Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL -LOUISIANA -April 2007 See 44 Code of Federal Regulation Part 10 Project Name/Number: EPL 0035-Phoenix High School/ PW 4987 Version 3 Applicant Name: Plaquemines Parish School Board Project Location: 13073 Highway 15, Braithwaite, Plaquemines Parish, Louisiana 70040, Latitude: 29.64309, Longitude: -89.93016 Project Description: On August 29, 2005 strong winds, heavy rains and storm surge caused extensive damage to Phoenix High School. Previous versions of this project have addressed repairs to the main building, old gymnasium and new gymnasium. The scope of work for this project is the replacement of the main building in-kind with code upgrades in the pre-disaster location. The main building includes the cafeteria, shop and boiler room, classrooms, and attached science building. The building is a one story, concrete framed structure with a flat built-up roof. It was built in 1955. The attached science building is a one story, steel framed structure with a sloped metal roof. The main building has an area of 42,770 square feet. National Environmental Policy Act (NEPA) Determination I I Statutorily excluded from NEPA review (Review Concluded) [~1 Programmatic Categorical Exclusion -(Review Concluded) E3 Categorical Exclusion -Category xv [3 No Extraordinary Circumstances exist. Are project conditions required? [3 Yes (see section V) O No(Review Concluded) C] Extraordinary Circumstances exist(seeSection IV). d Extraordinary Circumstances mitigated, (see Section IVcomments) Are project conditions required? CD Yes (see section V)Q No(Review Concluded) I I Environmental Assessment O Supplemental Environmental Assessment (Reference EA or PEA in comments) n Environmental Impact Statement D Scope of work requires public involvement plan Comments: Project fits the criteria of Categorical Exclusion xv: Repair, reconstruction, restoration, elevation, retrofitting, upgradingto currentcodesandstandards, or replacementofanyfacilityina mannerthat substantiallyconformstothepreexisting design, function, and location. O Project isNon-Compliant (see attached documentation justifying selection). Reviewer and Approvals FEMA Environmental Reviewer: Name: Nicole Poret, Environmental Specialist, FEMA LA TRO Signature v[i/^^ Y&^jCfc Date JJllIori FEMA Environmental Liaison Officer or Delegated Approving Official: Name: Cynthia Teeter, Deputy Environmental Liaison Officer, FEMA LA TRO *-7 Signature CtXt^~ Date 9/IaJO^ I. Corirpliance Review for Environmental Laws (other than NEPA) Record of Environmental Consideration (Version April 2007) • Reviewer Name: Nicole Poret Project Name/Env Database No: EPL 0035-Phoenix High School / PW 4987 Version 3 FEMA-1603/1607-DR-LA Parish: Plaquemines A. National Historic Preservation Act (NHPA) fj Nottypeofactivitywithpotentialtoaffecthistoricstructuresorarchaeologicalresources (Review Concluded) t] Activity meets Programmatic Agreement, December 3,2004. Appendix A: Allowance No. Are project conditions required? O Yes(seeSection V) Q No [3 Programmatic Agreement not applicable for historic structures orarcheological sites, must conduct standard Section 106 Review (see below). O Other Programmatic Agreement dated insert date of PA applies HISTORIC BUILDINGS AND STRUCTURES O Nohistoricpropertiesthatarelistedor45/50yearsorolderinprojectarea. (Review Concluded) E>3 Buildingorstructurelistedor45/50yearsorolderinprojectareaandactivitynotexemptfromreview. 1X1DeterminationofNo HistoricPropertiesAffected(FEMAfinding/SHPO/THPO concurrenceonfile) Are project conditions required? ^ Yes (see Section V) O No (Review Concluded) n DeterminationofHistoricPropertiesAffected(FEMAfinding/SHPO/THPO concurrenceonfile) l~l Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments l~l No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) Areproject conditions required? Q Yes (seeSection V) Q No (Review Concluded) I IAdverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile) l~1 Resolution of Adverse Effect completed (MOA on file) Areproject conditions required \Z\ Yes (seeSection V) Q No (Review Concluded) ARCHEOLOGICAL RESOURCES l~lProjectscopeofwork has nopotential toaffect archeological resources (Review Concluded) E3 Project affects only previously disturbed ground. (Review Concluded) O Project affects undisturbed ground or grounds associated with an historic structure