Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA See 44 Code of Federal Regulation Part 10 ~. . ~; Project NamefNumber: Lockett Elementary School-PW 12422V2 Applicant Name: Recovery School District Project Location: 3240 Law Street New Orleans, Louisiana 70117 Latitude: 29.99918 Longitude: -90.03738 Project Description: Hurricane Katrina caused catastrophic damage on August 29,2005 to Lockett Elementary School. This project is one among a total of22 contributing (donor) facilities approved by FEMA for replacement. The Recovery School District chooses to use eligible funds for this replacement project (less demolition costs) towards the renovation of another existing RSD school. This project scope of work includes only the demo~tion and disposal of Lockett Elementary School. N t'ooa Enyironmental Polic Act NEPA Determination :~; Si~tuiQrp~ e~cluded fr?m NEP A ~eview (Review Concluded) o Programmatic Categoncal ExclusIOn o Categorical Exclusion -Category D, . No Extraordinary Circumstances exist. ,~' Areproject conditions required? D Yes (see section V) DNa (Review Concluded) D Extraordinary Circumstances exist (see Section N). 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 [8] Scope of work requires public involvement plan Comm.ent$: T~is project meets the criteria to utilize the Alternative Arrangements proce~s ~ithin the National E'nviroiimental Policy Act (NEPA) approved by the Council on Environmental Quality, Department of Homeland Security, and FEMA on 3/23/06. Based on documentation provided by the applicant, FEMA has determined that the Recovery School Oi~tricf has co'riducted a satisfactory process of public involvement and outreach in its praj'ect development and is otherwise t:likibldorcclt)sideration under Alternative Arrangements for NEPA compliance. The Recovery School District is reipori~ibJe fbr1archiving public involvement materials. This material will be available at close-out for authentication and such documentation will be made available for the closeout reviewer. , , Project'is Non-Compliant (see attached documentation justifying selection}.; . Reviewer and Approvals A LA-TRO Signatur --+~L--H----j--...!4~~----Date iso fficer or Delegated Approving Official: v' Environmental Liaison Officer, FEMA LA TRO·,:.;: (Y\ ~ Date ~/d?r/O~{~l, . t' ,',_ Record of Environmental Consideration (Version April 2007) Reviewer Name: Catherine Jones Project Name: Lockett Elementary School FEMA-1603-DR~L~ Parish: Orleans I. Compliance Review for Environmental Laws (other than NEPAl 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 ~Programmatic Agreement not applicable for historic structures or archeological sites, must conduct standard Section 106 Review (see comments). D Other Programmatic Agreement dated applies HISTORlCaUILDINGS AND STRUCTURES D No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) ~Buildi,ng o~ structure listed or 45/50 years or older in project area and activity not exempt from review . . ~Determination of No Historic Properties Affected (FEMA findingiSHPO/THPO concurrence on file) Are project conditions required? ~Yes (see Section V) D No (Review Concluded) '. D'D~termination of Historic Properties Affected (FEMA findingiSHPO/THPO 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 r D No Adverse Effect Determination (FEMA findingiSHPO/THPO co~c~irence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPO/THPO 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) ARCHEOLOGICAL RESOURCES D Project scope of work has no potential to affect archeological resources (Review Concluded) ~Project affects only previously disturbed ground. (Review Concluded) D Project affects undisturbed ground or grounds associated with a historic structure ;.! ;. ~ :tJ\P~j:ect area has no potential for presence of archeological resources .. t. ,D Determination of no historic properties affected (FEMA findinglSHI;:P/tTHPO concurrence on file) , . (Review Concluded) .. ;-:;~,;' D PI:Qject area has potential for presence of archeological resources D Determination of no historic properties affected (FEMA findingiSHPO/THPO concurrence on file) Are project conditions required D Yes (see Section V) D NojRl;v,iew Concluded) D Determination of historic properties affected '. \,j f r ': D NR eligible resources not present (FEMA findingiSHPO/THPO 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 findingiSHPO/THPO concurrence on file) D No Adverse Effect Determination (FEMA findingl SHPO/THPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Determination (FEMA findingiSHPO/THPO 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) Comm~n!$:,-A review of version #3 of this project was conducted in accordance FEMA's Programmatic Agreement dated December J,.2{l.Q4. FEMA has determined that No Historic Properties are affected by the demolition of Lockett Elementary: SHPO concurrence with this determination was received, dated 08/12/2008.:;rtwreview of the Alternate project associated with this PW will be documented in PW 18597. The applicant must comply Wifh:fhe Louisiana Unmarked Human BuriSiI Sites Preservation Act (R.S. 8:671 et seq.) and the Inadvertent Discovery tJ'ause, which can be found under the Environmental Review NHPA conditions. Correspondence/Consultation/References: Rusty Anchors, Historic Preservation SpecilJ~st '.. l ;! '; ) ( B. Endangered Species Act I ~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, Record of Environmental Consideration (Version April 2007) Reviewer Name: Catherine Jones Project Name: Lockett Elementary School FEMA-1603-DR-LA Parish: Orleans o No effect to species or designated critical habitat. (See comments for justification) 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 detenninationlUSFWSINMFS concurrence on file) (Review Concluded) , Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) oLiICely to adversely affect species or designated critical habitat , ' , :\'0 Fonnal consultation concluded. (Biological Assessment and Biologl~~lbpinion on file) Are project conditions required? 