ReviewerName: LethaDawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/ProjectTitle: DR1603LA/HurricaneKatrina/PublicAssistanceProgram/ESB0127Arabi ElementarySchool- Replacement Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project Name/Number: Arabi Elementary School-Replacement / PW 12460 Project Location: 1 Mustang Dr., Arabi, Louisiana, St. Bernard Parish 70032 (N29.97091, W-89.99924) Project Description: Project activities include demolition, replacement and elevation of the facility. Hazard mitigation will be achieved through current codes and standards and elevation to the Advisory Base Flood Elevation minimum height. Documentation Requirements I I No Documentation Required (Review Concluded) I I (Short version) All consultation and agreements implemented to comply with the National Historic Preservation Act, Endangered Species Act, and Executive Orders 11988, 11990 and 12898 are completed and no other laws apply. (Review Concluded) [><] (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) I I Categorical Exclusion -Category I I No Extraordinary Circumstances exist. Are project conditions required? Q Yes (see section V) Q No (Review Concluded) I I Extraordinary Circumstances exist (See Section IV). I I Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? [_] Yes (see section V) O No (Review Concluded) Environmental Assessment Supplemental Environmental Assessment (Reference EA or PEA in comments) 1X1 Environmental Impact Statement Comments: This project meets the criteria for an Alternative Arrangement (Permanent Schools) type of project. This project has conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws. Record of Environmental Consideration 1 07/25/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0127 ArabiElementary School- Replacement Reviewer and Approvals I 1 Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist Signature cL^VQ^^CM^Q^^—^ , Date 07/25/2006 , FEMA Regional Environmental Officer or delegated approving official. Name: Donald Fairley, ELO Signature /—^-/•> Y— •-Date 07/25/2006 I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act 1^1 Not type of activity with potential to affect historic properties. (Review Concluded) l~l Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. I IActivity meets Programmatic Allowance # Are project conditions required? LJ Yes (see section V) LJ No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES E3 Nohistoric properties that are listed or45/50 years orolder inproject area. (Review Concluded) l~1 Buildingorstructurelistedor45/50yearsorolderinprojectareaandactivitynotexemptfromreview. I IDetermination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence onfile) Are project conditions required? fj Yes (see section V) LJ No (Review Concluded) I IDetermination ofHistoric Properties Affected (FEMA finding/SHPO/THPO concurrence onfile) n Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile). Are project conditions required? LJ Yes (see section V) LJ No (Review Concluded) I IAdverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile) LJ Resolution of Adverse Effect completed. (MOA on file) Are project conditions required LJ Yes (see section V) fj No (Review Concluded) ARCHEOLOGICAL RESOURCES P<3 Project affects only previously disturbed ground. (Review Concluded) I IProject affects undisturbed ground. I IProject area has nopotential for presence ofarcheological resources I IDetermination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) [~*1 Project area has potential for presence ofarcheological resources [~| Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence onfile) Are project conditions required fj] Yes (see section V) L~] No (Review Concluded) I I Determination of historic properties affected I INReligible resources notpresent (FEMA finding/SHPO/THPO concurrence onfile). Are project conditions required fjYes (seesection V) LJ No (ReviewConcluded) O NReligible resources present inproject area. (FEMA finding/ SHPO/THPO concurrence on file) [~1 NoAdverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence onfile) Are project conditions required? I~l Yes (seesection V) I INo(Review Concluded) Record of Environmental Consideration 2 07/25/06 Reviewer Name: LethaDawson Applicant: St. BernardParishSchool Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina/ PublicAssistanceProgram/ ESB0127Arabi Elementary School- Replacement LJ AdverseEffectDetermination. (FEMAfinding/SHPO/THPOconcurrenceonfile) LJ ResolutionofAdverseEffectcompleted.