C]Project area has nopotentialforpresence ofarcheological resources Q Determinationofnohistoricpropertiesaffected(FEMAfinding/SHPO/THPOconcurrenceonfile) (Review Concluded) l~~l Projectareahaspotentialforpresenceofarcheologicalresources |~| Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence onfile) Are project conditions required \Z\ Yes (see Section V) Q No (ReviewConcluded) I I Determination of historic properties affected f~1 NReligible resources notpresent (FEMA finding/SHPO/THPO concurrence onfile) Are project conditions required Q Yes (see Section V) \Z\ No(Review Concluded) O NR eligible resources present inproject area(FEMA finding/SHPO/THPO concurrence onfile) [~lNo Adverse Effect Determination (FEMA finding/ SHPO/THPO concurrence onfile) Are project conditions required? \~\ Yes (see Section V) \Z\ No(Review Concluded) O Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile) l~l Resolution of Adverse Effect completed (MOA on file) Are project conditions required? Q Yes (see Section V) \Z\ No (Review Concluded) Comments: FEMA, in consultation with the State Historic Preservation Office (SHPO), has determined that this building is neither listed on nor eligible for the National Register of Historic Places. Correspondence/Consultation/References: Jerame J. Cramer, Historic Preservation Specialist/Archaeologist B. Endangered Species Act |^1 Nolisted species and/ordesignated critical habitat present inareas affected directly orindirectlybytheFederal action. (Review Concluded) CH Listedspeciesand/ordesignatedcriticalhabitatpresentinthe areasaffecteddirectlyorindirectlybytheFederalaction. [UNoeffecttospeciesordesignatedcriticalhabitat (Seecommentsforjustification) Are project conditions required? O Yes (see Section V) O No(Review Concluded) n Mayaffect, butnot likelytoadversely affect species ordesignated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? Q Yes (see Section V) Q No(Review Concluded) C] Likely to adversely affect species or designated critical habitat f~l Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Record of Environmental Consideration (Version April 2007) • Reviewer Name: Nicole Poret Project Name/Env Database No: EPL 0035-Phoenix High School / PW 4987 Version 3 FEMA-1603/1607-DR-LA Parish: Plaquemines Are project conditions required? O YES (see Section V) Q NO(ReviewConcluded) Comments: Correspondence/Consultation/References: Endangered Species Summary for USFWS Consultation, letter to Don Fairley dated September 15, 2005 C. Coastal Barrier Resources Act £3 Project isnotonor connectedtoCBRA Unit orOtherwise ProtectedArea(Review Concluded). O Projectisonor connectedtoCBRAUnitorOtherwiseProtectedArea.(FEMAdetermination/USFWSconsultationon file) O Proposed action anexception under Section 3505.a.6 (Review Concluded) [~1 Proposed action notexcepted under Section 3505.a.6. Are project conditions required? \Z\ YES (see Section V) Q NO (ReviewConcluded) Comments: Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced October 15,2007. D. Clean Water Act l~lProjectwould notaffect any waters oftheU.S. (Review Concluded) CD Project would affect waters, including wetlands, oftheU.S. I~l Projectexemptedasinkindreplacementorotherexemption. (Review Concluded) l~l Project requires Section 404/401 of Clean Water Act or Section 9/10 of Rivers and Harbors Act permit, including qualification under Nationwide Permits. Are project conditions required? Q YES (seeSection V) Q NO(Review Concluded) ^ ProjectwouldaffectwatersoftheU.S.bydischargingtoa surfacewaterbody. Comments: Project SOW includes grading and site preparation for a building replacement. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwi/) queried on October 15, 2007. £. Coastal Zone Management Act l~lProject isnot located ina coastal zone areaanddoes notaffect acoastal zone area(Review concluded) E3Project islocated ina coastal zone areaand/or affects thecoastal zone l~lProject would disturb <1 acre, state administering agency does notrequire consistency review. (Review Concluded). E3 ProjecttriggerstheCleanWaterActorcouldaffectawaterway,stateadministeringagencyrequires consistency review. Are project conditions required? ^| YES (see Section V) [3 NO (ReviewConcluded) Comments: Project SOW includes grading and site preparation for a building replacement. Correspondence/Consultation/References: Louisiana Coastal Zone Maps queried