0 YES (see Section V) 0 NO '(RevIew Concluded) " ,.. ,1 .• J , ' Comm~~/F!Project is located in an urban or previously developed area. Neither listed species nor their habitat occur in or near thi,s 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 15, 2005 for Katrina. C. Coastal Barrier Resources Act I:8J 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 detenninationlUSFWS consultation on file) o Proposed action an exception under Section 3505.a.6 (Review Concluded) o Proposed action not excepted under Section 3505,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 rvbps referenced 04/21/09. D. Clean Water Act o Proj6€t~outd not affect any waters of the u.s. (Review Concluded) D Project woUld affect waters, including wetlands, of the U.S. ;EJ Prl1ject exempted as in kind replacement or other exemption. (Review Com:iIUded):, ,0 Project requires Section 404/401 of Clean Water Act or Section 911 0 of Rivers and Harbors Act penn it, including qualification under Nationwide Penn its. Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) o Project would affect waters of the U.S. by discharging to a surface water body. Comments: No jurisdictional waters of the U.S., including wetlands, occur in the project area. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwil) queried on 04/22/09. E. Coastal Zone Management Act D Project·is ~Qt located in a coastal zone area and does not affect a coastal zone area (Review concluded) I:8J Projeet is located in a coastal zone area and/or affects the coastal zone . tgJ' State administering agency does not require consistency review. (Review C~ncluded). . . 0 State administering agency requires consistency review. ,. An~ project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) .~; ':"l. ....\,1;. v , t I , Comments: lJ\is project is located within the Louisiana Coastal Management Zone.,LAJJNR has detennined that receipt of , ." "~' .. "il r ~, 6H'\' ~. . ' federal assi~tan~ is consistent with the Louisiana Coastal Resource Program. Projects-~,!:~~j~the coastal z?ne may still require a coastal use penn it or other authorization from DNR. Projects may be coordinated by contacting LA DNR at 1800- 276-4019. Correspondence/Consultation/References: Louisiana Coastal Zone maps queried 04/22/09. i f F. Fish and Wildlife Coordination Act ! I:8J Project does not affect, control, or modify a waterway/body of water. (Review Concluded) I o Project affects, controls or modifies a waterway/body of water. i o Coordination with USFWS qmducted I o No Recommendations offered by USFWS. (Review Concluded) r Record,ofEny~ronmental Consideration (Version April 2007) 3 :f; . .~ i ~,:: \ ..--,--:,,-, Reviewer Name: Catherine Jones Project Name: Lockett Elementary School FEMA-1603-DR-LA Parish; Orleans D Recommendations provided by USFWS. Are project conditions required? D YES (see Section V) D NO (Review Concluded) Comments: No streams or water bodies are located in or near the project area. Correspondenc,e/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana:'gov/) queried 04/22109. G! Clean Air Act (gJ Project willnot 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? D YES (see section V) D NO (Review Concluded) Comments: This project involves the renovation ofa 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 [8J Project will not affect undisturbed ground. (Review Concluded) . D,Projett has a zoning classification that is other than agricultural or is in an urbanized area. (Review Concluded) Q,ProJectaoos: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. ' " '" D Farmland Conversion Impact Rating, Form AD-) 006, completed. ":, I :, " " 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 (FPP A) is precluded. No prime or unique farmland present. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey ! (htto:llwebsoilsurvev.nrcs.usda.!!ov/aoo/) referenced 04/22109. I. Migratory Bird Treaty Act D Project not located within a flyway zone (Review Concluded) (gJ Project located within a flyway zone. (gJ Pr<;lject does not have potential to take migratory birds (Review Concluded) 'Afe'project conditions required? D Yes (see section V) (gJ No (Review Co:"'cJuded) : D Project has potential to take migratory birds . . " D Contact made with USFWS . ", .;f; Are project conditions required? D YES (see section V) D NO (Review Concluded) Comments! The site is an existing disturbed area with little value to migratory birds arid ~ould not be included in the USFWS migratory bird management program. "" 'o, ' Correspondence/Consultation/References: USFWS guidance letter dated September 27, 2005. J. Magnuson-Stevens Fishery Conservation and Management Act (gJ Project not located in or near Essential Fish Habitat (Review Concluded) D Project located in or near Essential Fish Habitat. Project does not adversely affect Essential Fish