FEMA Environmental Reviewer: ~~~~~~___ "Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL --LOUISIANA See 44 Code of Federal Regulation Part 10 Project NamelNumber: Gordon Elementary School Portable Classroom Bldg! PW 15241 vsn3 Applicant Name: Recovery School District Project Location: 6101 Chatham Dr. New Orleans, LA 70122 Latitude: 30.02055, Longitude: ·90.07284 Project Description: Hurricane Katrina caused catastrophic damage on August 29, 2005 to Gordon Elementary School Portable Classroom Bldg. 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 ofanother existing RSD school. This project scope of work includes only the demolition and disposal ofGordon Elementary School Portable Classroom Bldg. National Environmental Policy Act (NEPA) Determination D Statutorily excluded from NEPA review (Review Concluded) D Programmatic Categorical Exclusion D Categorical Exclusion· Category No Extraordinary Circumstances exist. Are project conditions required? D 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 ~ Scope of work requires public involvement plan Comments: This project meets the criteria to utilize the Alternative Arrangements process within the National Environmental Policy Act (NEPA) approved by the Council on Environmental Quality, Department of Homeland Security, and FEMA on 3123/06. Based on documentation provided by the applicant, FEMA has determined that the Recovery School District has conducted a satisfactory process ofpublic involvement and outreach in its project development and is otherwise eligible for consideration under Alternative Arrangements for NEPA compliance. The Recovery School 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 closeout reviewer. D Project is Non-Compliant (see attached documentation justifying selection). Reviewer and Approvals ecialist, FEMA LA-TRO Date 4-)3 -0 i FEMA Environmental Liaison Officer or Delegated Approving Official: Name: Cynthia Teeter, Deputy Environmental Liaison Officer, FEMA LA TRO Reviewer Name: Adam Borden Project Name: Gordon Elementary School Portable Classroom Bldg Parish: Orleans FEMA.I~LA~ Signature ~Y'.A ~ 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 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 45150 years or older in project area. (Review Concluded) I:8J Building or structure listed or 45150 years or older in project area and activity not exempt from review. I:8J Detennination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? I:8J Yes (see Section V) D No (Review Concluded) D Detennination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) D Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments D No Adverse Effect Detennination (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Detennination (FEMA finding/SHPO/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) 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 Detennination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence on file) (Review Concluded) D Project area has potential for presence of archeological resources D Detennination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required D Yes (see Section V) D No (Review Concluded) D Detennination of historic properties affected D NR eligible resources not present (FEMA finding/SHPO/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 finding/SHPO/THPO concurrence on file) D No Adverse Effect Detennination (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? D Yes (see Section V) D No (Review Concluded) D Adverse Effect Detennination (FEMA finding/SHPO/THPO concurrence on file) D Resolution ofAdverse 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 Officer (SHPO), has detennined that the demolition ofGordon Elementary School Building E and removal offoundation will have no effect on historic properties. 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) Reviewer Name: Adam Borden Project Name: Gordon Elementary School Portable Classroom Bldg FEMA-1603-DR-LA Parish: Orleans 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 determinationlUSFWSINMFS 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 15,2005 for Katrina. C. Coastal Barrier Resources Act t8I 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 determinationlUSFWS 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) NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: Louisiana Coastal Barrier Resource System Maps referenced 04/20/09. D. Clean Water Act t8I Project would not affect any waters ofthe U.S. (Review Concluded) o Project would affect waters, including wetlands, of the U.S. o Project exempted as in kind replacement or other exemption. (Review Concluded) o Project requires Section 404/40 I 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 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/nwi/) queried on 04/20/09. 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) t8I Project is located in a coastal zone area and/or affects the coastal zone t8I 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. Correspondence/Consultation/References: Louisiana Coastal Zone maps queried 04/20/09. F. Fish and Wildlife Coordination Act t8I Project does not affect, control, or modify a waterwaylbody of water. (Review Concluded) o Project affects, controls or modifies a waterwaylbody ofwater. o Coordination with USFWS conducted o No Recommendations offered by USFWS. (Review Concluded) o Recommendations provided by USFWS. Reviewer Name: Adam Borden Project Name: Gordon Elementary School Portable Classroom Bldg I FEMA-160l-DR-LA Parish: Orleans i i Ii Are project conditions required? D YES (see Section V) D NO (Review Concluded) I i t l Comments: No streams or water bodies are located in or near the project area. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.1ouisiana.govl) queried 04/20109. t G. Clean Air Act I t IZI 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? D YES (see section V) D NO (Review Concluded) i f 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 J ! ! impact is anticipated. