Reviewer Name: Letha Dawson Applicant: Recovery School district DiSll.terlEmergencylProgramIProjed Title: DRI603LA I Hurricane Katrina I Public Assistance Program! E0R2I44 Wheatley Elementary SchoolBuilding A(with Elevated Classrooms) Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project NamelNumber: Wheatley Elementary School-Building A (with elevated Classrooms) / PW 13281 Project Location: 2300 Dumaine Street, New Orleans, Louisiana, Orleans Parish, 70119 (N 29.96933, W -90.07751) Project Description: Project activities involve removing and replacing glazing at aluminum framed windows, exhaust fan, vinyl tile, wood doors, metal frames, wood transom panels, drinking fountains, incandescent lightfixtures~ urinal~ exposed. supply and waste lines for lavatories, mirrors,.plastic laminate toilet components, china toilets, soap dispensers, paper towel dispensers, heaters, water boilers, switch board, and receptacles; cleaning and repainting CMU walls; and cleaning ceramic tile floors and concrete floors. Some mitigation will be achieved by compliance with current codes and standards and by good construction practices. Documentation Requirements o No Documentation Required (Review Concluded) o (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) [gI (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC. National Environmental Policy Act (NEP A) Deternlination o Statutorily excluded from NEP A review. (Review Concluded) o Programmatic Categorical Exclusion -Category (Review Concluded) o Categorical Exclusion -Category o No Extraordinary Circumstances exist. Are project conditions required? 0 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) [gI Environmental Impact Statement Comments: Although this project would have qualified as a CA TEX (XV) under 44 CFR Part 10.8 (D)(2), this project meets the definition ofcritical 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 ofEnvironmental Review in the Project Worksheet. Any changes to this approved scope of work will require submission to, and evaluation and approval by, the State and FEMA prior to Record of Environmental Consideration 09/07/06 Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergencylProgramIProject Title: DRI603LA I Hurricane Katrina I Public Assistance Program! E0R2I44 Wheatley Elementary School Building A(with Elevated Classrooms) 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 offederal funding. Reviewer and Approvals D Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist Signature . Date __0=9;..:,../0::....:7..:....:/2::..=0=06.:::.....-____----" ch~lt®r\ FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO ~ Signature 7::::::;;>---~ z . Date _~09::.!../0~7~/2=0=0=6_____.....!. 7 I. Compliance Review for Environmental Laws (other than NEPAl A. National Historic Preservation Act D Not type of activity with potential to affect historic properties. (Review Concluded) 1:8] Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. 1:8] Activity meets Programmatic Allowance # Appendix A, section {II-Cl, II-Bl, II-DI, II-C2, II-H, II-A2} Are project conditions required? 1:8] Yes (see section V) D No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) D Building or structure listed or 45/50 years or older in project area and activity not exempt from review. D Determination ofNo Historic Properties Affected (FEMA findingiSHPOrrHPO concurrence on file) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Determination of Historic Properties Affected (FEMA fmdingiSHPOrrHPO concurrence on file) D Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments D No Adverse Effect Determination (FEMA fmdingiSHPO/THPO concurrence on file). Are project conditions required? D Yes (see section V) D No (Review Concluded) D Adverse Effect Determination (FEMA fmdingiSHPOrrHPO 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 1:8] Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground. D Project area has no potential for presence of archeological resources D Determination of no historic properties affected (FEMA fmdingiSHPOrrHPO concurrence or consultation on file). (Review Concluded) D Project area has potential for presence of archeological resources D Determination of no historic properties affected (FEMA findingiSHPOrrHPO concurrence on file) Are project conditions required D Yes (see section V) D No (Review Concluded) D Determination of historic properties affected D NR eligible resources not present (FEMA findingiSHPOrrHPO concurrence on file). Are project conditions required DYes (see section V) D No (Review Concluded) 09/07/06 Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergencylProgramlProjec:t Title: DR 1603LA I Hurricane Katrina I Public Assistance Program! EORlI44 Wheatley Elementary SchoolBuilding A(with Elevated Classrooms) o NR eligible resources present in project area. (FEMA fmding! SHPOffHPO concurrence on file) o No Adverse Effect Determination. (FEMA fmding! SHPOffHPO concurrence on file) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Adverse Effect Determination. (FEMA finding! SHPOffHPO 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) Comments: 09/07/2006 -FEMA's Programmatic Agreement (PA), dated December 3,2004, provides for expedited project review under Section 106 ofthe National Historic Preservation Act (NHPA). The scope of work as submitted in this PW has been reviewed and meets the criteria outlined