Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB 0229 C.F. Rowley Elementary School -Grounds Record of Environmental Consideration See 44 Code of Federal RegulationPart 10. Project Name/Number: C.F. Rowley Elementary School -Grounds / PW 13471 Version 1 Project Location: 49 Madison Ave., Chalmette, Louisiana, St. Bernard Parish, 70043 (N29.94469, W-89.97868) Project Description: Project activities include replacing tetherball units, drop shot units, swing set, bench and mulch safety surface; cleaning, stripping and repainting mini jungle gyms; cleaning modular playstructure andfitness cluster; andrepairing lighted front school sign. The scope of work for Version 1 of this PW includes replacing402feetof6footchainlink fencing. Somemitigationwillbe achieved bycompliance with current codes and standards and bygood construction practices. Documentation Requirements f~l No Documentation Required (Review Concluded) • (Short version) All consultation and agreements implemented to comply with the National Historic PreservationAct,EndangeredSpeciesAct,andExecutiveOrders11988,11990and 12898are completed and 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) I I Categorical Exclusion -Category I I No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) • Extraordinary Circumstances exist (See Section IV). [J Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? • Yes (see section V) • No (Review Concluded) Environmental Assessment LJ Supplemental Environmental Assessment (Reference EA or PEA in comments) [X] Environmental Impact Statement Comments: This project meets the criteria for anAlternative Arrangement (Permanent Schools) type ofproject. This project has conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws which are listed under the NEPA Level ofEnvironmental Review in the Project Worksheet. Any changes tothis approved scope ofwork will require submission to, and evaluation and approval by, the state and FEMA prior toinitiation ofany work, for compliance with the National Environmental Policy Act. The applicant isrequired toobtain and comply with all local, state Record of Environmental Consideration 1 02/13/07 Reviewer Name: Letha Dawson App|icant: & Bemard paihh g^, Boar(j GroundfmergenC °gr °JeCt ™e: DR1603LA'Hurricane Katrina 'Public Assistance Program /ESB 0229 C.F. Rowley Elementary School and federal permits and requirements. Non-compliance with the requirements noted above may jeopardize the receipt of federal funding. r Reviewer and Approvals • Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist Signature^ kAh(kA)\)(}A , Date 02/13/07 FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO Signature ZSL ^— £> **"=* Date 02/13/07 I-Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act • Not type of activity with potential to affect historic properties. (Review Concluded) IE1 Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. £3 Activity meets Programmatic Allowance #Appendix A, Sections I, A, Eand I. Are project conditions required? £3 Yes (see section V) fj No (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES E3 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 of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see section V) • No (Review Concluded) • Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) • Property aNational Historic Landmark and National Park Service was provided early notification during theconsultation process. Ifnot,explain incomments • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? • Yes (see section V) Q No (Review Concluded) • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) • Resolution ofAdverse Effect completed. (MOAon file) Are project conditions required fj Yes (see section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES [3 Project affects only previously disturbed ground. (Review Concluded) Li Project affects undisturbed ground. • Project area has no potential for presence ofarcheological resources • Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) • 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) fj No (Review Concluded) • Determination ofhistoric properties affected • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). i—i .JHS proJect conditions required DYes (see section V) fj No (Review Concluded) • NK eligmie resources present in project area. TFEMA finding/"SHPO/THPO concurrence on~ file) Record of Environmental Consideration 2 02/13/07 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program /ESB 0229 C.F. Rowley Elementary School -Grounds J • No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? D 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? D Yes (see section V) • No (Review Concluded) Comments: 8/23/06-Scopeofworkindicatesgrounddisturbingactivitiesassociatedwithrecreational equipmentsupport posts and replacing mulch ground cover. Any fill orborrow material used in the repair activities must be sourced from sites that do not contain any buried cultural materials (i.e. wells, cisterns, foundations, basements, prehistoric Indian artifacts, human burials, and the like). Upon consultation ofdata provided by the State Historic Preservation Officer (SHPO), there are no known archaeological sites within .25 miles ofthe project area and all work will occur within apreviously disturbed area. Therefore, the scope ofwork as submitted meets the criteria outlined in the Programmatic Agreement dated December 3, 2004, Appendix A, Sections IAand I. In accordance with this document, FEMA is not required to submit projects to the SHPO for review where the work performed meets these allowances. 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 to avoid orminimize 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 staffhave completed consultation with theLouisiana State Historic Preservation Officer(SHPO). Inaddition, 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 ofArcheology at225-342-8170) within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt ofFEMA funding. -Dana Linck, Historic Preservation Specialist-Archaeologist. 