(MOAonfile) Are project conditions required? CD Yes (see section V) O No (Review Concluded) Comments: 7/25/2006 -Historic review complete: The structure does not meet the 50-year-criterion, nor does it possess the levelofexceptional importancerequiredbyCriteriaconsiderationGoftheNationalRegisterguidelinestobeconsidered eligible for the National Register of Historic Places. Therefore, the proposed work will have no effect on historic properties. Scope of work indicates ground disturbing activities associated with the demolition and rebuild of the structure within its pre-disaster footprint. Upon consultation of SHPO data, there are no known archaeological sites within .5 miles oftheprojectarea. DemolitionmustfollowtheLowerImpactDemolitionStipulations&AdditionalProtocolswhichare attached. The stipulations and protocols should be explicit in the demolition contract. Failure to comply with these stipulations & additional protocols will jeopardize receipt of Federal funding. If during the course of work, archaeological artifacts(prehistoricor historic)or humanremainsarediscovered,theapplicantshallstop workinthevicinityofthe discovery and take all reasonable measures to avoid or minimize harm to the finds. The applicant shall inform their Public Assistance(PA)contactsat FEMA,whowillinturncontactFEMAHistoricPreservationstaff.Theapplicantwillnot proceed with work until FEMA Historic Preservation staff have completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In addition, if unmarked graves are present, compliance with the Louisiana Unmarked Human Burial Sites Preservation Act (R.S. 8:671 ET SEQ.) is required. The applicant shall notify the law enforcement agency of the jurisdiction where the remains are located within twenty-four hours of the discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division of Archeology at 225-342-8170) within seventy-two hours of the discovery. If this scope of work and/or the footprint/location of the 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. -Katherine Zeringue, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: Lower Impact Demolition Stipulations & Additional Protocols B. Endangered Species Act [x] No listed species and/or designated critical habitat present inareas affected directly orindirectly bytheFederal action. (Review Concluded) LJ Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. I INoeffecttospeciesordesignatedcriticalhabitat. (Seecommentsforjustification) Are project conditions required? LJ Yes (see section V) LJ No (Review Concluded) ilMayaffect,butnotlikelytoadverselyaffectspeciesordesignatedcriticalhabitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? L~] Yes (see section V) [J No(Review Concluded) I ILikely to adversely affect species or designated critical habitat O Formal consultation concluded. (Biological Assessment andBiological Opinion onfile) Are project conditions required? O YES (see section V) L~] NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act E3Project isnotonor connected toCBRA Unit orOtherwise Protected Area (Review Concluded). I IProjectisonor connectedtoCBRAUnitorOtherwiseProtectedArea.(FEMAdetermination/USFWSconsultationon file) _] Proposed action an exception under Section 3505.a.6? (Review Concluded) I IProposed action notexcepted under Section 3505.a.6. Are project conditions required? LJ YES (see section V) \Z\ NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act E3 Project would notaffect any waters oftheU.S. (Review Concluded) LJ Project would affect waters, including wetlands, of the U.S. Record of Environmental Consideration 3 07/25/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0127 Arabi Elementary School- Replacement J Projectexemptedasinkindreplacementorotherexemption. (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: Projectisnot inor adjacentto anywaterwaysofthe US. Correspondence/Consultation/References: E. Coastal Zone Management Act 3 Project isnot located in acoastal zone area and does not affect acoastal zone area (Review concluded) E3 Project islocated ina coastal zone area and/or affects the coastal zone ^ State administering agency does not require consistency review. (Review Concluded). I~1 State administering agency requires consistency review. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: This project is located within the Louisiana Coastal Management Zone. LA DNR has determined that receiptofFederalassistanceisconsistentwiththeLouisianaCoastalResourceProgram.Projectswithin the CoastalZonemaystillrequireacoastalusepermitorotherauthorizationfromDNR. Projectsmaybecoordinated by contacting LA DNR at 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act 1X1 Projectdoesnotaffect, control,ormodifyawaterway/bodyofwater. (Review Concluded) LJ Projectaffects,controlsormodifiesawaterway/bodyofwater. LJ Coordination with USFWS conducted "2 No Recommendations offered byUSFWS. (Review Concluded) LJ Recommendations provided by USFWS. Are project conditions required? Q YES (see section V) O NO (Review Concluded) Comments: Project is not in or adjacent to any waterways ofthe US. Correspondence/Consultation/References: G. Clean Air Act 1X1 Project will not result inpermanent airemissions. (Review Concluded) J Project is located in an attainment area. (Review Concluded) I IProject islocated ina non-attainment area. I~l Coordination required with applicable state administering agency.. Are project conditions required? Q YES (see section V) LJ NO (Review Concluded) Comments: None Correspondence/Consultation/References: H. Farmland Protection Policy Act 1X1 Project does notaffect designated prime orunique farmland. (Review Concluded) I