Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project NameINumber: Abrams Elementary School! PW 14861 rroiect Location; 6519 \'irgilian, City of New Orleans, Louisiana, Orleans Parish 70126 (N30.02042,-W90.01714) Project Description: Project activities include removing and legally disposing of the building and foundation piers; cleaning the site of foundation debris, canopy posts, etc; and replacing the modular classroom space (1536 square feet) with an equivalent area portable classroom space. Current codes and standards will apply to the new construction. 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) [gj (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) [gj Programmatic Categorical Exclusion -Category (xv) (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) D Environmental Impact Statement Comments: Refer to Programmatic Categorical Exclusion Restoration and/or Improvement ofExternal Facility Systems and Components and Restoration and/or Improvement oflnternaI Facility Systems and Components dated 09/01/2005. See attached. Reviewer and Approvals o Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Perry J. Boudreaux, Environmental Specialist Date 12/8/2006 FEMA Regional Environmental Officer or delegated approving officiaL Name: Howard R Bush, ELO . Date __~:"'='=:='::::"_____--' Signature~'~ I. Compliance Review for Environmental Laws (other than NEPAl A. National Historic Preservation Act [8J Not type of activity with potential to affect historic properties. (Review Concluded) D Applicable executed Programmatic Agreement December 3, 2004 Otherwise, conduct standard Section 106 review. D Activity meets Programmatic Allowance. Are project conditions required? [8J Yes (see section V) D No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES [8J 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 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 (FEMA findingiSHPOrrHPO 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 findingiSHPOrrHPO concurrence on file). Are project conditions required? D Yes (see section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPOrrHPO 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 [8J 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 findingiSHPO/THPO concurrence or consultation on file). (Review Concluded) D Project area has potential for presence of archeological resources 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 D NR eligible resources not present (FEMA findingiSHPO/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 findingl SHPOrrHPO concurrence on file) D No Adverse Effect Determination. (FEMA findingl SHPOrrHPO concurrence on file) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Adverse Effect Determination. (FEMA findingl SHPOrrHPO concurrence on file) D Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? 0 Yes (see section V) 0 No ,---....._________________(...R...e_v...ie_w_C_o_n_cl...u...d...ed_)"--___________________---, Comments: 12/07/06 -These comments are based upon the condition that no changes exist between this pw and the approved scope for pw 10470. Any changes to the scope, including hazard mitigation proposals, will require resubmittal for review. The structure(s) does not meet the SO-year-criterion, nor does it possess the level of exceptional importance required by Criteria Consideration G ofthe National Register guidelines to be considered eligible for the National Register of Historic Places. Therefore, the proposed work will have no effect on standing historic properties. Scope ofwork indicates ground disturbing activities associated with the demolition and rebuild ofthe modular structures within their pre . d iSClSlcr fOOlpi;,1 only. Upon consulIati,)l1 of data pr,)\ idcd :-,y lhc Sial<: H :storic Presav;ui011 Ofiicer (SHPO). there are no known archaeological sites within .S miles ofthe project area. Demolition must follow the low impact demolition stipulations & additional protocols which are attached. Ifduring 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 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 ofthe discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division of Archeology at 22S-342-8170) within seventy-two hours ofthe discovery Correspondence/Consultation/References: B. Endangered Species Act [8J 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) IComments: None C. Coastal Barrier Resources Act [8J 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 350S.a.6. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act [8J 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 404/40l/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see section V) 0 NO (Review Concluded) Record ofEnvironmental Consideration 3 12/08/06 Comments. Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: E. Coastal Zone Management Act 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 aneor affects the c03s1al zone I:8l 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 Department of Natural Resources 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 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act I:8l 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) NO (Review Concluded) ments: Project is not in or adjacent to any waterways of the US. respondence/Consultation/References.; G. Clean Air Act [8J 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. Coordination required with applicable state administering agency .. Are project conditions required? D YES (see section V) D NO (Review Concluded) t will not result in permanent air emissions. onsultation/References: H. Farmland Protection Policy Act I:8l Project does not affect designated prime or unique farmland. (Review Concluded) D Project causes unnecessary or irreversible conversion ofdesignated prime or unique farmland. D Coordination with Natural Resource Conservation Commission required. D Farmland Conversion Impact Rating, Form AD-1006, 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) I:8l Project located within a flyway zone. [.'gJ Project does not have potential to take migratory birds. (Review