Reviewer Nlmt: Adlm Borden, Eav. Spedllist Projeet NlmtlEnv. Oltlbue No: Mlrsbln, Tburgood, Middle Scbool FEMA-1603/1607-0R-LA PWtl13575 Plrisb: Orielus Record of Environntental Consideration REVISED FOR FEMA ENVIRONMENTAL -LOUISIANA -2006 See 44 Code of Federal Regulation Part 10 Proiect NamelNumber: Marshall, Thurgood, Middle School 1PW#J3575 FIPS#033-UA9M2-00 Project Location: 4621 Canal Street, New Orleans, LA 70119 Latitude: 29.97845, Longitude: -90.1 0629 Project Description: Heavy rains and high winds from Hurricane Katrina (DR-1603) caused significant exterior and interior damage to Marshall, Thurgood, Middle School of the Recovery School District. This pw reimburses the eligible applicant for replacement of ceiling tile, wallboard, flooring, interior contents, doors, lighting, windows, and roofingfcomponents. Cleaningfpainting activities are also associated with this pw. The new building material will be replaced according to codes and standards upgrades. All work will be performed in a previously disturbed area with no indication of nearby waterways or other bodies of water. Documentation Requirements 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) [8l (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC and/or included in project files, as applicable. 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) 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) [8l Environmental Impact Statement Comments: Although this project would have qualified as a catex (xv) under 44 CFR part 10.8 (dX2), this project meets the defmition 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 of environmental 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 justitying selection). Record of Environmental Consideration (Version 09/12/06) Reviewer Name: Adam Borden, Env. Spedaliit Projed NamelEnv. Database No: Marsball, Thurgood, Middle School FEMA.1603/1607·DR-LA PWI#13575 Parish: Orleans I Specialist FEMA Regional Environmental Officer or Delegated Approving Official: Name: Howard R. Bush, Environmental Liason Officer Date __t:J_,I._:,,1_._,,_,"___...:. Signature?=-e=~ ---; C2 I. Compliance Review for Environmental Laws (other than NEPAl A. National Historic Preservation Act (NHP A) D Not type ofactivity with potential to affect historic properties. 181 Activity meets Programmatic Agreement, December 3, 2004. Appendix A: II-H, II-A2, II-A4, II-CI, 11-01, II-D2, II· BI, II-C2, II-El Are project conditions required? 181 Yes (see Section V) D No D Programmatic Agreement not applicable, must conduct standard Section 106 Review. mSTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45150 years or older in project area. (Review Concluded) D Building or structure listed or 45150 years or older in project area and activity not exempt from review. D Determination ofNo Historic Properties Affected (FEMA fmdinglSHPOrrHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Determination of Historic Properties Affected (FEMA fmdinglSHPOrrHPO 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 fmdinglSHPOrrHPO concurrence on file). Are project conditions required? D Yes (see Section V) D No (Review Concluded) o Adverse Effect Determination (FEMA fmdinglSHPOrrHPO concurrence on file) D Resolution of Adverse Effect completed. (MOA on file) Are project conditions required D Yes (see Section V) 0 No (Review Concluded) ARCHEOLOGICAL RESOURCES 181 Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground. o Project area has no potential for presence ofarcheological resources D Determination of no historic properties affected (FEMA fmdinglSHPOrrHPO 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 fmdinglSHPOrrHPO concurrence on file) Are project conditions required 0 Yes (see Section V) D No (Review Concluded) D Determination ofhistoric properties affected D NR eligible resources not present (FEMA fmdinglSHPorrHPO concurrence on file). Are project conditions required DYes (see Section V) 0 No (Review Concluded) D NR eligible resources present in project area. (FEMA findingl SHPorrHPO concurrence on file) o No Adverse Effect Determination. (FEMA fmdingl SHPOrrHPO concurrence on file) Are project conditions required? D Yes (see Section V) 0 No (Review Concluded) o Adverse Effect Determination. (FEMA fmdingl SHPOrrHPO concurrence on file) o Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) Record of Environmental Consideration (Version 09/12/06) Comments: FEMA'S Programmatic Agreement (PA), dated December 3, 2004, provides for expedited project review under Section 106 of the National Historic Preservation Act (NHPA). The scope ofwork as submitted in this pw has been reviewed and meets the criteria outlined in appendix A, progranunatic allowances, section {II-H, II-A2, II-A4, II-CI, II-DI, II-D2, II-B I, II-C2, H-E I}, 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 re-evaluation under Section 106 and consultation with the SHPO. Non-compliance may jeopardize the receipt of federal funding. This concludes the Section 106 review for this project. Co"espondence!ConsultationIRejerences: NHPA effect determinations made by V.Gomez, Historic Preservation Specialist Reviewer Name: Adam Borden, Env. Specialist Project NamclEnv. Database No: Marshall, Thurgood, Middle &bool FEMA-160J/1607-DR-LA PW#13575 Parisb: Orleans B. Endangered Species Act 181 No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. . 