in Appendix A, Programmatic Allowances, Section {II-C I, I1-B I, I1-D 1, II-C2, II-H, II-A2}, of the document. In accordance with the PA, FEMA is not required to determine the national register eligibility ofproperties or to submit projects to the State Historic Preservation Officer (SHPO) for review where the work performed meets these allowances. In keeping with the stipulations of the PA, all proposed repair activities should be done in-kind to match existing materials and form. Any change to the approved scope of work will require resubmission for reevaluation under Section 1 06-and ronsultation with the SHPO.Non-compliance may jeopardize the receipt i)f federal funding. This concludes the Section 106 review for this project. V. Gomez, Historic Preservation Specialist. Correspondence/Consultation/References: B. Endangered Species Act 181 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) Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act 181 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. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None CorrespondenCe/Consultation/References: D. Clean Water Act 181 Project would 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 Ilor Section 911 0 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) IComments: None Reviewer Name: Letha Dawson Applicant: Recovery School district DisasterlEmergencylProgramlProjectTitle: DRI603LA / Hurricane Katrina / Public Assistance Program! E0R2I44 Wheatley Elementary SchoolBuildin A with Elevated Classrooms Correspondence/Consultation/References: 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 ~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. 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 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) o 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) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: G. Clean Air Act ~Project will not result in permanent air emissions. (Review Concluded) o 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: None Correspondence/Consultation/References: H. Farmland Protection Policy Act l?Sl 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 Resource Conservation Commission required. o Farmland Conversion Impact Rating, Form AD-I006, completed. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act o Project not located within a flyway zone. (Review Concluded) ~Project located within a flyway zone. ~Project does not have potential to take migratory birds. (Review Concluded) Are project conditions required? 0 Yes (see section V) l?Sl No (Review Concluded) o Project has potential to take migratory birds. o Contact made with USFWS Record of Environmental Consideration 4 09/07/06 Reviewer Name: Letha Dawson Applicant: Recovery School district DiSllstulEmergencylProgramlProjec:t Title: DR I603LA I Hurricane Katrina I Public Assistance Program! EOR2144 Wheatley Elementary SchoolBuilding A(with Elevated Classrooms) Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: See letter from Don Fairley to Mr. Russ Watson with USF&WS, dated 09/1412005. 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/Documents/Mississippi map.pdf, J. Magnuson-Stevens Fishery Conservation and Management Act 181 Project not located in or near Essential Fish Habitat. (Review Concluded) o Project located in or near Essential Fish Habitat. o Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? 0 Yes (see section V) 0 No (Review Concluded) o Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) o NOAA Fisheries provided no recommendation(s) (Review Concluded). Areprojeet-conditionsfequired'?·B-Y~{see seetion-Y} O·~fReviewC1tnduded) o NOAA Fisheries provided recommendation(s) o Written reply to NOAA Fisheries recommendations completed. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act 181 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 NPSIUSFS. FEMA cannot fund the action. (NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) o Project does not adversely affect WSR. (NPSIUSFSIUSFWSlBLM consultation on file) Are project conditions required? 0 YES (see section V) 0 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) 181 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? 0 Yes (see section V) D No (Review Concluded) o Beneficial Effect on Floodplain OccupancyNalues (Review Concluded). 181 Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment 181 8 Step Process Complete ~ documentation on file Are project conditions required? 181 YES (see section V) 0 NO (Review Concluded) Comments: 08110/2006 -The City of New Orleans 1Orleans Parish enrolled in the National Flood Insurance Program (NFIP) as of 08/0311970. Facility is located within an "A3" zone, area of 1OO-yr flooding, base flood elevations and flood hazard factors as determined per Flood Insurance Rate Map (FIRM) panel number 2252030095 E, dated 03/0111984. Project is repair of building and replacement ofequipment and components. In compliance with EO 11988, an 8-step process was completed and is attached. As per 44 CFR 9.11, mitigation or minimization standards must be applied. Where Record of Environmental Consideration 5 Reviewer Name: Letha Dawson Appllcaat: Recovery School district DlsasterlEmergeacylProgrlmIProject Title: DR 1603LA I Hurricane Katrina I Public Assistance Program! EORlI44 Wbeatley Elementary SchoolBuilding A (with Elevated Classrooms) possible, building