Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0134 St. Bernard Parish High School Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project Name/Number: St. Bernard Parish High School / PW 12063 Project Location: 2601 Torres Dr., St. Bernard, Louisiana, St. Bernard Parish 70085 (N29.87314, W-89.87443) Project Description: Project activities include replacing the scoreboard, chain link fence, gate, goal post, and running track for the football field/track; replacing the roof, support beam, fascia, siding and chain link fence for the Softball field and dugouts; replacing backboards and support poles for the basketball court; replacing dugout, metal roof, siding, metal supports and metal framing for the baseball field; and replacing roof supports, metal roof, fascia, and chain link perimeter fence for the stadium. Hazard mitigation will beachieved through compliance with current codes and standards. Documentation Requirements 0 No Documentation Required (Review Concluded) • (Short version) All consultation and agreements implemented to comply with the National Historic PreservationAct, Endangered Species Act, andExecutive Orders 11988,11990 and 12898 are completedand no other laws apply. (Review Concluded) £3 (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) 1 | Categorical Exclusion -Category C] No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) [J 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 ofproject. This project has conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws. RecordofEnvironmentalConsideration 1 08/03/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0134 St. Bernard Parish High School Reviewer and Approvals • Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist Signature fjUfflj^dillQflkj . 08/03/2006 Date FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signature y^~>-t^ f~* . Date 08/03/2006 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) 13 Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. ^ Activity meets Programmatic Allowance #Appendix A, Section {I. H. and II.E.l} Are project conditions required? [3 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. • Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see section V) fj 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 during the consultation process. If not, explain in comments D No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? fj Yes (see section V) • No (Review Concluded) • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) • Resolution of Adverse Effect completed. (MOA on file) Are project conditions required fj Yes (see section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES 13 Project affects only previously disturbed ground. (Review Concluded) 1~1 Project affects undisturbed ground. CD 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) I IProject area has potential for presence ofarcheological 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) I | 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? Q Yes (see section V) Q No (Review Concluded) • Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOA on file) Record of Environmental Consideration 2 08/03/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina /Public Assistance Program / ESB0134 St. Bernard Parish High School Are project conditions required? • Yes (see section V) • No (Review Concluded) Comments: 08/03/06 -FEMA's Programmatic Agreement (PA), dated December 3, 2004, provides for expedited project review under Section 106 ofthe National Historic Preservation Act (NHPA). The scope ofwork as submitted in this PW has been reviewed and meets the criteria outlined in Appendix A, Programmatic Allowances, Section {I. H. and II.E.l}, of the document. In keeping with the stipulations ofthe PA, all proposed repair activities should bedone in-kind tomatch existing materials and form. 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 toavoid or minimize harm tothe finds. The applicant shall inform their Public Assistance (PA) contacts, who will in turn contact FEMAHistoricPreservationstaff. Theapplicantwillnotproceedwithworkuntil FEMAHistoricPreservationstaffhas completed consultation with 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 Division ofArchaeology by calling 225 342-8170 within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt of FEMAfunding. Anychangetotheapprovedscopeofworkwillrequireresubmissionforre-evaluationunderSection 106 and consultation with the SHPO. Non-compliance may jeopardize the receipt offederal funding. This concludes the Section 106 review for this project. Shirley Shirley, Archaeologist/Historic Preservation Specialist Correspondence/Consultation/References: 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. • No effect to species or designated critical habitat. (See comments for justification) Are project conditions required? • Yes (see section V) • No (Review Concluded) • May affect, but not likely to adversely affect species or designated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? • Yes (see section V) • No (Review Concluded) • Likely to adversely affect species ordesignated critical habitat • Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act ^ Project is not on orconnected toCBRA Unit orOtherwise Protected Area (Review Concluded). • Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determination/USFWS consultation on file) • Proposed action an exception under Section 3505.a.6? (Review Concluded) • Proposed action not excepted under Section 3505.a.6. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act 13 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 orother 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 or adjacent to any waterways of the US. RecordofEnvironmentalConsideration 3 08/03/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DRI603LA / Hurricane Katrina / Public Assistance Program / ESB0134 St.Bernard Parish High School Correspondence/Consultation/References: E. Coastal Zone Management Act J Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) 13Projectislocated inacoastalzoneareaand/oraffectsthecoastalzone ^ State administering agency does not require consistency review. (Review Concluded). • State administering agency requires consistency review. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: FEMA hasdetermined thatthisprojectisconsistentwiththeCoastalZone Management Act(CZMA) and the LouisianaCoastal ManagementPlan (LCMP). Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act ^ Projectdoesnotaffect,control,ormodifyawaterway/bodyofwater. (Review Concluded) l~l Projectaffects,controlsormodifiesawaterway/bodyofwater. • Coordination with USFWS conducted DNo Recommendations offered by USFWS. (Review Concluded) fj Recommendations provided by USFWS. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Project is not in or adjacent to any waterways of the US. Correspondence/Consultation/References: G. Clean Air Act E3Project will not result inpermanentairemissions. (Review Concluded) J Project is located in an attainment area. (Review Concluded) n Project islocated ina non-attainment area. I ICoordination required with applicable state administering agency.. Are project conditions required? fjj YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: H. Farmland Protection Policy Act ^ Project does not affect designated prime orunique farmland. (Review Concluded) l~l Projectcausesunnecessaryorirreversibleconversionofdesignatedprimeorunique farmland. I~l Coordination with Natural Resource Conservation Commission required. [| Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? [J YES (see section V) fj NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act J Project not located within a flyway zone. (Review Concluded) ^ Project located within a flyway zone. E3 Project does nothave potential totake migratory birds. (Review Concluded) Are project conditions required? O Yes (see section V) ^ No(Review Concluded) l~l Project has potential to take migratory birds. • Contact made with USFWS Are project conditions required? d YES (see section V) fj NO (Review Concluded) Record of Environmental Consideration 4 08/03/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0134 St. Bernard Parish High School 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 orother fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined inthe Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflvwav.gov/Documents/Mississippi map.pdf. J. Magnuson-Stevens Fishery Conservation and Management Act ^ Project not located inor near Essential Fish Habitat. (Review Concluded) • Project located inor near Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? • Yes (see section V) • 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) LJ 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 ^ Project is not along and does not affect Wild orScenic River (WSR) -(Review Concluded) • Project isalong oraffects WSR • Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action. (NPS/USFS/USFWS/BLMconsultationon 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. Other Relevant Laws and Environmental Regulations II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains • No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) £3 Located in Floodplain orEffects on Floodplains/Flood levels E3 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) j"Beneficial Effect on Floodplain Occupancy/Values (Review Concluded). fj Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment • 8StepProcessComplete-documentationonfile Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: 07/31/2006-TheParishofSt. Bernardenrolled intheNationalFloodInsuranceProgram(NFIP)on03-13-70. PerFloodInsuranceRate Map(FIRM)panelnumber2252040460B,dated05-01-85,projectislocatedinzone"B",area protectedfrom100-yrfloodbylevee,dike,orotherstructuresubjecttofailureorovertoppingduringlargerfloods. Project is replacement offencing and sports fields topre-disaster footprint which isnot likely toaffect any floodplain. A. Cramer FPM Specialist Correspondence/consultation/references: Record of Environmental Consideration 5 08/03/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0134 St. Bernard Parish High School B. E.0.11990-Wetlands £3 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) • Located in Wetland oreffects Wetland(s) • Beneficial Effect on Wetland -(Review Concluded) fj Possible adverse effect associated with constructing in or near wetland j" Review completed as part offloodplain review • 8StepProcessComplete-documentationonfile 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 ^ No Low income or minority population in, near or affected by the project -(Review Concluded) fj Low income or minority population in or near project area • 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 Identifyother potentialenvironmentalconcernsinthecommentboxnot clearlyfalling underalawor executiveorder (see environmentalconcerns scoping checklistforguidance). 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 anEnvironmental Assessment (EA) with the exception of(ii) which should be applied in conjunction with controversy on an environmental issue. If the circumstance can be mitigated, please explain in comments. If no, leave blank. Yes LJ (i)Greaterscopeorsizethannormallyexperiencedfora particularcategoryofaction (ii) Actions with a high level of public controversy D (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; LJ (iv) Employment ofunproven technology with potential adverse effects oractions involving unique or unknown environmental risks; LJ (v) Presenceofendangeredorthreatenedspeciesortheircriticalhabitat,orarchaeological, cultural, historical or other protected resources; LJ (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention; • (vii) Actions with the potential to affect special status areas adversely orother critical resources suchas wetlands, coastal zones, wildlife refuge andwilderness areas, wildandscenic rivers, sole or principal drinking water aquifers; • (viii) Potential for adverse effects on health orsafety; and Record of Environmental Consideration 6 08/03/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/ProjectTitle: DR1603LA/HurricaneKatrina/PublicAssistanceProgram/ESB0134St.BernardParishHighSchool • (ix) Potential to violate afederal, state, local or tribal law or requirement imposed for the protection of the 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 proposed action may notbe significant bythemselves. Comments: None V. Environmental Review Project Conditions General comments: None Project Conditions: 1. Inkeeping with the stipulations ofthe PA, all proposed repair activities should be done in-kind to match existing materials and form. 2. Ifduring the course ofwork, archaeological artifacts (prehistoric orhistoric) orhuman remains are discovered, the applicant shall stop work in the vicinity ofthe discovery and take all reasonablemeasurestoavoidorminimizeharmtothefinds. Theapplicantshallinformtheir Public Assistance (PA)contacts, whowillinturncontact FEMAHistoric Preservation staff. The applicant will not proceed with work until FEMA Historic Preservation staff has completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In addition, if unmarked graves arepresent, compliance withtheLouisianaUnmarked 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. Theapplicant shall also notify FEMAandthe LouisianaDivisionof Archaeology by calling 225-342-8170 within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt of FEMA funding. 3. Any change to the approved scope of work will require resubmission for re-evaluation under Section 106 and consultation with the SHPO. Non-compliance may jeopardize the receipt of federal funding. Monitoring Requirements: None Record of Environmental Consideration 7 08/03/06