Record of Environmental Consideration REVISED FOR FEMA ENVmONMENTAL --LOUISIANA See 44 Code of Federal Regulation Part 10 Project NamelNumber: Sherwood Forest Elementary School-Modular 1 -PW 15027V3 Applicant Name: Recovery School District Project Location: 480 I Maid Marion Street New Orleans, Louisiana 70128 Latitude: 30.02479 Longitude: -89.95495 Project Description: Hurricane Katrina caused catastrophic damage on August 29, 2005 to Sherwood Forest Elementary School. This project is one among a total of22 contributing (donor) facilities approved by FEMA for replacement. The Recovery School District chooses to use eligible funds for this replacement project (less demolition costs) towards the renovation of another existing RSD school. This project scope ofwork includes only the demolition and disposal of Sherwood Forest Elementary School-Modular 1. tional En}' . ronmental Polic Act EPA Determination . ' Statutorily excluded from NEP A review (Review Concluded) o . Pr9gra.~matic Categorical Exclusion o Categorical Exclusion -Category 0,.No Extraordinary Circumstances exist. !, ,; '\ i .'~' Ar~:project conditions required? 0 Yes (see section V) No'(Revlew Concluded) o Extraordinary Circumstances exist (see Section IV). Extraordinary Circumstances mitigated. (see Section IV comments) Are project conditions required? 0 Yes (see section V) No (Review Concluded) o Environmental Assessment o Supplemental Environmental Assessment (Reference EA or PEA in comments) o Environmental Impact Statement [g1 Scope of work requires public involvement plan Comments: This project meets the criteria to utilize the Alternative Arrangements process ,within the National Environmental Policy Act (NEPA) approved by the Council on Environmental Quality, Department of Homeland Security, IlnQ FEMA on ~/23/06. Based on documentation provided by the applicant, FEMA has determined that the Recovery School Of~tridt hhs c6t¥lucted a satisfactory process of public involvement and outreach in its projeh development and is otherwise eligibld for consideration under Alternative Arrangements for NEPA compliance. The Recovery School District is reSponsible fdr'archiving public involvement materials. This material will be available at close-out for authentication and such documentation will be made available for the closeout reviewer. o Project'is Non-Compliant (see attached documentation justifying selecti6ii)t;y" Reviewer and Approvals FEMA Environmental Revie er: / / Date ~llt ~a y. FEMA Environmental Liaison ffi er or Delegated Approving Official: Name: Cynt uty Environmental Liaison Officer, FEMA LA TRO ,: '", k rn. Signature ~ Date __'{----'..\_d_'-=-,----',"'-__-" Name: Cather' al Specialist, FEMA LA-TRO Signature -I--f-_~~_-+-+---t_~q-:.::..-.__ Record of Environmental Consideration (Version April 2007) I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act (NHP A) D Not type of activity with potential to affect historic structures or archaeological resources (Review Concluded) D Activity meets Programmatic Agreement, December 3,2004. Appendix A: Allowance No. Are project conditions required? D Yes (see Section V) D No I2J Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see comments). D,Oth~rProgrammatic Agreement dated applies HISTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) I2J Building or structure listed or 45/50 years or older in project area and activity not exempt from review. I2J Determination ofNo Historic Properties Affected (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required? I2J Yes (see Section V) D No (Review Concluded) D Determination of Historic Properties Affected (FEMA findingiSHPOITHPO 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 findingiSHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPOITHPO 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 "d,' D Project scope of work has no potential to affect archeological resources (Review Concluded) 18J. PrQject affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with a historic structure ,D,Pr.oJect area has no potential for presence of archeological resources ':.:, i" D Determination of no historic properties affected (FEMA findingiSHPOI.THPO concurrence on file) . ,I (Review Concluded) . ",, : . D P~oject area has potential for presence of archeological resources : . f. '\) ,.' . . D Determination of no historic properties affected (FEMA findinglSHRQ(fHPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) Determination of historic properties affected D NR eligible resources not present (FEMA findingiSHPO/THPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) D NR eligible resources present in project area (FEMA findingiSHPOITHPO concurrence on file) o No Adverse Effect Determination (FEMA findingl SHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA finding/SHPOITHPO concurrence on file) D Resolution of Adverse Effect completed (MOA on file) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) Comm~nts:Ar:eview ofVersion3 of this PW was conducted on this date. Based on the information contained therein, the Historic Preservation Determination of Version 2, dated 11/7/07, is unchanged and as such, is applicable to this version. All previous com.n1ents and conditions are stilI applicable. No further review is required unless, there is a change to the scope ofwork. Correspo/tdem:e!ConsultationiRe/erences: -R.Anchors, Historic Preservation Specialis~ B. Endangered Species Act I2J 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) Record ofEnvironmental Consideration (Version April 2007) '" ,Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) [] May affect, but not likely to adversely affect species or designated critical hal:Htltt (FEMA determinationJUSFWSINMFS 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 ·.0 Formal consultation concluded, (Biological Assessment and Biologkal Opinion on file) Are project conditions required? 