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 Department ofNatural Resources (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/ConsultatlonIRejerences: LDNR Louisiana Coastal Zone map 2002. F. Fish and Wildlife Coordination Act \81 Project does not affect, control, or modify a waterwaylbody ofwater. (Review Concluded) o Project affects controls or modifies a waterwaylbody of water. o Coordination with USFWS conducted D No Recommendations offered by USFWS. (Review Concluded) D Recommendations provided by USFWS. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: No streams or water bodies are located in or near the project area. Correspondence/ConsuitatlonlRe/erences: Louisiana Map Orttp:/lwwwlamap.doa.louisiana.govD queried 09112/06. G. Clean Air Act o Project will not result in permanent air emissions. (Review Concluded) \81 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: This project involves the demolition or renovation of a public structure. Regardless ofthe 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 March 31, 2006, and the LESHAP protocol dated March I, 2006, incorporating the provisions of EPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.III.5IS1 and Chapter 27. Should Asbestos Containing Materials (ACMs) be present at the project site, the applicant is also responsible for ensuring proper disposal in accordance with the previously referenced administrative orders. Correspondence/ConsultatlonIRe/erences: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act \81 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. D Farmland Conversion Impact Rating, Form AD-I006, completed. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: The project site is in a developed urbanized area and Farmland Protection Policy Act (FPPA) is precluded. No prime or unique farmland present. COI'I'espondence/ConsultationIRe/erences: National Resource Conservation Service, Web Soil Survey {bttn:llwebsoilsurvev.nrcs.usda.!!ov/anDl lreferenced 09/12/06. I. Migratory Bird Treaty Act o Project not located within a flyway zone. (Review Concluded) \81 Project located within a flyway zone. \81 Project does not have potential to take migratory birds. (Review Concluded) Record of Environmental Consideration (Version 09/12/06) Reviewer Name: Adam Bordell, Ellv. Specialist ProJec:t NamclEnv. Database No: Marshal" Thurgood, Middle School FEMA·t603/1607·DR·LA PWllt357S Parish: Orleans Are project conditions required? D Yes (see section V) 181 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/ColISultationIReferences: USFWS guidance letter dated September 15 2005 for Katrina J. Magnuson-Stevens Fishery Conservation and Management Act 181 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: Project is not located in or near any surface waters with the potential to affect EFH species. Correspondence/Co1tSultatlonIRejerences: Louisiana Map Qrttp:llwwwlamap.doa.louisiana.govD referenced 09/6/06. K. Wild and Scenic Rivers Act 181 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/ColISultatlonIRejerences: National Wild and Scenic Rivers http://www.nps.gov/riversiwildriverslis1.html. referenced 09/12106 . L. Other Relevant Laws and Environmental Regulations State Hazardous Materials and Solid Waste Laws Comments:· In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana parishes ofCalcasieu, Cameron, Jefferson Davis, Orleans, Jefferson, Plaquemines, S1. Bernard, S1. Charles, S1. 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 ofthe Louisiana Department ofAgriculture and forestry or his designee(s). -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 ofsites damaged as a result ofsuch operations are ineligible for federal funding. Previously obligated funding is subject to de-obligation if a determination of ineligibility is made. Record of Environmental Consideration (Version 09/12/06) Reviewer Nlme: Adlm Borden, Env. Speciliist Projeet Nlme/Env. DltablH No: Mlnhlll, Thurgood, Middle School FEMA-160J/1607-DR-LA PWIIlJS7S Plrlsh: Orleans II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains o No Effect on FloodplainsIFlood levels and project outside Floodplain -(Review Concluded) [8J Located in Floodplain or Effects on FloodplainsIFlood 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? [8J YES (see Section V) 0 NO (Review Concluded) Comments: The site is located in Zone A4. http://store.msc.fema.gov/webapp/wcslstoreslservletlFemaWelcomeView?storeId=10001&catalogId=10001&Iangld=-I , The city ofNew Orleans I Orleans Parish enrolled in the National Flood Insurance Program (NFIP) as of 08/03/1970. Facility is located within an ItA4" zone, area of 100-)'1' flooding, base flood elevations and flood hazard factors as detennined 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, mitgation 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 ofcompleted public notice is to be forwarded to FEMA and LA GOHSEP for inclusion in the permanent project files. A. C. Clark, Floodplain Specialist Com!spondence/Consultatlon!Rejerences: FEMA Flood Insurance Rate Map, Community Panel No. # 2252030095 E, dated 03/0111984 B. E.O.11990 -Wetlands [8J 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 -