Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA See 44 Code of Federal Regulation Part 10 Project NamelNumber: Wilson Elementary School Annex Building! PW 12421-2 Applicant Name: Recovery School DistrictlFIPS; 033-UA9M2-00 Proiect Location: 3617 General Pershing, New Orleans, LA 70125 Latitude: 29.94616, Longitude: -90.10284 Project Description: Hurricane Katrina caused catastrophic damage on August 29, 2005 to the Recovery School District's Wilson Elementary School-Annex Building. This scope of work includes the demolition and replacement of the 15,150 square foot, single story structure. All work will occur on previously disturbed areas. National Environmental Policy Act (NEP A) Determination D Statutorily excluded from NEPA review (Review Concluded) D Programmatic Categorical Exclusion (gI Categorical Exclusion -Category xii & xv (gI No Extraordinary Circumstances exist. Are project conditions required? (gI Yes (see section V) D No (Review Concluded) D Extraordinary Circumstances exist (see Section IV). D Extraordinary Circumstances mitigated. (see Section IV comments) Are project conditions required? D Yes (see section V) D No (Review Concluded) D Environmental Assessment D Supplemental Environmental Assessment (Reference EA or PEA in comments) D Environmental Impact Statement D Scope of work requires public involvement plan Comments: Based on information provided by the applicant, this action is categorically excluded from the preparation of an Environmental Impact Statement or Environmental Assessment under 44 CFR part 10.8 (d)(2)(xii & xv). Any changes to the scope of work will require re-submission through the state to FEMA and requires re-evaluation for compliance with national environmental policies. The applicant is responsible for obtaining and complying with all local, state and federal permits. Non-compliance with this requirement may . eo ardize recei t of federal funds. Name: Adam Bor D Project is Non-Compliant (see attached documentation justifying selection). Reviewer and Approvals FEMA Environmental Reviewer: FEMALA-TRO Signature -L-Y-----L::.=--_.-:::....:==---_____Date _l{...:..--_J..-_d.-__-_O---..!o~~___' FEMA Environmental Liaison Officer or Delegated Approving Official: Name: Cynthia Teeter, Deputy Environmental Liaison Officer, FEMA LA TRO Signature fa< B~rI\. c..)..o.Jc.. Date u,J";)Y./ of) Record of Environmental Consideration (Version April 2007) I. Compliance Review for Environnlental Laws (other than NEPA) A. National Historic Preservation Act (NHPA) D Not type of activity with potential to affect historic structures or archaeological resources (Review Concluded) D Activity meets Programmatic Agreement, December 3,2004. Appendix A: Allowance No. Are project conditions required? D Yes (see Section V) D No I:8J Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see comments). D Other Programmatic Agreement dated applies HISTORIC BUILDINGS AND STRUCTURES D No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) I:8J Building or structure listed or 45/50 years or older in project area and activity not exempt from review. D Determination of No Historic Properties Affected (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) [8J Determination of Historic Properties Affected (FEMA findingiSHPOITHPO concurrence on file) D Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. Ifnot, explain in comments D No Adverse Effect Determination (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) I:8J Adverse Effect Determination (FEMA findingiSHPOITHPO concurrence on file) I:8J Resolution of Adverse Effect completed (MOA on file) Are project conditions required I:8J Yes (see Section V) D No (Review Concluded) ARCHEOLOGICAL RESOURCES D Project scope of work has no potential to affect archeological resources (Review Concluded) I:8J Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with a historic structure D Project area has no potential for presence of archeological resources D Determination of no historic properties affected (FEMA findingiSHPOITHPO concurrence on file) (Review Concluded) D Project area has potential for presence of archeological resources D Determination of no historic properties affected (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) D Determination of historic properties affected D NR eligible resources not present (FEMA findingiSHPOITHPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) D NR eligible resources present in project area (FEMA findingiSHPOITHPO concurrence on file) D No Adverse Effect Determination (FEMA findingl SHPOITHPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPOITHPO concurrence on file) D Resolution of Adverse Effect completed (MOA on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) Comments: FEMA, in consultation with the State Historic Preservation Office (SHPO), determined that the rehabilitation of Andrew H. Wilson Elementary School Main Building and Addition; the construction of a new Addition and Cafeteria/Gymnasium Building; the demolition of the Annex, Boiler Room addition to the Main Building, and breezeway; and the possible demolition of the Gatekeeper's Lodge and shed may adversely affect historic properties. The School is located in the Broadmoor National Register Historic District. Correspondence/Consultation/References: Amber Martinez, Historic Preservation Specialist B. Endangered Species Act I:8J No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) D Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. D No effect to species or designated critical habitat. (See comments for justification) Record of Environmental Consideration (Version April 2007) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o May affect, but not likely to adversely affect species or designated critical habitat (FEMA determination/USFWSINMFS concurrence on file) (Review Concluded) Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o Likely to adversely affect species or designated critical habitat o Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Project is located in an urban or previously developed area. Neither listed species nor their habitat occur in or near this site, thus FEMA finds there will be no effect to threatened or endangered species. Correspondence/Consultation/References: USFWS emergency consultation provisions determined in letters dated September IS, 200S for Katrina. C. Coastal Barrier Resources Act C8J Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded). o Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determination/USFWS consultation on file) o Proposed action an exception under Section 3S0S.a.6 (Review Concluded) o Proposed action not excepted under Section 3S0S.a.6. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced 04/22/08. D. Clean Water Act ~Project would not affect any waters of the U.S. (Review Concluded) o Project would affect waters, including wetlands, ofthe U.S. o Project exempted as in kind replacement or other exemption. (Review Concluded) o Project requires Section 404/401 ofClean Water Act or Section 9/10 of Rivers and Harbors Act permit, including qualification under Nationwide Permits. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) o Project would affect waters ofthe U.S. by discharging to a surface water body. Comments: No jurisdictional waters ofthe U.S., including wetlands, occur in the project area. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwil) queried on 04/22/08. E. Coastal Zone Management Act o Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) C8J Project is located in a coastal zone area and/or affects the coastal zone ~State administering agency does not require consistency review. (Review Concluded). o State administering agency requires consistency review. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) Comments: This project is located within the Louisiana Coastal Management Zone. LA DNR has determined that receipt of federal assistance is consistent with the Louisiana Coastal Resource Program. Projects within the coastal zone may still require a coastal use permit or other authorization from DNR. Projects may be coordinated by contacting LA DNR at 1800- 276-4019. Corres ondence/Consultation/Re erences: Louisiana Coastal Zone rna s F. Fish and Wildlife Coordination Act C8J Project does not affect, control, or modify a waterwaylbody of water. (Review Concluded) o Project affects, controls or modifies a waterwaylbody of water. o Coordination with USFWS conducted o No Recommendations offered by USFWS. (Review Concluded) o Recommendations provided by USFWS. Record of Environmental Consideration (Version April 2007) Are project conditions required? D YES (see Section V) D NO (Review Concluded) omments: No streams or water bodies are located in or near the project area. orrespolldence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) queried 04/22108. G. Clean Air Act [2J Project will not result in permanent air emissions. (Review Concluded) D Project is located in an attainment area. (Review Concluded) D Project is located in a non-attainment area. D Coordination required with applicable state administering agency. Are project conditions required? YES (see section V) D NO (Review Concluded) Comments: This project involves the renovation of a public structure. The proposed project includes activities that would produce a minor, temporary, and localized impact on air quality from fugitive dust particles. No long-term air quality impact is anticipated. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act [2J Project will not affect undisturbed ground. (Review Concluded) D Project has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) D Project does not affect designated prime or unique farmland. (Review Concluded) D Project causes unnecessary or irreversible conversion of designated prime or unique farmland. D Coordination with Natural Resources Conservation Service required. Farmland Conversion Impact Rating, Form AD-I 006, completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments: The project site is in a developed urbanized area and Farmland Protection Policy Act (FPPA) is precluded. No prime or unique farmland present. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (htto:llwebsoilsurvev.nrcs.usda.e:ov/aool ) referenced 04/22108. I. Migratory Bird Treaty Act D Project not located within a flyway zone (Review Concluded) [2J Project located within a flyway zone. [2J Project does not have potential to take migratory birds (Review Concluded) Are project conditions required? Yes (see section V) [2J No (Review Concluded) D Project has potential to take migratory birds. D Contact made with USFWS Are project conditions required? YES (see section V) D NO (Review Concluded) Comments: The site is an existing disturbed area with little value to migratory birds and would not be included in the USFWS migratory bird management program. Correspondence/Consultation/References: USFWS guidance letter dated September 27,2005. J. Magnuson-Stevens Fishery Conservation and Management Act [2J Project not located in or near Essential Fish Habitat (Review Concluded) D Project located in or near Essential Fish Habitat. D Project does not adversely affect Essential Fish Habitat (Review Concluded) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Project adversely affects Essential Fish Habitat (FEMA determinationlUSFWSINMFS concurrence on file) D NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? D Yes (see Section V) D No (Review Concluded) D NOAA Fisheries provided recommendation(s) D Written reply to NOAA Fisheries recommendations completed. Are project conditions required? D YES (see Section V) D NO (Review Concluded) Record of Environmental Consideration (Version April 2007) Comments: Project is not located in any surface waters with the potential to affect EFH species. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) referenced 04/22/08. K. Wild and Scenic Rivers Act r8J Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) D Project is along or affects WSR D Project adversely affects WSR as determined by NPSIUSFS. FEMA cannot fund the action. (NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) D Project does not adversely affect WSR. (NPSIUSFSIUSFWS/BLM consultation on file) Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: Project is not along and does not affect Wild or Scenic River (WSR). Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.htmi. L. Resource Conservation and Recovery Act State Hazardous Materials and Solid Waste Laws and Resource Conservation and Recovery Act Comments: The renovation activities associated with this project may result in various types of debris and wastes, some of which may be hazardous. Therefore, all debris and waste must be treated, stored, and disposed of in a proper manner and location. (See Section V) II. Compliance Review for Executive Orders A. E.O. 11988 -Floodplains D No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) r8J Located in Floodplain or Effects on Floodplains/Flood levels D No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Beneficial Effect on Floodplain OccupancyNalues (Review Concluded). r8J Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment r8J 8 Step Process Complete -documentation on file Are project conditions required? r8J YES (see Section V) D NO (Review Concluded) Comments: The City ofNew Orleans/Orleans Parish is enrolled in the National Flood Insurance Program (NFlP) as of 8/311970. Per Flood Insurance Rate Map (FIRM) panel number 2252030160E dated 3/1/1984, project is located within an "A8" zone, area of 100-yr flooding, base flood elevations and flood hazard factors as determined. Project is replacement of building, including electrical components. In compliance with EO 11988, a completed 8-step process showing considered alternatives is attached. Per 44 CFR 9.11 (d)(9), the replacement ofbuilding contents, materials and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the Advisory Base Flood Elevation (ABFE) per the ABFE maps. Per 44 CFR 9.12, a cumulative final public notice was published 10/26/2007. Correspondence/ConsultationIReferences: B. E.O. 11990 -Wetlands r8J No Effects on Wetland(s) and/or project located outside Wetland(s) -(Review Concluded) D Located in Wetland or effects Wetland(s) D Beneficial Effect on Wetland -(Review Concluded) D 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? D YES (see Section V) 0 NO (Review Concluded) IComments: No wetlands were determined to be present by checking the USFWS National Wetlands Inventory (NWI) maps. I Record ofEnvironmental Consideration (Version April 2007) Correspondence/ConsultationiReferences: USFWS NWI map accessed on-line. (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) 1112312007. Comments: None C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations LZl Project scope of work has no potential to adversely impact any population (Review Concluded) D No Low income or minority population in, near or affected by the project based on information gathered from [add a reference] (Review Concluded) D Low income or minority popUlation in or near project area D No disproportionately high and adverse impact on low income or minority population (Review Concluded) D Disproportionately high or adverse effects on low income or minority popUlation Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments The percent populations of70125 are: 71.3% Black, 25.6% White, 2.6% Hispanic. The median household income in 1999 was $ 20,089 and 37.3% of families are below poverty level. Correspondence/ConsultationiReferences: U.S. Census bureau 2000 data at http://factfinder.census.gov, referenced 04/22/08. 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). Corres ondence/ConsultationiRe erence: IV. Extraordinary Circumstances Yes D (i) Greater scope or size than normally experienced for a particular category of action D (ij) Actions with a high level ofpublic controversy D (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; D (iv) Employment of unproven technology with potential adverse effects or actions involving unique or unknown environmental risks; D (v) Presence of endangered or threatened species or their critical habitat, or archaeological, cultural, historical or other protected resources; (vi) Presence ofhazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or attention; D (vii) Actions with the potential to affect special status areas adversely or other critical resources such as wetlands, coastal zones, wildlife refuge and wilderness areas, wild and scenic rivers, sole or principal drinking water aquifers; D (viii) Potential for adverse effects on health or safety; and D (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection ofthe environment. D (x) Potential for significant cumulative impact when the proposed action is combined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves. V. Environmental Review Project Conditions Project Conditions: Record of Environmental Consideration (Version April 2007) This project must comply with all conditions of the attached Programmatic Categorical Exclusion. In addition, the following conditions apply as a condition of FEMA funding reimbursement: • In accordance with the Fonnosan Tennite Initiative Act, (LA R.S. 3:339l.l thru 339l.l3) the Louisiana parish of Orleans are under quarantine. The movement of wood or cellulose material, temporary housing or architectural components (e.g. beams, doors and other wood salvaged from a structure) may not leave the quarantined parishes without written authorization from the commissioner of the Louisiana Department of Agriculture and Forestry or his designee(s). • Applicant is responsible to ensure potential hazardous materials, if any, shall be removed, handled, transported and disposed of in accordance with local, state and federal compliance requirements. • Per Clean Air Act National Emission Standards for Hazardous Air Pollutant regulations and Louisiana Administrative Code 33:III 5151, demolition activities related to Possible Asbestos-Containing Materials (PACM) must be inspected for ACM/PACM where it is safe to do so. ACM/PACM must be handled in accordance with local, state and federal regulations and disposed of at approved facilities that accept ACM. Demolition activity notification must be sent to the LDEQ before work begins. • Per 44 CFR 9.11 (d)(9), the replacement of building contents, materials and equipment should be, where possible, wet or dry-proofed, elevated, or relocated to or above the Advisory Base Flood Elevation (ABFE) per the ABFE maps. Per 44 CFR 9.12, a cumulative final public notice was published 10/26/2007. • FEMA developed a Memorandum of Agreement (MOA), stipulating the measures to resolve the adverse effect as required by Stipulation VllI ofFEMA's Programmatic Agreement executed December 3, 2004. The MOA went into effect on April 15,2008 when it was signed by the final Signatory Party, the Advisory Council on Historic Preservation. FEMA has satisfied its responsibilities under Section 106 of the National Historic Preservation Act by execution and implementation of the MOA. The clearance is contingent upon Recovery School District fulfilling the treatment measures included in the MOA. Record of Environmental Consideration (Version April 2007)