October 15, 2007 F. Fish and Wildlife Coordination Act [X] Projectdoesnotaffect,control,ormodifyawaterway/bodyofwater. (Review Concluded) O Project affects, controls or modifies a waterway/body of water. O Coordination with USFWS conducted l~l No Recommendations offered by USFWS. (ReviewConcluded) l~l Recommendations provided by USFWS. Are project conditions required? ED YES (see Section V) Q NO(Review Concluded) \Comments: Nostreamsorwaterbodiesare locatedinorneartheprojectarea. Correspondence/Consultation/References: Nicole Poret, Environmental Specialist G. Clean Air Act E3Projectwill notresult inpermanent airemissions. (ReviewConcluded) Record of Environmental Consideration (Version April 2007) 1Reviewer Name: Nicole Poret Project Name/Env Database No: EPL 0035-Phoenix High School / PW 4987 Version 3 FEMA-1603/1607-DR-LA Parish: Plaquemines l~lProjectislocated inan attainment area. (Review Concluded) C]Project islocated ina non-attainment area. O Coordination required with applicable state administering agency. Are project conditions required? O YES (see section V) Q NO (Review Concluded) Comments: This project involves the demolition or renovation of a public structure. The proposed project includes activities that would produce a minor, temporary, and localized impact on air quality from vehicle emissions and 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 [K] Project will not affect undisturbed ground. (Review Concluded) [UProject has azoning classification that isotherthan agricultural orisinan urbanized area. (Review Concluded) O Project does not affect designated prime or unique farmland. (Review Concluded) l~l Projectcausesunnecessaryorirreversibleconversionofdesignatedprimeoruniquefarmland. I~~l Coordination with Natural Resources Conservation Service required. I~| Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? D YES (see section V) Q NO(ReviewConcluded) Comments: The project site is in a developed urbanized area and FPPA is precluded. Correspondence/Consultation/References: http://websoilsurvey.nrcs.usda.gov/app/ I. Migratory Bird Treaty Act I""! Project notlocated within a flyway zone (Review Concluded) ^ Project located within a flyway zone. ^ Projectdoesnothavepotentialtotakemigratorybirds (Review Concluded) Are project conditions required? O Yes (see section V) O No(Review Concluded) O Projecthaspotentialtotakemigratorybirds. • Contactmadewith USFWS Areproject conditions required? Q YES (seesection V) Q 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, 2005. J. Magnuson-Stevens Fishery Conservation and Management Act ^ ProjectnotlocatedinornearEssentialFishHabitat (ReviewConcluded) CD Project located inornearEssential Fish Habitat. LZI Project does notadversely affect Essential Fish Habitat (Review Concluded) Are project conditions required? \Z\ Yes (see Section V) dl No (Review Concluded) l~lProject adversely affects Essential Fish Habitat(FEMA determination/USFWS/NMFS concurrenceonfile) I INOAA Fisheries provided norecommendation(s) (Review Concluded). Areproject conditions required? Q Yes (seeSection V) Q No (Review Concluded) l~l NOAA Fisheries provided recommendation(s) I IWritten reply toNOAA Fisheries recommendations completed. Areproject conditions required? Q YES (see Section V) Q NO(ReviewConcluded) Comments: Project is not located in or near any surface waters with the potential to affect EFH species. Correspondence/Consultation/References: Nicole Poret, Environmental Specialist K. Wild and Scenic Rivers Act U^\ Projectisnotalong and does notaffect Wild orScenic River (WSR)-(ReviewConcluded) C] Project is along or affects WSR O ProjectadverselyaffectsWSRasdeterminedbyNPS/USFS. FEMA cannot fund the action. (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) • Project does not adversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file) Record of Environmental Consideration (Version April 2007) • Reviewer Name: Nicole Poret Project Name/Env Database No: EPL 0035-Phoenix High School / PW 4987 Version 3 FEMA-1603/1607-DR-LA Parish: Plaquemines Are project conditions required? O YES (see Section V) O NO(ReviewConcluded) Comments: Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.html. L. Resource Conservation and Recovery Act Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items(orevidencethereof)are discoveredduringimplementationofthe project, applicantshallhandle,manage,and