documentation justifYing selection). Reviewer and Approvals FEMA Environmental Reviewer: Name: Ted Murray ironmental Specialist Date _,_-~_~_-o-----,i Signature :J.. / ----, Reviewer Name: Ted Murray Lake Forest Montessori Bldg. BlEnv Database No: 13098-2 FEMA-1603/1607-DR-LA Parish: Orleans FEMA Environmental Liaison Officer or Delegated Approving Official: Name: Cynthia Teeter, FEMA LA TRO .fist Q C' Signature ~Io...-(Y'. -~L Date _--'-I...!-I-"-d_5.:....;..10--'4__----' I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act (NHP A) D Not type ofactivity with potential to affect historic structures or archaeological resources (Review Concluded) D Activity meets Programmatic Agreement, December 3, 2004. Appendix A: Allowance No. I, e and i Are project conditions required? Yes (see Section V) D No [gI Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see below). D Other Programmatic Agreement dated insert date of P A applies HISTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) [gI Building or structure listed or 45/50 years or older in project area and activity not exempt from review. [gI Determination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? [gI Yes (see Section V) D No (Review Concluded) D Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) D Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. Ifnot, explain in comments D No Adverse Effect Determination (FEMA finding/SHPO/THPO 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 ofAdverse Effect completed (MOA on file) Are project conditions required D Yes (see Section V) No (Review Concluded) ARCHEOLOGICAL RESOURCES D Project scope ofwork has no potential to affect archeological resources (Review Concluded) [gI Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with an historic structure D Project area has no potential for presence of archeological resources D Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) (Review Concluded) D Project area has potential for presence of archeological resources D Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) D Determination ofhistoric properties affected D NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required D Yes (see Section V) No (Review Concluded) D NR eligible resources present in project area (FEMA finding/SHPO/THPO concurrence on file) D No Adverse Effect Determination (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? D Yes (see Section V) No (Review Concluded) D Adverse Effect Determination (FEMA fmding/SHPOITHPO concurrence on file) Resolution of Adverse Effect completed (MOA on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) Comments: FEMA, in consultation with the State Historic Preservation Officer (SHPO), has determined that none ofthe structures associated with the proposed demolition are listed on or eligible for the national register ofhistoric places and fmds that this scope of work will have no effect on standing historic properties. Scope ofwork indicates ground disturbing activities associated with the demolition and rebuild ofthe structure within its pre-disaster footprint only. Upon consultation of data provided by SHPO, there are no known archaeological sites within .5 miles of the project area Correspondence/Consu[tationIRejerences: Katherine Zeringue, HP Specialist Record of Environmental Consideration (Version April 2007) Reviewer Name: Ted Murray Lake Forest Montessori Bldg. BIEDV Database No: 13098-2 FEMA-160l/1607-DR-LA Parish: Orleans B. Endangered Species Act IZl No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) oListed 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? 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? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Listed species habitat does not occur in or near this site, thus this project will have no effect to threatened or endangered species. Correspondence/Consultation/Rejerences: Ted Murray, Environmental Specialist C. Coastal Barrier Resources Act IZl 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 3505.a.6 (Review Concluded) o Proposed action not excepted under Section 3505.a.6. Are project conditions required? YES (see Section V) 0 NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/Rejerences.' Louisiana Coastal Barrier Resource System Maps referenced 6/5/09. D. Clean Water Act IZl Project would not affect any waters ofthe 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 404/401 ofClean Water Act or Section 9110 of Rivers and Harbors Act permit, including qualification under Nationwide Permits. Are project conditions required? 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: The project will not impact waters of the U.s.. Correspondence/Consultation/Rejerences: Ted Murray, Environmental Specialist 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) [8j Project is located in a coastal zone area and/or affects the coastal zone o State administering agency does not require consistency review. (Review Concluded). [8j State administering agency should be contacted to determine ifconsistency review required .. Are project conditions required? [8j 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 DNR. Prior to initiation ofwork, projects should be coordinated by contacting LA DNR at (225) 342-9232. If a permit or other authorization is required, applicant shall comply with all conditions ofthe permit. Correspondence/Consultation/Rejerences: Ted Murray, Environmental Specialist F. Fish and Wildlife Coordination Act Record of Environmental Consideration (Version April 2007) Comments: Reviewer Name: Ted Murray Lake Forest Montessori Bldg. BlEnv Database No: 13098-2 FEMA-1603/1607-DR-LA Parish: Orleans I:Sl Project does not affect, control, or modifY a waterwaylbody of water. (Review Concluded) D Project affects, controls or modifies a waterwaylbody ofwater. D Coordination with USFWS conducted D No Recommendations offered by USFWS. (Review Concluded) D Recommendations provided by USFWS. Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: Project will not affect, control or modifY a waterway or body ofwater. Correspondence/Consultation/References: Ted Murray, Environmental Specialist G. Clean Air Act I:Sl 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) Comments: Applicant should ensure that best management practices are taken. Care should be taken to minimize the generation of fugitive dust during construction activities. CorrespondenceiConsultationlReferences: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act I:Sl 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 of designated prime or unique farmland. D Coordination with Natural Resources Conservation Service required. Farmland Conversion Impact Rating, Form AD-I 006, completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) Corres ondenceiConsultationIRe erences: Ted Murra ,Environmental S ecialist I. Migratory Bird Treaty Act D Project not located within a flyway zone (Review Concluded) I:Sl Project located within a flyway zone. I:Sl Project does not have potential to take migratory birds {Review Concluded) Are project conditions required? D Yes (see section V) I:Sl 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. Magnuson-Stevens