Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0129 Nova Academy BIdg. C Record of Environmental Consideration See44CodeofFederal Regulation Part10. Project Name/Number: NovaAcademy Building C/PW 11583 Project Location: 7200 Alexander Ave., Arabi, Louisiana, St. Bernard Parish 70032 (N29.95851, W-89.99899) Project Description: Project activities include replacing Nova Academy Building Cinits current locationwith hazardmitigationtobeachievedbymeeting current codes and standards which includes rising to Advisory Base Flood Elevations. Documentation Requirements • No Documentation Required (Review Concluded) • (Short version) All consultation and agreements implemented to comply with the National Historic PreservationAct,EndangeredSpeciesAct,andExecutiveOrders 11988, 11990and12898are completed and no other laws apply. (Review Concluded) £<] (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached to this REC. National Environmental Policy Act (NEPA) Determination • Statutorily excluded from NEPA review. (Review Concluded) • Programmatic Categorical Exclusion -Category (Review Concluded) CD Categorical Exclusion -Category • No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) • Extraordinary Circumstances exist (See Section IV). • Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? • Yes (see section V) • No (Review Concluded) Environmental Assessment • Supplemental Environmental Assessment (Reference EA or PEA in comments) £3 Environmental Impact Statement Comments: This project meets the criteria for an Alternative Arrangement (Permanent Schools) type of project. This projecthas conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws. Record of Environmental Consideration 1 07/19/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0129 Nova Academy Bldg. C Reviewer and Approvals • Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist SignatureCA_AjaJUJ^ar-L^H) jl XJui^r> . . Date 07/19/2006 FEMA Regional Environmental Officer or delegated approving official. Name: Donald Fairley, ELO Signature^ 7^--=x_r A^» £_ Date 07/19/2006 I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act ^ Not type ofactivity with potential to affect historic properties. (Review Concluded) • Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. • Activity meets Programmatic Allowance # Are project conditions required? • Yes (see section V) • No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES • No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) ^ Building or structure listed or 45/50 years or older in project area and activity not exempt from review. 13Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? ^ Yes (see section V) • No (Review Concluded) • Determination ofHistoric Properties Affected (FEMA finding/SHPO/THPO concurrence on file) • Property aNational Historic Landmark and National Park Service was provided early notification duringtheconsultation process. Ifnot,explain in comments P No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? • Yes (see section V) • No (Review Concluded) • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required fj Yes (see section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES ^ Project affects only previously disturbed ground. (Review Concluded) • Project affects undisturbed ground. fj Project area has no potential for presence ofarcheological resources • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) Lj Project area has potential for presence of archeological resources • Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required • Yes (see section V) • No (Review Concluded) • Determination ofhistoric properties affected • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required QYes (see section V) • No (Review Concluded) • NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file) • No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? fj Yes (see section V) fj No (Review Concluded) • Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Record of Environmental Consideration 2 07/19/06 Reviewer Name: Letha Dawson Applicant: St.Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0129 Nova Academy Bldg. C • Resolution ofAdverse Effect completed. (MOA on file) Areproject conditions required? • Yes (see section V) • No (Review Concluded) Comments: 07/19/2006-Historicreviewcomplete: FEMA, inconsultationwiththeStateHistoricPreservationOffice (SHPO), has determined that none ofthe structures associated with the proposed demolition are listed onoreligible for the National Register ofHistoric Places (see attached correspondence dated 01/26/06 ) and finds that this scope ofwork will have noeffect onstanding historic properties. Scope ofwork indicates ground disturbing activities associated with the demolitionandrebuildofthe structurewithinitspre-disaster footprint. Uponconsultationof SHPOdata,thereisa known archaeological sites within .5miles ofthe project area. Demolition must follow the lower impact demolition stipulations & additionalprotocolswhichareattached. Thestipulationsandprotocolsshouldbeexplicitinthedemolitioncontract. Failuretocomplywiththesestipulations&additionalprotocolswilljeopardizereceiptofFederalfunding. Ifduringthe courseofwork, archaeologicalartifacts(prehistoricorhistoric)orhumanremainsarediscovered,theapplicantshallstop workinthevicinityofthediscoveryandtakeallreasonablemeasurestoavoidorminimizeharmtothefinds. Theapplicant shallinformtheirPublicAssistance (PA)contactsat FEMA,whowillinturncontactFEMAHistoricPreservation staff.The applicant will notproceed with work until FEMA Historic Preservation staffhave completed consultation with the Louisiana State Historic PreservationOfficer(SHPO). Inaddition, ifunmarked gravesarepresent, compliance withthe Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 ETSEQ.) isrequired. The applicant shall notify the lawenforcementagencyofthejurisdictionwheretheremainsarelocatedwithintwenty-fourhoursofthediscovery. The applicant shallalsonotify FEMA andthe Louisiana Unmarked Burial SitesBoard(callthe Louisiana Division of Archeologyat225-342-8170)withinseventy-twohoursofthediscovery. Ifthisscopeofworkand/orthefootprint/location ofthenewbuildingchanges,thisprojectwillneedtoberesubmittedforfurtherSection 106reviewpriortoground disturbing activities taking place outside of the pre-disaster footprint