dispose of petroleum products, hazardous materials (such as asbestos and lead based paint) and/or toxic waste in accordance tothe requirements and tothe satisfaction ofthe governing local, state and federal agencies. M. Other Relevant Laws and Environmental Regulations 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). II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains n NoEffect onFloodplains/Flood levels and project outside Floodplain -(Review Concluded) £<] LocatedinFloodplainorEffectsonFloodplains/Floodlevels dlNoadverseeffectonfloodplain andnotadverselyaffectedbythefloodplain. (Review Concluded). Are project conditions required? fj Yes (see Section V) D No (Review Concluded) l~lBeneficial EffectonFloodplain Occupancy/Values (Review Concluded). [X] Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment E38 Step Process Complete -documentation onfile Are project conditions required? ^ YES (see Section V) \Z\ NO(Review Concluded) LZI A Final Public Notice is required Comments: Plaquemines Parish enrolled in the National Flood Insurance Program (NFIP) on 05/01/1985. Per Flood Insurance Rate Map (FIRM) panel number 2201390170 B, dated 05/01/1985, project is located in zone "B", area protected from 100-yr flood by levee, dike, or other structure subject to failure or overtopping during larger floods. Correspondence/Consultation/References: Flood Insurance Rate Map (FIRM) panel number 2201390170 B, A. Clark, CFM B. E.0.11990 -Wetlands ^ NoEffects onWetland(s) and/or project located outside Wetland(s) -(Review Concluded) QT] Located in Wetland or effects Wetland(s) O BeneficialEffect on Wetland -(Review Concluded) l~lPossible adverse effect associated with constructing inornearwetland I IReview completed aspartof floodplain review I I8 StepProcessComplete-documentationonfile Are project conditions required? d YES (see Section V) CD NO (Review Concluded) Comments: Correspondence/Consultation/References: USFWS NWI map accessed on-line October 15, 2007. C. E.0.12898 -Environmental Justice for Low Income and Minority Populations Record of Environmental Consideration (Version April 2007) . Reviewer Name: Nicole Poret Project Name/Env Database No: EPL 0035-Phoenix High School / PW 4987 Version 3 FEMA-1603/1607-DR-LA Parish: Plaquemines 13Projectscopeofwork has no potentialtoadversely impact any population (ReviewConcluded) • No Low income orminority population in, near oraffected by the project based on information gathered from [add a reference] (Review Concluded) C]Low income orminoritypopulation inornear project area d No disproportionately high and adverse impact on low income orminority population (Review Concluded) CD Disproportionately high oradverse effects on low income orminority population Are project conditions required? • YES (see Section V) • NO(Review Concluded) Comments: Correspondence/Consultation/References: Nicole Poret, Environmental Specialist III. Other Environmental Issues Comments: None Correspondence/Consultation/Reference: IV. Extraordinary Circumstances Yes l~l (i)Greater scope orsize than normally experienced for aparticular category ofaction l~1 (ii) Actions with ahigh level ofpublic controversy l~l (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; l~l (iv) Employment ofunproven technology with potential adverse effects oractions involving unique or unknown environmental risks; l~1 (v) Presence ofendangered orthreatened species ortheir critical habitat, orarchaeological, cultural, historical or other protected resources; l~~l (vi)PresenceofhazardousortoxicsubstancesatlevelswhichexceedFederal,stateor local regulations or standards requiring action or attention; CU (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; 0 (viii) Potential foradverse effects onhealth orsafety; and CH (ix)Potentialtoviolateafederal,state,localortriballaworrequirementimposedforthe protection of the environment. [~1 (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. Comments: V. Environmental Review Project Conditions Project Conditions: The following conditions apply as a condition of FEMA funding reimbursement: 1. Project is replacement of building and components, and must be coordinated and complied with the local floodplain administrator. Per 44 CFR 9.11 (d) (9), mitigation or minimization standards must be applied where possible. The replacement of building contents, materials