IProject causes unnecessary orirreversible conversion ofdesignated prime orunique farmland. fl Coordination with Natural Resource Conservation Commission required. I I Farmland Conversion Impact Rating, Form AD-1006, completed. Areproject conditions required? LJ YES (seesection V) Q NO (Review Concluded) Comments: None Correspondence/Consultation/References: Record of Environmental Consideration 4 07/25/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0127 Arabi Elementary School- Replacement I. Migratory Bird Treaty Act J Project not located within a flyway zone. (Review Concluded) ^ Project located within a flyway zone. £3 Project does not have potential totake migratory birds. (Review Concluded) Are project conditions required? • Yes (see section V) [X] No(Review Concluded) LJ Projecthaspotential totake migratory birds. • Contact made with USFWS Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: SeeletterfromDonFairleytoMr. RussWatsonwithUSF&WS,dated09/14/2005. Specifically, FEMAhas determined thatrestoration projects funded with federal resources will nothave adverse impacts onmigratory birds orother fishandwildlifereserves.Thesedeterminations arebasedontheunderstanding thattheconditionsoutlinedintheLouisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflyway.gov/Documents/Mississippi map.pdf. J. Magnuson-Stevens Fishery Conservation and Management Act 1X1 Project not located inornear Essential Fish Habitat. (Review Concluded) LJ Project located in or near Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? CJ Yes (see section V) LJ No(Review Concluded) • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) LJ NOAA Fisheries provided no recommendation(s) (Review Concluded). Areproject conditions required? Lj" Yes (seesection V) CD No (ReviewConcluded) L"3 NOAA Fisheries provided recommendation(s) [I Written reply toNOAA Fisheries recommendations completed. Are project conditions required? CJ YES (see section V) O NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act |XJ Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) CD Project isalong oraffects WSR • Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund theaction. (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? L"3 YES (see section V) L~] 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 J No EffectonFloodplains/Flood levelsandprojectoutsideFloodplain-(ReviewConcluded) |XJ Located in Floodplain orEffects onFloodplains/Flood levels LJNo adverse effectonfloodplain andnot adverselyaffectedbythefloodplain. (Review Concluded). Are project conditions required? C3 Yes (see section V) CJ No (Review Concluded) I IBeneficial Effect on Floodplain Occupancy/Values (Review Concluded). Record of Environmental Consideration 5 07/25/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0127 Arabi Elementary School- Replacement S Possible adverse effects associated with investment in floodplain, occupancy or modification offloodplain environment £<] 8 Step Process Complete -documentation on file Are project conditions required? ^ YES (see section V) • NO (Review Concluded) Comments: 07/24/2006-St. BernardParishenrolledintheNationalFloodInsuranceProgram(NFIP)03/13/1970. Per Flood Insurance Rate Map (FIRM) 225204 0280c, project is located in zone "A2", area of 100-year flood; base flood elevations and flood hazard factors determined. Project is for replacement of Arabi Elementary School destroyed by sustained winds and storm surge. Applicant shall coordinate with thelocal floodplain administrator for floodplain permit requirements (elevate to base flood elevation with freeboard, relocate, or flood proof). Applicant is responsible for meeting allpermit requirements. Applicant shall follow allapplicable local, stateandfederal laws, regulations and requirements; obtainandcomplywithallrequired permitsandapprovalspriortoinitiatingworkonthisproject. All coordination pertainingtothese permits should bedocumented andcopies provided toLA GOHSEP andFEMA aspartofthepermanent projectfiles. IncompliancewithE.O.11988,an8-stepprocesshasbeencompletedandisattached. Per44CFR 9.11(D)(9), for the replacement of building contents, materials, and equipment, where possible, the building shall be disaster proofed and/or such future losses shall beeliminated byrelocation ofthesebuilding contents, materials, andequipment outsideorabovetheadvisorybasefloodplainelevation. Per44CFR9.12,applicantmustpublisha finalpublicnotice fifteen(15)dayspriortothestartofconstructionactivities. FinalpublicnoticeistobeforwardedtotheLA GOHSEPand FEMA for inclusion in the permanent project files. Dana Mehlman, Env. Spec. Correspondence/consultation/references: 8-step process. B. E.O. 11990-Wetlands ^ No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) • Locatedin Wetlandor effects Wetland(s) I] Beneficial Effecton Wetland -(Review Concluded) L~] Possible adverse effect associated with constructing inornear wetland J Review completed as part of floodplain review CH 8StepProcessComplete-documentationonfile Are project conditions required? Q YES (seesection V) CH NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.O. 12898 -Environmental Justice For Low Income and Minority Populations IXI No Lowincomeorminoritypopulation in,nearoraffected bytheproject-(Review Concluded) CH Low income or minority population in or near project area J No disproportionately high and adverse impact on low income or minority population-(Review Concluded) I 1Disproportionately high or adverse effects on low income or minority population Are project conditions required? LJ YES (seesection V) \Z\ NO (Review Concluded) Comments: None Correspondence/Consultation/References: III. Other Environmental Issues Identify other potential environmental concerns in the comment box not clearly falling under a law or executive order (see environmental concerns scoping checklist for guidance). Comments: None Correspondence/Consultation/References: Record of Environmental Consideration 6 07/25/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0127 Arabi Elementary School- Replacement 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"underanycircumstancemayrequireanEnvironmentalAssessment(EA)withtheexceptionof(ii) whichshouldbeappliedinconjunctionwithcontroversyonanenvironmentalissue. Ifthecircumstancecan be mitigated, please explain in comments. If no, leave blank. Yes (i) Greaterscopeorsizethannormallyexperiencedforaparticularcategoryof action (ii) Actions with a high level of public controversy LJ (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; [J (iv)Employmentofunproventechnologywithpotentialadverseeffectsoractionsinvolving unique or unknown environmental risks; r~l (v) Presence ofendangered or threatened species or their critical habitat, orarchaeological, cultural, historical or other protected resources; r~l (vi) PresenceofhazardousortoxicsubstancesatlevelswhichexceedFederal,stateorlocal regulations or standards requiring action or attention; LJ (vii)Actionswiththepotentialtoaffectspecial statusareasadverselyorothercriticalresources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principal drinking water aquifers; (viii) Potential for adverse effects on health or safety; and LJ (ix)Potentialtoviolateafederal,state,localortriballaworrequirementimposedforthe protection of the environment. LJ (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 not be significant by themselves. Comments: None V. Environmental Review Project Conditions General comments: None Project Conditions: 1. Applicant shall coordinate with the local floodplain administrator for floodplain permit requirements (elevate to base flood elevation with freeboard, relocate, or flood proof). Applicant is responsible for meeting all permit requirements. Applicant shall 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. All coordination pertaining to these permits should be documented and copies provided to LA GOHSEP and FEMA as part of the permanent project files. 2. Per 44 CFR 9.11(D)(9), for the replacement of building contents, materials, and equipment, where possible, the building shall be disaster proofed and/or such future losses shall be eliminated by relocation of these building contents, materials, and equipment outside or above the advisory base floodplain elevation. Per 44 CFR 9.12, applicant must publish a final public Record of Environmental Consideration 7 07/25/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0127 Arabi Elementary School- Replacement notice fifteen (15) days prior to the start of construction activities. Final public notice is to be forwarded tothe LA GOHSEP and FEMA for inclusioninthepermanentproject files. 3. Demolition must follow the Lower Impact Demolition Stipulations & Additional Protocols. Thestipulationsandprotocolsshouldbeexplicitinthedemolitioncontract. Failuretocomply with these stipulations & additional protocols will jeopardize receipt of Federal funding. If during the course of work, archaeological artifacts (prehistoric or historic) or human remains arediscovered, theapplicant shall stop work inthe vicinity ofthe discovery andtake 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 turn contact FEMA Historic Preservation staff. The applicant will not proceed with work until FEMA Historic Preservation staff have completed consultation with the Louisiana State Historic Preservation Officer (SHPO).In addition,if unmarkedgravesarepresent,compliancewith the Louisiana Unmarked HumanBurialSitesPreservationAct(R.S. 8:671 ETSEQ.)isrequired.Theapplicantshall notify the law enforcement agency of the jurisdiction where the remains are located within twenty-four hoursofthediscovery. Theapplicant shallalsonotifyFEMAandtheLouisiana Unmarked Burial SitesBoard (calltheLouisiana Division of Archeology at225-342-8170) within seventy-two hours of the discovery. If this scope of work and/or the footprint/location of the new building changes, this project will need to be resubmitted for further Section 106 reviewpriortoground disturbing activities taking placeoutside ofthepre-disaster footprint of the building. Monitoring Requirements: None Record of Environmental Consideration 8 07/25/06