of the building. -V. Gomez, Historic Preservation Specialist and Katherine Zeringue, Historic Preservation Specialist/Archaeologist. Correspondence/Consultation/References: SHPO correspondence dated 01/26/06. Lower impact demolition stipulations and additional protocols. B. Endangered Species Act ^ No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) • Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. LJNo effecttospeciesordesignatedcriticalhabitat (Seecommentsforjustification) Are project conditions required? • Yes (see section V) • No(ReviewConcluded) • May affect, but not likely to adversely affect species ordesignated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? • Yes (see section V) • No (Review Concluded) I ILikely toadversely affect species ordesignated critical habitat • Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? Q YES (see section V) • NO(Review Concluded) Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act ^ ProjectisnotonorconnectedtoCBRAUnitorOtherwiseProtectedArea(Review Concluded). • ProjectisonorconnectedtoCBRAUnitorOtherwiseProtectedArea.(FEMAdetermination/USFWSconsultationon file) J Proposed action an exception under Section 3505.a.6? (Review Concluded) LJ Proposed action not excepted under Section 3505.a.6. Are project conditions required? |Hj YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: Record of Environmental Consideration 3 07/19/06 Reviewer Name: Utha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program / ESB0129 Nova Academy Bldg. C D. Clean Water Act E3 Project would not affect any waters ofthe U.S. (Review Concluded) • Project would affect waters, including wetlands, ofthe U.S. • Project exempted as in kind replacement or other exemption. (Review Concluded) • Project requires Section 404/401/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Project is not in oradjacent toany waterways ofthe US. Correspondence/Consultation/References: E. Coastal Zone Management Act D Project is not located in acoastal zone area and does not affect acoastal zone area (Review concluded) £j Projectislocatedinacoastalzoneareaand/oraffectsthecoastalzone H State administering agency does not require consistency review. (Review Concluded). LJ State administering agency requires consistency review. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: FEMA has determined that this project is consistent with the Coastal Zone Management Act (CZMA) and theLouisiana Coastal Management Plan (LCMP). Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act ^ Projectdoesnotaffect,control,ormodifyawaterway/bodyofwater. (Review Concluded) • Projectaffects,controlsormodifiesawaterway/bodyofwater. • Coordination withUSFWS conducted • No Recommendations offered by USFWS. (Review Concluded) • Recommendations provided by USFWS. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Project isnotinor adjacenttoany waterwaysoftheUS. Correspondence/Consultation/References: G. Clean Air Act E3 Project will not result in permanent air emissions. (Review Concluded) • Project islocated in an attainment area. (Review Concluded) • Projectislocatedina non-attainmentarea. • Coordination required with applicable state administering agency.. Are project conditions required? • YES (see section V) D NO (Review Concluded) Comments: None Correspondence/Consultation/References: H. Farmland Protection Policy Act ^ Project does not affect designated prime or unique farmland. (Review Concluded) • Project causes unnecessary or irreversible conversion of designated prime or unique farmland. • Coordination with Natural Resource Conservation Commission required. • Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? Q YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: Record of Environmental Consideration 4 07/19/06 Reviewer Name: Utha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program / ESB0129 Nova Academy Bldg. C I. Migratory Bird Treaty Act • Project not located within aflyway zone. (Review Concluded) Kl Project located within aflyway zone. MProject does not have potential to take migratory birds. (Review Concluded) Are project conditions required? • Yes (see section V) [3 No (Review Concluded) • Project has potential to take migratory birds. • Contact made with USFWS Are project conditions required? • 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 fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana Endangered Species Summary are met. ^r^a^^x^^^^^^r^^^^^^^^^^^^^^^^^^^ ma^pdf J. Magnuson-Stevens Fishery Conservation and Management Act S Project not located in ornear Essential Fish Habitat. (Review Concluded) • Project located in ornear Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? • Yes (see section V) |J No (Review Concluded) • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) • NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? • Yes (see section V) • No (Review Concluded) • NOAA Fisheries provided recommendation(s) • Written reply to NOAA Fisheries recommendations completed. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act 13 Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) LJ Project is along or affects WSR • Project adversely affects WSR as determined by NPS/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) Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: L. OtherRelevantLaws andEnvironmental Regulations II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains P No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) E3 Located in Floodplain or Effects on Floodplains/Flood levels • No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded). Are project conditions required? • Yes (see section V) • No (Review Concluded) D Beneficial Effect on Floodplain Occupancy/Values (Review Concluded). • Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment Record ofEnvironmental Consideration 5 07/19/06 Reviewer Name: Utha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/ProjectTitle: DR1603LA/HurricaneKatrina/PublicAssistanceProgram/ESB0129NovaAcademyBldg.C ^ 8StepProcessComplete-documentationonfile Are project conditions required? ^ YES (see section V) • NO (Review Concluded) Comments: 7/17/2006 -St. Bernard Parish enrolled in the National Flood Insurance Program 3/13/1970 Per Flood Insurance Fate Map (FIRM) panel number 2252040280C, dated 