Habitat (Review Concluded) Are project conditions required? D Yes (see Section V) D No (Review Concluded) 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 completel:li• Are project conditions required? D YES (see Section V) NO (Review Concluded) Record' of Environmental Consideration (Version April 2007) I; Reviewer Name: Catherine Jones Project Name: Lockett Elementary School FEMA-I'03-DR~L1\ Parish: Orleans 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.govD referenced 04/22/09. K. Wild and Scenic Rivers Act cgj Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) o Project is along or affects WSR o Project adversely affects WSR as determined by NPSIUSFS. FEMA cannot fund the action. (NPSIUSFSIUSFWSIBLM consultation on file) (Review Concluded) ., Pr9ject does not adversely affect WSR. (NPS/USFS/USFWSIBLM consult~tioh' on file) Are project conditions required? YES (see Section V) 0 NO (Review Concluded) n:'l ;;';.~\. Comments: Project is not along and does not affect Wild or Scenic River (WSR). Correspondince/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.htm1. L. Resonrce 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 ofdebris 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 :,. cgj No Effect \jnFloodplainslFlood levels and project outside Floodplain -(Review Co~'trU'ded) o Located in Floodplain or Effects on FloodplainslFlood levels J,.;>:;" ONo adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), , :,' Are project conditions required? Yes (see Section V) 0 No (Review Concluded) '·'B'B˘'rieficial Effect on Floodplain OccupancyNalues (Review Concluded), o Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment . 08 Step Process Complete -documentation on file Are project conditions required? 0 YES (see Section V) 0 NO (ReView Concluded) Comments: This version is for the demolition ofthe facility. The remaining replacement funds will be de-obligated and applied to an alternate project involving another facility. No further floodplain review will be forthcoming for PW listed unless there should be are-obligation of funds or changes to the scope of work. Correspondence/Consultation/References: Melanie Sibley, Environmental Specialist-Floodplain B. E.O. 11990 -Wetlands cgj No Effect$ on Wetland(s) and/or project located outside Wetland(s) -(Review Concluded) o Located~ }y"etland or effects Wetland(s) ,dll;i; .0 Bt:;neficial Effect on Wetland -(Review Concluded) '''.';;', "0 Possible adverse effect associated with constructing in or near wetland o Review completed as part of floodplain review , ; ,!;' 0 8 Step Process Complete -documentation on file Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) •. ' lSI ,I. Comments: No wetlands were determined to be present by checking the USFWS National Wetlands Inventory (NWI) maps, Correspondence/Consultation/References: USFWS NWI map accessed on-line. (http://wetlandsfws.er.usgs.gov/wtlnds/launch.html) 04/2212009. C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations Record of Environmental Consideration (Version April 2007) Reviewer Name: Catherine Jones Project Name: Lockett Elementary School FEMA-1603-DR-LA Parish: Orleans D Project scope of work has no potential to adversely impact any population (Review Concluded) oNo Low incpme or minority population in, near or affected by the project based on inforlrtation gathered from [add a reference)' (Review Concluded) : IZI Low incorri'e or minority population in or near project area . . D No. disproportionately high and adverse impact on low income or minority population (Review Concluded) IZI Disproportionately high or adverse effects on low income or minority population Are project conditions required? [8] YES (see Section V) D NO (Review Concluded) Comments The percent populations of70117 are: 31.9% Black, 64% White, and 3,0% Hispanic. The median household income'iIi 1999was $ 40,160 and 15.0% offamilies are below poverty level. '!d \\, This project involves the demolition and abandonment ofa public school. Costs associated with rebuilding this school will be applied to the reconstruction of other schools throughout Orleans Parish. This action takes into consideration the changed demographics as a result of the storm; the changed cultural environment subsequent to the age of school integration; and the substandard functionality of the existing buildings. This action is considered to be the best alternative for the welfare ofthe students. One of the main goals of the RSD Master Plan was to ensure the maximization of public involvement and develop a plan that is embraced by the public. Numerous public meetings were held in developing the Master Plan. The meetings were meticul.ously dQcumented and public comments were correlated for consideration in the p\~I}"" ,.! : ~: .i< ''\ oI-~ The R~~qY5:ry,~$chool District is responsible for archiving public involvement materials. This material will be available at close-out for authentication and such documentation will be made available for the c1oseQ'~l~!'lviewer. ;','1 ;11 q.} Correspolldem;'e;ConsultationiRejerences: U.S. Census bureau 2000 data at http://factfinder.census.gov, referenced 04122/09. '~l, (', J ,(. ~ 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). IV. Extraordinary Circumstances \ i Y,t:~, ", i I"", D' ,(i})Jreater scope or size than normally experienced for a particular category ,~,f ~~tion D (ii) Actions with a high level of public controversy O'ii!"