0 YES (see Section V) 0 NO (Revlew Concluded) Comments: Project is located in an urban or previously developed area. Neither listed species nor their habitat occur in or near this site, thus FEMA finds there will be no effect to threatened or endangered species. Correspondence/Consultation/References: USFWS emergency consultation provisions determined in letters dated September 15, 2005 for Katrina. C. Coastal Barrier Resources Act r8J Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). oProject is on or connected to CBRA Unit or Otherwise Protected Area, (FEMA determination/USFWS consultation on file) o Proposed action an exception under Section 3505,a,6 (Review ConcludedL ' o Pr\5posed action not excepted under Section 3505,a,6, "i,..!!:!;!~~L Ate' project conditions required? 0 YES (see Section V) 0 NO (RevieW~ah~luded) : .~ " ' I . Comments: Pr~ject is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System:M D. Clean Water Act r8J 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 of Clean Water Act or Section 9/1 0 of Rivers and Harbors Act permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) of>roject would affect waters ofthe U.S. by discharging to a surface water body. Comments: No jurisdictional waters of the U.S., including wetlands, occur in the project area. Correspondenc~Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwil) queried on 04121109.. ";' L .·!n· E. Coast~[Zone Management Act .'. D Projeat is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) r8J Project is located in a coastal zone area andlor affects the coastal zone ::l ;\ :;.:1, -[2J State administering agency does not require consistency review. (Review·c'~nciuded). o Stl\te 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 1800- 276-4019. Correspondence/Consultation/References: Louisiana Coastal Zone maps queried 04/21/09. F. Fish and Wildlife Coordination Act r8J Project d01;s.1'lot affect, control, or modify a waterway/body of water. (Review Concluded) o Project affects, controls or modifies a waterway/body of water. D Coordination with USFWS conducted o No Recommendations offered by USFWS. (Review Concluded) ~. . t, 0 Recommendations provided by USFWS. '.I" f, tl,.1 Recordof.Envjionmental Consideration (Version April 2007) Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: No streams or water bodies are located in or near the project area. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) queried 04/21109. G. Clean Air Act cgj 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 . . DCoordination required with applicable state administering agency. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: This project involves the renovation of a public structure. The proposed project includes activities that would produce a minor, temporary, and localized impact on air quality from fugitive dust particles. No long-term air quality impact is anticipated. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act cgj Project will not affect undisturbed ground. (Review Concluded) D Project has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) D 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 Resources Conservation Service required. . D Farmland Conversion Impact Rating, Form AD-l 006, completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) -.', Commknts: T~e project site is in a developed urbanized area and Farmland Protection Policy Act (FPPA) is precluded. No prime or uniqlte farmland present. , .". Correspondence/Consultation/References: National Resource Conservation Service, We"b Soil Survey (http://websoilsurvev .nrcs.usda.gov/aop/ ) referenced 04/21/09. ,'i' I.. Mjgr~tQry Bird Treaty Act D Project not located within a flyway zone (Review Concluded) cgj Project located within a flyway zone. [8] Project does not have potential to take migratory birds (Review Concluded) Are project conditions required? 0 Yes (see section V) cgj No (Review Concluded) o 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/Consultation/References: USFWS guidance letter dated September 27;'2{)05. J~' Magnu,son-Stevens Fishery Conservation and Management Act cgj Project not located in or near Essential Fish Habitat (Review Concluded)·, o Proje.et located in or near Essential Fish Habitat. o Project does not adversely affect Essential Fish Habitat (Review Concluded) Aie project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) . 'b;Pr~Ject adversely affects Essential Fish Habitat (FEMA determination/USFWSINMFS concurrence on file) o NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? 0 Yes (see Section V) D No (Review Concluded) D 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) Record ofEnvironmental Consideration (Version April 2007) Comments: Project is not located in any surface waters with the potential to affect EFH species. Correspondencl!lConsultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) referenced 04/21/09. i· K. Wild and Scenic Rivers Act I3J Project i~i1ot along and does not affect Wild or Scenic River (WSR) -(Review Contfuded) D Project Isalong or affects WSR 'c'.' , 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: Project is not along and does not affect Wild or Scenic River (WSR). Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.html. L. Resource Conservation and Recovery Act Slate Hazardous Materials and Solid Waste Laws and Resource Conservation and RecoveryAct Qi/mmtnts: Thb renovation activities associated with this project may result in various tYP~stbfdebris and wastes, some of wh'ich may be hazardous. Therefore, all debris and waste must be treated, stored, and disp6~Jd of in a propet manner and location. (See Section V) • ~ 11 ,. II. <:;omtiliance Review for Executive Orders A. E.O. 11988 -Floodplains IZI No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) D Located in Floodplain or Effects on Floodplains/Flood levels D No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Beneficial Effect on Floodplain OccupancylValues (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 .