Fishery Conservation and Management Act I:Sl Project not located in or near Essential Fish Habitat (Review Concluded) D Project located in or near Essential Fish Habitat. D Project does not adversely affect Essential Fish Habitat (Review Concluded) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) D NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? D Yes (see Section V) D No {Review Concluded} D NOAA Fisheries provided recommendation(s) D Written reply to NOAA Fisheries recommendations completed. Record of Environmental Consideration (Version April 2007) Reviewer Name: Ted Murray Lake Forest Montessori Bldg. BlEnv Database No: 13098-2 FEMA-1603/1607-DR-LA Parish: Orleans Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Project is not located in or near any surface waters with the potential to affect EFH species. Correspondence/ConsultationiRejerences: Ted Murray, Environmental Specialist K. Wild and Scenic Rivers Act [8J Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) o Project is along or affects WSR o Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action. (NPS/uSFS/uSFWSIBLM consultation on file) (Review Concluded) o Project does not adversely affect WSR. (NPS/USFS/uSFWSIBLM consultation on file) Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Correspondence/ConsultationiRejerences: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.html. L. Resource Conservation and Recovery Act 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 of the 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. M. Other Relevant Laws and Environmental Re ulations 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 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 ofthe Louisiana Department of Agriculture and Forestry or his designee(s) II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains o No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) [8J Located in Floodplain or Effects on FloodplainslFlood levels o No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o Beneficial Effect on Floodplain OccupancyNalues (Review Concluded), [8J Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment [8J 8 Step Process Complete -documentation on file Are project conditions required? r8J. YES (see Section V) 0 NO (Review Concluded) A Final Public Notice is required Comments: As determined per flood insurance rate map (FIRM) panel number 2252030 lISe, dated 03-01-84 the facility is located within an "A4" zone, area of IOO-yr flooding, base flood elevations and flood hazard factors determined. In compliance with EO 11988 an 8-step process has been completed for the project. Correspondence/ConsultationiRejerences: A Cramer, FPM Specialist B. E.O. 11990 -Wetlands [8J No Effects on Wetland(s) and/or project located outside Wetland(s) -(Review Concluded) o Located in Wetland or effects Wedand(s) o Beneficial Effect on Wetland -(Review Concluded) o Possible adverse effect associated with constructing in or near wetland Record of Environmental Consideration (Version April 2007) Reviewer Name: Ted Murray Lake Forest Montessori Bldg. B/Env Database No: 13098-2 FEMA-1603/1607-DR-LA Parish: Orleans D Review completed as part of floodplain review D 8 Step Process Complete -documentation on file Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: Project will have no impact on wetlands. Correspondence/ConsultationIRejerences: Ted Murray, Environmental Scientist C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations [8J Project scope ofwork 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) D 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) D Disproportionately high or adverse effects on low income or minority population Are project conditions required? D YES (see Section V) D NO (Review Concluded) Corres ondence/ConsultationiRe erences: Ted Murra , Environmental Scientist III. Other Environmental Issues IV. Extraordinary Circumstances Yes D D D D D D D D D D IComments: (i) Greater scope or size than normally experienced for a particular category of action (ii) Actions with a high level of public controversy (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; (iv) Employment ofunproven technology with potential adverse effects or actions involving unique or unknown environmental risks; (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 Federal, state or local regulations or standards requiring action or attention; (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; (viii) Potential for adverse effects on health or safety; and (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection of the environment. (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 of the proposed action may not be significant by themselves. V. Environmental Review Project Conditions The following conditions apply as a condition of FEMA funding reimbursement: 1) 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 DNR. Prior to initiation of work, projects Record of Environmental Consideration (Version April 2007) Reviewer Name: Ted Murray Lake Forest Montessori Bldg. BlEnv Database No: 13098-2 FEMA-1603/1607-DR-LA Parish: Orleans should be coordinated by contacting LA DNR at (225) 342-9232. If a pennit or other authorization is required, applicant shall comply with all conditions ofthe pennit. 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 of the project applicant shall handle, manage, and dispose of petroleum 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) In accordance with the Fonnosan tennite initiative act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana Parishes ofCalcasieu, 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 ofAgriculture and Forestry or his designee(s) 4) As per 44 CFR 9.11, mitigation or minimization standards must be applied. Where possible, building contents, materials, and equipment (mechanical or electrical) must be elevated to or above advisory base flood elevations. 5) 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 infonn their Public Assistance (PA) contacts at FEMA, who will in tum 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 ofthe 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 ofArcheology at 225-342-8170) within seventy-two hours of the discovery. If this scope of work and/or the footprint/location ofthe new building changes, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place outside ofthe pre-disaster footprint of the building. 6) Based on infonnation provided by the applicant, the scope of work for this project is categorically excluded from the preparation of an environmental impact statement or environmental assessment under 44 CFR part 10.8 (d)(2)(xii)(xv). Any changes to this approved scope of work will require submission to, and evaluation and approval by, the state and FEMA prior to initiation of any work, for compliance with the national environmental policy act. The applicant is required to obtain and comply with all local, state and federal pennits and requirements. Non-compliance with the requirements noted above may jeopardize the receipt offederal funding. Record ofEnvironmental Consideration (Version April 2007)