Concluded) Record of Environmental Consideration 4 12108/06 Are project conditions required? Yes (see section V) [8J 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) 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 fi~h a:ld \'.ildlife res::-rves. These determinations are b;]sed on the understanding that the conditions outlined in the Louisian:l Endangered Species Summary are met. Correspondence/Consultation/References: hI!p':/jQacificllywuy.g()v/QQ9uments/Mississilmi map.pdf: J. Magnuson-Stevens Fishery Conservation and Management Act [8J 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 determination/USFWSINMFS concurreflce 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 [8J 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. (NPSIUSFSIUSFWS/BLM 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 pondence/ConsultationiReferences: 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) [8J Located in Floodplain or Effects on Floodplains/Flood levels [8J No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? [8J Yes (see section V) D No (Review Concluded) D Beneficial Effect on Floodplain OccupancyNalues (Review Concluded). D Possible adverse effects associated with investment in floodplain, occupancy or modification offloodplain environment D 8 Step Process Complete -documentation on file Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments 12/06/2006 -The City of New Orleans 1Orleans Parish is enrolled in the National Flood Insurance Program (NFIP) as of 08/03/1970. Per Flood Insurance Rate Map (FIRM) panel number 2252030 115 e dated 03/0 1/1984, project is located within an "A4" Zone, area of IOO-yr flooding, base flood elevations and flood hazard factors as determined. Project is replacement of building and replacement of contents. Applicant is required to coordinate with local floodplain administrator regarding floodplain permit(s) prior to the start of any activities. Applicant is responsible for meeting all requirements of the permit(s). All coordination pertaining to these permit(s) should be documented to the local floodplain administrator and copies provided to La GOHSEP and FEMA as part of the permanent project files. In compliance with EO 11988, a completed 8-step process showing considered alternatives is attached. Per 44 CFR 9.11 alternatives were rf.'vi('\\·ed PCI ..;\ CFR 9.11(d) \9), thc replacement orbuildi:lg (onlc!1E. m3;cli3!s "nd equipmcnt, \\h.:re possible, disaster proofing of the building and/or elimination of such future losses by relocation of those building contents, materials and equipment to or above the advisory base floodplain. A. C. Clark, CFM, Floodplain Correspondence/Consultation/References: B. E.O. 11990 -Wetlands [gI 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 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: None Correspondence/Consult at ion/References: C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations [gI 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. Ifthe circumstance can be mitigated, please explain in comments. Ifno, leave blank. Yes D (i) Greater scope or size than normally experienced for a particular category ofaction D (ii) Actions with a high level of public controversy D (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; D (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; D (v) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; D (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attcntinn: D (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; D (viii) Potential for adverse effects on health or safety; and D (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection of the environment. D (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. IComments: None v. Environmental Review Project Conditions Project Conditions: 1. This project must comply with all conditions of the attached Programmatic Categorical Exclusions. 2. Applicant is required to coordinate with local floodplain administrator regarding floodplain permit( s) prior to the start of any activities. Applicant is responsible for meeting all requirements of the permit(s). All coordination pertaining to these permit(s), should be documented to the local floodplain administrator and copies provided to La GOHSEP and FEMA as part of the permanent project files. 3. Per 44 CFR 9.11 alternatives were reviewed. Per 44 CFR 9 .11 (d) (9), the replacement of building contents, materials and equipment, where possible, disaster proofing of the building and/or elimination of such future losses by relocation of those building contents, materials and equipment to or above the advisory base floodplain. 4. Demolition must follow the low impact demolition stipulations & additional protocols which are attached. The stipulations and protocols should be explicit in the demolition contract. Failure to comply with these stipulations & additional protocols will jeopardize receipt of federal funding. 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 inform their Public Assistance (P A) 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 of the 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. 6. 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, h;lzarJous materials andlor tGxic wask in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 7. This project involves the demolition or renovation of a public structure that may contain surfaces coated with lead-based paint (LBP). Activities involving abrading (sanding, scraping, etc.), heating, stripping, or otherwise concentrating 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 involves the demolition or renovation of a public structure. 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 "Seventh Amended Declaration of Emergency and Administrative Order" dated August 28,2006, incorporating the provisions of EPA's National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.111.5151 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 order. 9. 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 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). Monitoring Requirements: None