and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the Advisory Base Flood Elevation (ABFE) per the ABFE maps. Per Advisory Base Flood Elevation maps (ABFE), an ABFE for this area has yet to be established. Per public assistance guidance, the best available data is to be used for the minimum required elevation and can be found in the Flood Insurance Study (FIS) from 1984. Adjustments to the elevation may change if determinations of final ABFEs are made for Plaquemines Parish. Record of Environmental Consideration (Version April 2007) 6 •• Reviewer Name: Nicole Poret Project Name/Env Database No: EPL 0035-Phoenix High School / PW 4987 Version 3 FEMA-1603/1607-DR-LA Parish: Plaquemines 2. Unusable equipment, debris and material shall be disposed ofin an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation ofthe project, applicant shall handle, manage, and dispose ofpetroleum products, hazardous materials (such as asbestos and lead based paint) 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 of wood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood salvaged from astructure) may not leave the quarantined parishes without written authorization from the Commissioner ofthe Louisiana Department of Agriculture and Forestry or his designee(s). 4. This project involves the demolition or renovation ofapublic structure. Regardless ofthe asbestos content, the applicantis responsible for ensuring that renovation or demolition activities are coordinated with the Louisiana Department of Environmental Quality (LDEQ) in accordance with the LDEQ "Tenth Amended Declaration ofEmergency and Administrative Order" dated May 14, 2007, and the Louisianan Emission Standards for Hazardous Air Pollutants (LESHAP) protocol dated March 1, 2006, incorporating the provisions of the Environmental Protection Agency's (EPA's) National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Louisiana Administrative Code (LAC) 33.iii.5151 and Chapter 27. Should asbestos containing materials (acms) be present at the project site, the applicant is also responsible for ensuring proper disposal inaccordance with the previously referenced administrative orders. Documentation should be forwarded to Louisiana Governor's Office ofHomeland Security and Emergency Preparedness (LA GOHSEP) and FEMA for inclusion inthepermanent project files. 5. To reduce potential short term effects to air quality from construction related activities, the contractor will be responsible for keeping all excavated areas periodically sprayed with water (when dry), all construction vehicles should be limited to 15 mph in the work area, and all equipment maintained in good working order to minimize pollution/fugitive dust. 6. This project is located within the Louisiana Coastal Management Zone. Louisiana Department ofNatural Resources (LDNR) has determined that receipt offederal assistance is consistent with the Louisiana Coastal Resource Program. Projects within the coastal zone may still require aCoastal Use Permit or other authorization from LDNR. Projects may be coordinated bycontactingLDNRat 1-800-276-4019. 7. Ifduring the course ofwork, archaeological artifacts (prehistoric or historic) or human remains are discovered, the applicant shall stop work inthe vicinityofthe discovery and take allreasonable measures toavoid orminimize harm tothe finds. The applicant shall inform their Public Assistance (PA) contacts atFEMA, who will inturn contact FEMA Historic Preservation (HP) staff. The applicant will not proceed with work until FEMA HP completes consultation with the 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. The applicant shall also notify FEMA and the Louisiana Division of Archaeology at 225-342-8170 within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardizereceipt of FEMAfunding. 8. Ifrequired by the Louisiana Department ofEnvironmental Quality (LDEQ), the applicant shall require its contractor to prepare, certify, and implement a construction Storm Water Pollution Prevention Plan to prevent sediment and construction material transport from the sites (regulated under the Louisiana Pollutant Discharge Elimination System (LPDES) program, Section 402). All coordination pertaining to these activities should be documented and copies forwarded to the state and FEMAaspartofthepermanentproject files. Record of Environmental Consideration (Version April 2007)