2/13/06 -Scope ofwork indicates ground disturbing activities associated with repair/replacement ofrecreational equipment support posts, fencing, and replacing ground cover. Upon consultation ofdata provided by the State Historic Preservation Officer (SHPO), there are no known archaeological sites within .25 miles ofthe project area and all work will occur within a previously disturbed area. Therefore, the scope ofwork as submitted meets the criteria outlined in the Programmatic AgreementdatedDecember3,2004,AppendixA,SectionsI,A,EandI. Inaccordancewiththisdocument, FEMAisnot required to submit projects to the SHPO for review where the work performed meets these allowances. Any fill orborrow material used in the repair activities must be sourced from sites that do not contain any buried cultural materials (i.e. wells, cisterns, foundations, basements, prehistoric Indian artifacts, human burials, and the like). Ifduring the course ofwork, archaeological artifacts (prehistoric orhistoric) or human remains are discovered, the applicant shall stop work in the vicinity ofthe discovery and take all reasonable measures to avoid orminimize harm to the finds. The applicant shall informtheirPublic Assistance (PA)contacts atFEMA, whowillinturncontact 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, 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 ofArcheology at 225-342-8170 within seventy-two hours of the discovery. Failure to comply with these stipulations may jeopardize receipt ofFEMA funding. -Katherine Zeringue, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: B. Endangered Species Act E3 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? fj 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) [J No (Review Concluded) • Likely to adversely affect species ordesignated critical habitat Are project conditions required? • YES (see section V) • NO (Review Concluded) Record of Environmental Consideration 3 02/13/07 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina /Public Assistance Program / ESB 0229 C.F. Rowley Elementary School -Grounds Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act E3 Project is not on or connected to CBRA Unit or Otherwise 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 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: None Correspondence/Consultation/References: E. Coastal Zone Management Act • Project is not located in acoastal zone area and does not affect a coastal zone area (Review concluded) E3 Project islocated ina coastal zone area and/or affects the coastal zone E3 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: This project is located within the Louisiana Coastal Management Zone. LA DNR has determined that receipt offederal assistance is consistent with the Louisiana Coastal Resource Program. Projects within the Coastal Zone may still require a Coastal Use Permit orother authorization from DNR. Projects may be coordinated by contacting LA DNR at 1-800-267-4019. Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act Kl Project does not affect, control, or modify awaterway/body ofwater. (Review Concluded) • Project affects, controls or modifies awaterway/body ofwater. • Coordination with USFWS conducted • No Recommendations offered by USFWS. (Review Concluded) • Recommendations provided by USFWS. Are project conditions required? • YES (see section V) Q NO (Review Concluded) Comments: None Correspondence/Consultation/References: G. Clean Air Act 13 Project will not result in permanent air emissions. (Review Concluded) [~l Project is located in an attainment area. (Review Concluded) LJ Project is located in a non-attainment area. Record of Environmental Consideration 4 02/13/07 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB 0229 C.F. Rowley Elementary School -Grounds • Coordination required with applicable state administering agency.. Are project conditions required? • YES (see section V) • 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. LJ 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: I. Migratory Bird Treaty Act J Project not located within a flyway zone. (Review Concluded) 03 Project located within a flyway zone. £3 Project does not have potential to take migratory birds. (Review Concluded) Are project conditions required? • Yes (see section V) ^ No (Review Concluded) • Project haspotential totakemigratory 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 nothave adverse impacts onmigratory birds orother fish andwildlife reserves. These determinations arebased ontheunderstanding thatthe conditions outlined intheLouisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflvwav.gov/Documents/Mississippi map.pdf. J. Magnuson-Stevens Fishery Conservation and Management Act 13 Projectnotlocated inor near Essential Fish Habitat. (Review Concluded) • Projectlocatedinor nearEssentialFishHabitat. • 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) LJ NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? • Yes (see section V) • No (Review Concluded) LJ 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 13 Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) LJ* Projectisalongoraffects 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) • — Aro project conditions required? • YES (sec section V) Q Record of Environmental Consideration 5 02/13/07 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB 0229 C.F. Rowley Elementary School -Grounds 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/Floodlevelsandproject outsideFloodplain-(Review Concluded) ^ Located in Floodplain orEffects on Floodplains/Flood levels ^ No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded). Are project conditions required? LJ Yes(seesection V) ^ No (ReviewConcluded) J* Beneficial Effect