Record of Environmental Consideration 


See 44 Code of Federal Regulation Part 10. 

Project NamelNumber: EOR 13395 Wicker Elementary School / PW 13395 

Project Location: 2011 Bienville Street, New Orleans, Louisiana, Orleans Parish 70112 
(N29.99575, W-90.08163) 

Project Description: Project activities include removing and replacing (1) 60 FT X 50 FT wood chip 
play box, (3) metal slides and ladders, (1) 7 FT Diameter X 5 FT High tri-arch ladder unit, and (1) 6 Ft 
X 6 FT High parallel bar unit. Hazard Mitigation will be achieved by compliance with current codes 
and standard and good construction practices. 

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) 

[g] (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 NEP A 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) 

[g] Environmental Impact Statement 

Comments: Although this project would have qualified as a CATEX (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 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. 


Reviewer and Approvals 

o Project is Non-Compliant (See attached documentation justifying selection). 

~~~~q-~LL~~__________ 
ional Environmental Officer or delegated approving official. 
~' Dme __-=9/~7~/O=6~______~ 

Name: Howard R. Bush, ELO 

Signature ?~ 2C? . Date _----=::.9.:....:17c..:....:/00<...::6'----___----'


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) 

~Applicable executed Programmatic Agreement, 12/03104. Otherwise, conduct standard Section 106 review. 
~Activity meets Programmatic Allowances, Appendix A, Section I (A, E & I). 
Are project conditions required? ~Yes (see Section V) D No (Review Concluded) 

HISTORIC BUILDINGS AND STRUCTURES 
~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 fmding!SHPOffHPO concurrence on file) 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Determination of Historic Properties Affected (FEMA fmding!SHPO/THPO 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 fmding!SHPO/THPO concurrence on file). 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Adverse Effect Determination (FEMA fmding!SHPO/THPO 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 
~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 fmding!SHPOffHPO 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 fmding!SHPO/THPO 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 fmding!SHPO/THPO concurrence on file). 

Are project conditions required DYes (see section V) D No (Review Concluded) 
D NR eligible resources present in project area. (FEMA fmding! SHPO/THPO concurrence on 
file) 

D No Adverse Effect Determination. (FEMA fmding! SHPOffHPO concurrence on file) 
Are project conditions required? D Yes (see section V) D No (Review Concluded) 


D Adverse Effect Detennination. (FEMA fmding/ SHPOffHPO 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: 917/06 -Scope ofwork indicates ground disturbing activities associated with replacing playground apparatus 
and possibly replacing fence posts, sign posts and repairing/replacing playground apparatus, all work at which appears to be 
planned in the same locations as the originals. Upon consultation ofdata provided by the State Historic Preservation 
Officer (SHPO), there are three no known archaeological sites within .25 miles of the project area. However all work (and 
only that work) which will replace/repair in the same location as the original. will occur within a previously disturbed area. 
Therefore, the scope ofwork for those activities meet the criteria outlined in the Programmatic Agreement dated December 
3,2004, Appendix A, Section I A, E and I. In accordance with this document, FEMA is not required to submit projects to 
the SHPO for review where the work perfonned meets these allowances. Any clarification of or change in scope which 
identifies ground disturbance in locations away from where the original features were located will require resubmittal for 
review. If during the course ofwork, 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's Historic 
Preservation Staff. The applicant will not proceed with work until FEMA's 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 of the jurisdiction where the remains are located within twenty-four hours 
ofthe 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 will jeopardize receipt of FEMA funding. -Dana Linck, Historic Preservation Specialist! Archaeologist. 
Correspondence/Consultation/References: 

B. Endangered Species Act 
r8l 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. 


D No effect to species or designated critical habitat. (See comments for justification) 

Are project conditions required? D Yes (see section V) D No (Review Concluded) 

D May affect, but not likely to adversely affect species or designated critical habitat (FEMA 

detenninationlUSFWSINMFS concurrence on file) (Review Concluded) 

Are project conditions required? D Yes (see section V) D No (Review Concluded) 
D Likely to adversely affect species or designated critical habitat 
D Fonnal consultation concluded. (Biological Assessment and Biological Opinion on file) 
Are project conditions required? D YES (see section V) D NO (Review Concluded) 


IComments: None 

C. Coastal Barrier Resources Act 
r8l Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). 
D Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determinationlUSFWS consultation on 

file) 
D Proposed action an exception under Section 3505.a.6? (Review Concluded) 
D Proposed action not excepted under Section 3505.a.6. 


Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 


D. Clean Water Act 

~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 404/40 lIor 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) 


Comments: Project is not in or adjacent to any waterways ofthe U.S. 