3/4/1987, project is located in zone B, area between limits of100-yr flood and 500-yr flood or in certain areas subject to flooding with average depths less than one foot or where the contributing drainage area is less than one square mile; or in areas protected by levees from the base flood. Per FEMA Hurricane Katrina surge inundation and Advisory Base Flood Elevation (ABFE) Map LA-CC34, project is located in azone where FEMA recommends that buildings and new construction be elevated 3feet above the Highest Existing AdjacentGrade (HEAG). Project is replacement ofbuilding, constructing to comply with current codes and standards and the local floodplain ordinance. The applicant must comply with EOl 1988, completing the 8-step process; follow all applicable local, state and federal laws, regulations and requirements; obtain and comply with all required permits and approvals prior to mitiatmg work on this project. Per 44 CFR 9.12, applicant must publish afinal public notice 15 days prior to the start of construction activities. Documentation ofcompleted 8-step process and final public notice is to be forwarded to the Louisiana Office ofHomeland Security Emergency Preparedness and Federal Emergency Management Agency for inclusion in the permanent project files. The 8-step document has been completed and is attached to the project worksheet. JahnKallis, Environmental Specialist. [Correspondence/consultation/references: 8-step process B. E.0.11990-Wetlands E3 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) • Located in Wetland or effects Wetland(s) D Beneficial Effect on Wetland -(Review Concluded) • Possible adverse effect associated with constructing in or near wetland • Review completed as part offloodplain review • 8 Step Process Complete -documentation on file Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.0.12898 -Environmental Justice For Low Income and Minority Populations p3 No Low income or minority population in, near or affected by the project -(Review Concluded) LJLow incomeorminority population inornear projectarea • No disproportionately high and adverse impact on low income or minority population-(Review Concluded) • Disproportionately high or adverse effects on low income or minority population Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: III. Other Environmental Issues Identifyotherpotentialenvironmentalconcernsinthecommentboxnotclearly falling underalawor executive order (see environmental concerns scoping checklist for guidance). Comments: None Correspondence/Consultation/References: IV. Extraordinary Circumstances Based on the review ofcompliance with other environmental laws and Executive Orders, and in consideration ofother environmental factors, review the project for extraordinary circumstances. Record ofEnvironmental Consideration 6 07/19/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Eraergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program / ESB0129 Nova Academy Bldg. C *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. If no, leave blank. Yes U (i) Greater scope or size than normally experienced for aparticular category ofaction • (ii) Actions with ahigh level ofpublic controversy • (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; • (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; • (v) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical orotherprotectedresources; • (vi) Presence ofhazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiringactionor attention; • (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, soleorprincipal drinking wateraquifers; • (viii) Potential for adverse effects on health or safety; and • (ix) Potential to violate afederal, state, local or tribal law or requirement imposed for the protection ofthe environment. • (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 proposedactionmaynot be significantby themselves. Comments: None V. Environmental Review Project Conditions General comments: None Project Conditions: 1. Per FEMA Hurricane Katrina surge inundation and Advisory Base Flood Elevation (ABFE) Map LA-CC34, project is located in a zone where FEMA recommends that buildings and new construction be elevated 3 feet above the Highest Existing Adjacent Grade (HEAG). Project is replacement ofbuilding, constructingto complywithcurrent codes andstandards andthe local floodplain ordinance. The applicant must comply with EOl 1988, completing the 8-step process; follow all applicable local, state and federal laws, regulations and requirements; obtain and comply with all required permits and approvals prior to initiating work on this project. Per 44 CFR 9.12, applicantmustpublishafinalpublicnotice 15dayspriortothestartof constructionactivities. Documentation of completed 8-step process and final public notice is to be forwarded to the Louisiana Office ofHomeland Security Emergency Preparedness and Federal Emergency ManagementAgency for inclusion inthe permanentproject files. 2. Demolition must follow the lower impact demolition stipulations &additional protocols. The stipulations and protocols should be explicit in the demolition contract. Failure to comply with these stipulations &additional protocols will jeopardize receipt ofFederal funding. Ifduring the course ofwork, archaeological artifacts (prehistoric orhistoric) orhuman remains are discovered, theapplicant shall stop work inthe vicinity ofthe discovery and take allreasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts atFEMA, who will inturn contact FEMA Historic Preservation staff. The applicant will not proceed with work until FEMA Historic Preservation staffhave completed consultation with Record of Environmental Consideration 7 07/19/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program / ESB0129 Nova Academy Bldg. C 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. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division of Archeology at225-342-8170) within seventy-two hours ofthe discovery. Ifthis scope ofwork and/or the footprint/location ofthe new building changes, this project will need to be resubmitted for further Section 106 review prior to ground disturbing activities taking place outside of the pre- disaster footprint of the building. Monitoring Requirements: None Record of Environmental Consideration 8 07/19/06