onFloodplain Occupancy/Values (Review Concluded). LJ Possible adverseeffectsassociatedwithinvestmentinfloodplain, occupancyormodificationoffloodplain environment LJ" 8Step Process Complete -documentation onfile Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: 08/11/2006 -St. Bernard Parish enrolled in the National Flood Insurance Program (NFIP) on 03/13/1970. Per Flood InsuranceRate Map (FIRM) panel 225204 0290 B, dated 05/01/1985, project is located in zone B, area protected fromtheonepercentannualchance(100-year) flood bylevee,dikeorotherstructuresubjecttopossible failure or overtoppingduringlarger floods. Projectisfortherepair/replacementofgroundsequipmentdamagedbyfloodandisnot likelytoaffectthefloodplain. -KimberlyR.Rogers,FloodplainManagementSpecialist 02/12/2007 -A review of Version "1" of this PW was conducted on this date. Based on the information contained therein, the Floodplain recommendations identified in Version "0" on 08/11/2006 are unchanged and as such, are applicable to this version.NofurtherFloodplainreviewwillbeforthcomingunlessthereshouldbeachangeinthescopeofwork. A.C. Clark, CFM, Floodplain Correspondence/consultation/references: B. E.0.11990 -Wetlands ^ No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) LJ" Located inWetland oreffects Wetland(s) J"Beneficial Effecton Wetland -(Review Concluded) I IPossibleadverseeffectassociatedwithconstructinginor nearwetland J Reviewcompletedas part of floodplainreview O 8 Step Process Complete -documentation on file Are project conditions required? [j" YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.0.12898 -Environmental Justice For Low Income and Minority Populations E>3NoLowincomeorminoritypopulation in,nearoraffectedbytheproject-(Review Concluded) LJ Lowincome orminority population inornearprojectarea J No disproportionately high and adverse impact on low income or minority population-(Review Concluded) I IDisproportionately high oradverse effects onlow income orminority population Are project conditions required? [j YES (see section V) [j NO (Review Concluded) Comments: None Correspondence/Consultation/References: Record of Environmental Consideration 6 02/13/07 Reviewer Name: Utha Dawson Applicant: St. Bernard Parish School Board Groundfmer8enC °8ra °JeCt Ti"e: DR1603LA'HurTicane Kalrina /Public Assistance Program /ESB 0229 C.F. Rowley Elementary School III. Other Environmental Issues Identifyotherpotentialenvironmentalconcerns inthecommentboxnotclearly 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. • A"Yes" under any circumstance may require an Environmental Assessment (EA) with the exception of(ii) which should be applied in conjunction with controversy onan environmental issue. Ifthe circumstance can bemitigated,pleaseexplainincomments. Ifno,leaveblank. Yes • (i)Greaterscopeorsizethannormallyexperiencedforaparticularcategoryofaction • (ii)Actionswithahighlevelofpubliccontroversy • (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,historicalor otherprotectedresources; • (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring actionor 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 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 proposedaction maynotbesignificantby themselves. Comments: None V. Environmental Review Project Conditions General comments: None Project Conditions: 1. Anyfillorborrowmaterialusedintherepairactivitiesmustbesourcedfromsitesthatdonotcontain any buried cultural materials (i.e. wells, cisterns, foundations, basements, prehistoric Indian artifacts, human burials, and the like). 2. Ifduring the course ofwork, archaeological artifacts (prehistoric or historic) orhuman remains are discovered, theapplicant shall stopwork inthe vicinity ofthe discovery andtakeall reasonable measurestoavoidorminimizeharmtothe finds. TheapplicantshallinformtheirPublicAssistance Record of Environmental Consideration 7 02/13/07 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB 0229 C.F. Rowley Elementary School -Grounds (PA)contactsatFEMA,whowill inturncontactFEAMHistoricPreservationstaff.Theapplicantwill not 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.) isrequired. Theapplicant shall notify thelaw enforcementagencyofthejurisdiction where theremains arelocatedwithintwenty-fourhoursofthediscovery. Theapplicantshallalso notify FEMAandthe Louisiana Unmarked Burial Sites Board (callthe Louisiana Division ofArcheology at225-342-8170) within seventy-two hours of the discovery. Failure to comply with these stipulations may jeopardize receipt of FEMA funding. 3. Unusableequipment,debrisandmaterialshallbedisposedofinanapprovedmannerandlocation. In theeventsignificant items(orevidencethereof)arediscovered during implementationofthe project applicant shall handle, manage, and dispose of petroleum products, hazardous materials and/or toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. 4. In accordance with the Formosan Termite Initiative Act, (LA R.S. 3:3391.1 thru 3391.13) the Louisiana ParishesofCalcasieu, Cameron, JeffersonDavis,Orleans,Jefferson,Plaquemines, St.Bernard, St. Charles,St.JohntheBaptist,St.Tammany,TangipahoaandWashingtonareunderquarantine. The movementofwoodorcellulosematerial, temporaryhousingorarchitecturalcomponents(e.g. beams, doorsandotherwoodsalvagedfroma structure)maynotleavethequarantined parishes withoutwritten authorization from the Commissioner of the Louisiana Department of Agriculture and Forestry or his Designee(s). 5. Thisprojectpotentiallyinvolvesthedisposalofmetallicmercurycontainingelectronicdevices. The applicant is responsible for ensuring that these devices are recovered, recycled, reused or sequestered in accordancewiththeLouisianaDepartmentof Environmental Quality(LDEQ)"Declarationof Emergency; Mercury-Containing Devices and Electronic Equipment as Universal Waste" letter dated October 3, 2005. Monitoring Requirements: None Record of Environmental Consideration 8 02/13/07