(l$eview Concluded) \ . '¥~,\, C()",men(s: This version is for the demolition of the facility. The remaining replacement funds will be de-obligated and applied'to an alternate project involving another facility. No further floodplain review will be forthcoming for PW listed unless there should be a re-obligation of funds or changes to the scope of work. C,?rrespppdenceiConsultation/References: Melanie Sibley, Environmental Specialist.'FloodPlain B. E.O. 11990 -Wetlands IZI No Effects on Wetland(s) andlor 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: No wetlands were determined to be present by checking the USFWS Nationa\;),{etlands Inventory (NWI) maps. Correspondence/Consultation/References: USFWS NWI map accessed on-line. '.( htfp:llwetlandsfws.er. usgs. gov/wtlnds/launch.htm I) 04/20/2009. , 1' c. E.O.12898 -Environmental Justice for Low Income and Minority Populations Record of Environmental Consideration (Version April 2007) -1-'!, :~:(.:.:!. o Project scope of work has no potential to adversely impact any population (Review Concluded) o No Lo.w in¥pme or minority population in, near or affected by the project based on inf9.rn;~tion gathered from [add a reference] (Review Concluded) I:8J LoW incom«;: or minority population in or near project area o No disproportionately high and adverse impact on low income or minority pO'plHation (Review Concluded) C8J Disproportionately high or adverse effects on low income or minority population Are project conditions required? I:8J YES (see Section V) 0 NO (Review ConCluded) Comments The percent populations of70128 are: 31.9% Black, 64% White, and 3.0% Hispanic. The median household income in 1999 was $ 40,160 and 15.0% of families are below poverty level. This project involves the demolition and abandonment ofa public school. Costs associated with rebuilding this school will be applied to the reconstruction ofother schools throughout Orleans Parish. This action takes into consideration the changed demographics as a result of the storm; the changed cultural environment subsequent to the age ofschool integration; and the substandard functionality of the existing buildings. This action is considered to be the best alternative for the welfare ofthe students. One ofthe main goals ofthe RSD Master Plan was to ensure the maximization of public involvement and develop a plan that is embraced by the public. Numerous public meetings were held in developing the Master Plan. The meetings were meticulOUSly Q,qcumented and public comments were correlated for consideration in the ~\;;ui'J f,')( ,~'. ~ , '!,.~{ The Recqy~ry,~chool District is responsible for archiving public involvement materials. This material will be available at close-out for f).uthentication and such documentation will be made available for the cIose9,~~~viewer. I I ; Correspondent;e;ConsultationlRe!erences: U.S. Census bureau 2000 data at http://factfinder.census.gov, referenced 04/21/09. ;~I' r'-~''''"1 HI. 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 checkJist for guidance). IV. Extraordinary Circumstances I', \ Yes, " ,', ' '" .' O)9reater scope or size than normally experienced for a particular category 8l~~tion (ii) Actions with a high level of public controversy : ,0, \,(iii)Potential for degradation, even though slight, ofalready existing poor environmental .. conditions; 8 o (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; [j (,,) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; o (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention; o (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; 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 ofthe environment. (x) Potential for significant cumulative impact when the proposed action is cornbined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves. : f Record' ofEnvironmental Consideration (Version April 2007) ,\'-' Comments: V. Environmental Review Project Conditions Project Conditions: This project must comply with all conditions of the attached ProgrammatkCategorical Exclusion. In addition, thefoJIowing conditions apply as a condition ofFEMA funding reimbursement: • In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana parish of Orleans is 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 ofAgriculture and Forestry or ,~is dellignee(s). , .i.' • Applicant is responsible to ensure potential hazardous materials, if any, shall be removed, handled, transported and disposed of in accordance with local, state and federal compliance requirements. • 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 (PA) contacts at FEMA, who will in tum contact FEMA Historic Preservation (HP) staff. The applicant will not proceed with work until FEMA HP completes consultation with the 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 twerlty-four hours of the discovery. The applicant shall also notify FEMA and the Louisiana Division ofArchaeology; at' 225-342-8170 within seventytwo hours of the discovery. If this scope ofwork and/or the footprint/location ofthe new building changes, this projectwill need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place. faiJUI:~~to comply with these stipulations may jeopardize receipt offederal funding. • The. R!,-!covery School District is responsible for archiving public involvemem,wat~rials. This material will be available at close-out for authentication and such documentation will be made available for the closeout reviewer. : i ~ Record ofEnvironmental Consideration (Version April 2007)