contents, materials, components and equipment (mechanical or electrical) must be elevated to or above Advisory Base Flood Elevations. Per 44 CFR 9.12, a fmal public notice is to be published 15 days prior to the start ofany construction activities. Documentation ofcompleted public notice is to be forwarded to FEMA and LA GOHSEP for inclusion in the permanent project files. A. C. Clark, Floodplain Specialist Correspondence/consultation/references: 8-Step Process B. E.O. 11990 -Wetlands I:8l No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) oLocated in Wetland or effects Wetland(s) oBeneficial Effect on Wetland -(Review Concluded) oPossible adverse effect associated with constructing in or near wetland oReview completed as part of floodplain review o8 Step Process Complete -documentation on file Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments," NoneCorrespondence/ Consultation/References: C. E.O.12898 -Environmental Justice For Low Income and Minority Populations I:8l No Low income or minority population in, near or affected by the project -(Review Concluded) oLow income or minority population in or near project area oNo disproportionately high and adverse impact on low income or minority population-(Review Concluded) oDisproportionately high or adverse effects on low income or minority population Are project conditions required? 0 YES (see section V) 0 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 of compliance with other environmental laws and Executive Orders, and in consideration of other environmental factors, review the project for extraordinary circumstances. • A "Yes" under any circumstance may require an Environmental Assessment (EA) with the exception of(ii) which should be applied in conjunction with controversy on an environmental issue. Ifthe circumstance can be mitigated, please explain in comments. Ifno, leave blank. Yes o (i) Greater scope or size than normally experienced for a particular category of action o (ii) Actions with a high level of public controversy o (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; o (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; Reviewer Name: leiba Dawson Applicant: Recovery School district DisasterlEmergencylProgramIProjed Title: DR I603 LA / Hurricane Katrina / Public Assistance Program! EORlI44 Wheatley Elementary SchoolBuilding A (wilb Elevated Classrooms) D (v) Presence of endangered or threatened species or their critical habitat, or archaeological, D cultural, historical or other protected resources; (vi) Presence ofhazardous or toxic substances at levels which exceed Federal, state or local D 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, D D 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 D 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 ofthe proposed action may not be significant by themselves. IComments: None v. Environmental Review Project Conditions General comments: None Project Conditions: 1. As per 44 CFR 9.11, mitigation or minimization standards must be applied. Where possible, building contents, materials, components and equipment (mechanical or electrical) must be elevated to or above Advisory Base Flood Elevations. Per 44 CFR 9.12, a final public notice is to be published 15 days prior to the start ofany construction activities. Documentation of completed public notice is to be forwarded to FEMA and LA GOHSEP for inclusion in the permanent project files. 2. In keeping with the stipulations of the P A, all proposed repair activities should be done in-kind to match existing materials and form. Any change to the approved scope ofwork will require resubmission for re-evaluation under Section 106 and consultation with the SHPO. Noncompliance may jeopardize the receipt of federal funding. 3. 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 ofthe governing local, state and federal agencies. 4. 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 Reviewer Name: Letha Dawson Applicant: Recovery School district DiwterlEmergencylProgramIProject Tide: DRI603LA , Hurricane Katrina' Public Assistance Program! EORl144 Wheatley Elementary SchoolBuilding A(with Elevated Classrooms) Emergency Debris Management Site Certification (Self Certification) regarding compliance with all applicable substantive laws and executive orders. 5. In accordance with the Formosan Termite Initiative Act, (LA RS. 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). 6. 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 "Sixth Amended Declaration of Emergency and Administrative Order" dated June 30, 2006 or latest amended declaration, incorporating the -PfovisiQUSofEPA'~S NationaLEmission.Standards.l"or.Hazardous. Air .Pollutants .(NESHAP).and the Louisiana Administrative Code (LAC) 33.111.5151 and Chapter 27. Should Asbestos Containing Materials (SCMS) be present at the project site, the applicant is also responsible for ensuring proper disposal in accordance with the previously referenced administrative order. 7. Activities involving abrading (sanding, scraping, etc.), heating, stripping, or otherwise concentrating Lead Based Paint (LBP) shall comply with applicable provisions of29 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. 8. This project potentially involves the disposal of metallic mercury containing electronic 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. Monitoring Requirements: None