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. t ! H. Farmland Protection Policy Act IZI 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) I D Project does not affect designated prime or unique farmland. (Review Concluded) o Project causes unnecessary or irreversible conversion of designated prime or unique farmland. f D Coordination with Natural Resources Conservation Service required. I D Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? D YES (see section V) D NO (Review Concluded) ! I ! ! I ! t I I I 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 (http://websoilsurvev.nrcs.usda.gov/app/ ) referenced 04/20/09. I. Migratory Bird Treaty Act D Project not located within a flyway zone (Review Concluded) IZI Project located within a flyway zone. [8J Project does not have potential to take migratory birds (Review Concluded) Are project conditions required? D Yes (see section V) IZI No (Review Concluded) D Project has potential to take migratory birds. D Contact made with USFWS 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 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 [8J 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) Reviewer Name: Adam Borden Project Name: Gordon Elementary School Portable Classroom Bldg FEMA·1603·DR·LA Parish: Orleans Comments: Project is not located in any surface waters with the potential to affect EFH species. Correspondence/Consultation/References: Louisiana Map (http://www\amap.doa.louisiana.govD referenced 04/20/09. K. Wild and Scenic Rivers Act [gJ 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) o Project does not adversely affect WSR. (NPSIUSFSIUSFWS/BLM consultation on file) Are project conditions required? YES (see Section V) 0 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.html. 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 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 [gJ No Effect on FloodplainsiFlood levels and project outside Floodplain -(Review Concluded) o Located in Floodplain or Effects on FloodplainsiFlood levels o No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded), Are project conditions required? 0 Yes (see Section V) 0 No (Review Concluded) o Beneficial Effect on Floodplain Occupancy/Values (Review Concluded), o Possible adverse effects associated with investment in floodplain, occupancy or modification offloodplain environment o 8 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 offunds or changes to the scope of work. Correspondence/Consultation/References: Kimberly R. Rogers, Floodplain Management Specialist B. E.O. 11990 -Wetlands [gJ No Effects on Wetland(s) andlor project located outside Wetland(s) -(Review Concluded) o Located in Wetland or effects W etland( s ) o Beneficial Effect on Wetland -(Review Concluded) o Possible adverse effect associated with constructing in or near wetland o Review completed as part of floodplain review o 8 Step Process Complete -documentation on file Are project conditions required? 0 YES (see Section V) 0 NO (Review Concluded) 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 Iwtlndsllaunch.html) 04/20/2009. C. E.O. 12898 -Environmental Justice for Low Income and Minority Populations Reviewer Name: Adam Borden Project Name: Gordon Elementary School Portable Classroom Bldg FEMA-1603-DR-LA Parish: Orleans D 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) IZJ 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) IZJ Disproportionately high or adverse effects on low income or minority population Are project conditions required? IZJ YES (see Section V) D NO (Review Concluded) Comments The percent populations of70122 are: 73.2% Black, 23.0% White, 3.2% Hispanic. The median household income in 1999 was $ 19,567 and 34.0% offamilies are below poverty level. This project involves the demolition and abandonment of a 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 ofthe 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 of the students. One of the main goals ofthe 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 meticulously documented and public comments were correlated for consideration in the plan. The Recovery School 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 closeout reviewer. Correspondence/Consultation/References: U.S. Census bureau 2000 data at http://factfinder.census.gov, referenced 104/20/09. 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 Yes D (i) Greater scope or size than normally experienced for a particular category of action D (ii) Actions with a high level of public controversy D (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; D (iv) Employment ofunproven 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; D (vi) Presence of hazardous 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. Record ofEnvironmental Consideration (Version April 2007) Reviewer Name: Adam Borden Project Name: Gordon Elementary School Portable Classroom Bldg FEMA-160l-DR-LA Parish: Orleans IComments: v. Environmental Review Project Conditions Project Conditions: 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 :3391.1 thru 3391.13) the Louisiana parish of Orleans is 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 ofthe Louisiana Department of Agriculture and Forestry or his designee(s). • Applicant is responsible to ensure potential hazardous materials, ifany, shall be removed, handled, transported and disposed of in accordance with local, state and federal compliance requirements. • If during the course of work, 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 or minimize hann to the finds. The applicant shall infonn their Public Assistance (PA) contacts at FEMA, who will in tum contact FEMA Historic Preservation (HP) staff. The applicant will not proceed with work until FEMA HP completes consultation with the 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 of Archaeology at 225-342-8170 within seventytwo hours ofthe discovery. Ifthis 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. Failure to comply with these stipulations may jeopardize receipt of federal funding. • The Recovery School 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 closeout reviewer.