Reviewer Name: Letha Dawson Applicallt: Recovery School district DisalterlEmergellcylProgramlProject Title: DR 1603LA I Hurricane Katrina I Public Assistance Program I EOR 2128 Terrell (Mary Church) Elementary School Record of Environmental Consideration See 44 Code ofFederal Regulation Part 10. Project NamelNumber: Terrell (Mary Church) Elementary School I PW 13137 Project Location: 3411 Broadway, New Orleans, Louisiana, Orleans Parish, 70117 (N29.960l6, W-90.10879) Project Description: Project activities removing and replacing basketball goals, posts, backboards, tether ball set, chain link fence, fencing fabric, ground dome climber, pole slide and cleaning soiled metal. Some mitigation will be achieved by compliance with current codes and standards and by good construction practices. Documentation Requirements D No Documentation Required (Review Concluded) D (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) [8] (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC. National Environmental Policy Act (NEPAl Determination D Statutorily excluded from NEPA review. (Review Concluded) D Programmatic Categorical Exclusion -Category (Review Concluded) D Categorical Exclusion -Category 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) D Environmental Assessment D Supplemental Environmental Assessment (Reference EA or PEA in comments) [8] Environmental Impact Statement Comments: This project meets the criteria for an Alternative Arrangement (Permanent Schools) type of project. This project has conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws which are listed under the NEPA Level ofEnvironmental 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. Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergencylProgramIProject Title: DR1603LA I Hurricane Katrina I Public Assistance Program I EOR 2128 Terrell (Mary Church) Elementary School Reviewer and Approvals o Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha!wson, Environmental Specialist Signature ~--. Date _-=08~/3=0::::..,,/2=0=0=6_____--..!. FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signature ~r;3 . Date _--=08=/3::;..:0::;.:..:/2=0=0.::,.6_____--:. I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act o Not type of activity with potential to affect historic properties. (Review Concluded) IZI Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. IZI Activity meets Programmatic Allowance # Appendix A, Section I A and I. Are project conditions required? IZI Yes (see section V) D No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES IZI No historic properties that are listed or 45150 years or older in project area. (Review Concluded) o Building or structure listed or 45150 years or older in project area and activity not exempt from review. o Determination of No Historic Properties Affected (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Determination of Historic Properties Affected (FEMA fmdingiSHPOITHPO concurrence on file) o Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments o No Adverse Effect Determination (FEMA fmdingiSHPO/THPO concurrence on file). Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Adverse Effect Determination (FEMA fmdingiSHPOITHPO concurrence on file) o Resolution of Adverse Effect completed. (MOA on file) Are project conditions required 0 Yes (see section V) 0 No (Review Concluded) ARCHEOLOGICAL RESOURCES IZI Project affects only previously disturbed ground. (Review Concluded) o Project affects undisturbed ground. o Project area has no potential for presence of archeological resources o Determination of no historic properties affected (FEMA findingiSHPOITHPO concurrence or consultation on file). (Review Concluded) D Project area has potential for presence of archeological resources o Determination of no historic properties affected (FEMA findingiSHPO/THPO concurrence on file) Are project conditions required 0 Yes (see section V) No (Review Concluded) o Determination of historic properties affected o NR eligible resources not present (FEMA findingiSHPO/THPO concurrence on file). Are project conditions required DYes (see section V) 0 No (Review Concluded> o NR eligible resources present in project area. (FEMA findingl SHPOITHPO concurrence on file) o No Adverse Effect Determination. (FEMA fmdingl SHPO/THPO concurrence on file) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Adverse Effect Determination. (FEMA fmdingl SHPOITHPO concurrence on file) Record of Environmental Consideration 2 Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergenc:ylProgramIProject Title: DR I603 LA I Hurricane Katrina I Public Assistance Program I EOR 2128 Terrell (Mary Church) Elementary School o Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) Comments: 8/30106 ~ Scope of work indicates ground disturbing activities associated with removing and replacing recreational game posts and playground structures. 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 ofwork as submitted meets the criteria outlined in the Programmatic Agreement dated December 3, 2004, Appendix A, Section I A and I. In accordance with this document, FEMA is not required to submit projects to the SHPO for review where the work performed meets these allowances. 