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 localed 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 offederal 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 1-800-276-4019. Correspondence/Consultation/References: 

F. Fish and Wildlife Coordination Act 

IZI Project does not affect, control, or modifY a waterway/body ofwater. (Review Concluded) 

o Project affects, controls or modifies a waterway/body 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: Project is not in or adjacent to any waterways ofthe U.S. 
Correspondence/Consultation/References: 

G. Clean Air Act 

IZI 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: Project will not result in permanent air emissions. 
Correspondence/Consultation/References: 


H. Farmland Protection Policy Act 
t2I Project does not affect designated prime or unique farmland. (Review Concluded) 


o Project causes unnecessary or irreversible conversion of designated prime or unique fannland. 

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) 
t2I Project located within a flyway zone. 

t2I Project does not have potential to take migratory birds. (Review Concluded) 
Are project conditions required? 0 Yes (see section V) t2I No (Review Concluded) 

o Project has potential to take migratory birds 

o Contact made with USFWS 
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 09/14/2005. 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.govlDocwnents/Mississippi map.pdf, 

J. Magnuson-Stevens Fishery Conservation and Management Act 
t2I Project not located in or near Essential Fish Habitat. (Review Concluded) 
D Project located in or near Essential Fish Habitat. 


o Project does not adversely affect Essential Fish Habitat. (Review Concluded) 
Are project conditions required? D 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). 
Are project conditions required? D Yes (see section V) 0 No (Review Concluded) 
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 
t2I 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 Cund the action. 
(NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) 
o Project does not adversely affect WSR. (NPSIUSFSIUSFWSIBLM 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) 
~Located in Floodplain or Effects on FloodplainsIFlood levels 

~No adverse effect on floodplain and not adversely affected by the floodplain. <Review Concluded), 

Are project conditions required? D Yes (see section V) ~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: 08/1 0/06~ The City ofNew Orleans I Orleans Parish is enrolled in the National Flood Insurance Program 
(NFIP) as of 08~03-70, as detennined per Flood Insurance Rate Map (FIRM) Panel Number 2252030160E, dated 03~1-84. 
Facility is located within an "A4" Zone, area of 100-yr flooding, Base Flood Elevations and Flood Hazard Factors. The 
project is the repair ofplayground which will not affect the floodplain. A. Cramer FPM Specialist. 

Correspondence/Consultation/References: 

B. E.O. 11990 -Wetlands 
~No Effects on Wetland(s) and 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 offloodplain review 
D 8 Step Process Complete -documentation on file 


Are project conditions required? D YES (see section V) D NO (Review Concluded) 

Comments: None 
Correspondence/Consultation/References: 

c. E.O. 12898 -Environmental Justice For Low Income and Minority Populations 

~No Low income or minority population in, near or affected by the project -(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) 

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. If the circumstance can be mitigated, 
please explain in comments. lfno, leave blank. 

t 
Yes f 

~

o (i) Greater scope or size than normally experienced for a particular category of action 

i

o (ii) Actions with a high level ofpublic controversy 
o (iii) Potential for degradation, even though slight, of already existing poor environmental I conditions; i 
o (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown 
environmental risks; 
o (v) Presence ofendangered or threatened species or their critical habitat, or archaeological, 
cultural, historical or other protected resources; t 
o (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local 


I

f

regulations or standards requiring action or attention; 

o (vii) Actions with the potential to affect special status areas adversely or other critical resources i 
isuch as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, 

t 

sole or principal drinking water aquifers;

o (viii) Potential for adverse effects on health or safety; and 
o (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the 
protection of the environment. 
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. 


IComments: None 

V. Environmental Review Project Conditions 

Project Conditions: 

1. Any clarification of or change in scope which identifies ground disturbance in locations away 
from where the original features were located will require resubmittal for review. If during the 
course ofwork, archaeological artifacts (prehistoric or historic) or human remains are 
discovered, the applicant shall stop work in the vicinity ofthe discovery and take all reasonable 
measures to avoid or minimize harm to the finds. The applicant shall inform their Public 
Assistance (PA) contacts at FEMA, who will in turn contact FEMA's Historic Preservation 
Staff. The applicant will not proceed with work until FEMA's Historic Preservation Staffhave 
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 
ofthe discovery. 

Record of Environmental Consideration 7 09/07/06 


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 ofthe discovery. 
Failure to comply with these stipulations will jeopardize receipt ofFEMA funding. 

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 ofthe governing local, state and federal agencies. 
3. 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 ofAgriculture and Forestry or his designee(s). 


Monitoring Requirements: None