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 fmds. The applicant shall inform 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, ifunmarked 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 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. -Dana Linck, Historic Preservation Specialist Correspondence/Consultation/References: B. Endangered Species Act I8l 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? 0 YES (see section V) 0 NO (Review Concluded) mments: None rrespondence/Consultation/References: C. Coastal Barrier Resources Act I8l 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? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act I8l Project would not affect any waters of the 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 404/401/0r Section 9110 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) 08130/06 Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergencylProgramIProject Title: DR I 603 LA I Hurricane Katrina I Public Assistance Program I EOR 2128 Terrell (Mary Church) Elementary School Comments: None Correspondence/Consultation/References: E. Coastal Zone Management Act D 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 ~State administering agency does not require consistency review. (Review Concluded). D State administering agency requires consistency review. Are project conditions required? D YES (see section V) D NO (Review Concluded) 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 stilI require a Coastal Use Permit or other authorization from DNR. Projects may be coordinated by contacting LA DNR at 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act ~Project does not affect, control, or modify a waterwaylbody of water. (Review Concluded) D Project affects, controls or modifies a waterwaylbody of water. 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: None Correspondence/Consultation/References: G. Clean Air Act ~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: None Correspondence/Consultation/References: H. Farmland Protection Policy Act ~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 Resource Conservation Commission required. D Farmland Conversion Impact Rating, Form AD-l 006, completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act D Project not located within a flyway zone. (Review Concluded) [gJ Project located within a flyway zone. [gJ Project does not have potential to take migratory birds. (Review Concluded) Are project conditions required? D Yes (see section V) [gJ No (Review Concluded) 08/30106 Reviewer Name: Letha Dawson Applieant: Recovery School district DlsasterlEmel'geneylProgramlProjed Title: DRI603LA I Hurricane Katrina I Public Assistance Program I EOR 2128 Terrell (Mary Church) Elementary School 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: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 0911412005. Specifically, FEMA has determined that restoration projects funded with federal resources will not have adverse impacts on migratory birds or other fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflyway.gov/DocumentslMississippi map. pdf, J. Magnuson-Stevens Fishery Conservation and Management Act [gI 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. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act [gI Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) D Project is along or affects WSR D Project adversely affects WSR as determined by NPSIUSFS. FEMA cannot fund the action. (NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) D Project does not adversely affect WSR. (NPSIUSFSIUSFWSIBLM consultation on file) Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: L. Other Relevant Laws and Environmental Regulations II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains D No Effect on FloodplainslFlood levels and project outside Floodplain -(Review Concluded) [gI Located in Floodplain or Effects on FloodplainslFlood levels [gI No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? D Yes (see section V) [gI No (Review Concluded) D Beneficial Effect on Floodplain OccupancyNalues (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) Comments: 08.07.06 -The City ofNew OrleanslOrleans Parish enrolled in the National Flood Insurance Program (NFIP) 08.03.70. Per Flood Insurance Rate Map (FIRM) 225203 0160 E, dated 03.01.84, project is located in zone A-8; area of Record of Environmental Consideration 5 08/30/06 Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergencylProgramIProjed Title: DR l603LA I Hurricane Katrina I Public Assistance Program I EOR 2128 Terrell (Mary Church) Elementary School IOO-yr flood, base flood elevations and flood hazard factors detennined. Project is for repair/replacement ofplayground and fence facilities. Project is to pre-disaster footprint and should have no effect on floodplain. Casey Barefield, FPM. Correspondence/consultation/references: B. E.O. 11990 -Wetlands I8J No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) o Located in Wetland or effects Wetland(s) o Beneficial Effect on Wetland -(Review Concluded) o Possible adverse effect associated with constructing in or near wetland o Review completed as part offloodplain review o 8 Step Process Complete -documentation on file Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations I8J No Low income or minority population in, near or affected by the project -