Reviewer Name: Brandon M. Clark Applicl|nt: St Bemard Parish Schoo, Board Disaster/Emergency/Program/Project Title: DR1603LA/HurricaneKatrina/PublicAssistanceProgram/ESB0109JJDavis ElementarySchool Record of Environmental Consideration See44 Code ofFederal Regulation Part10. Project Name/Number: ESB0109 JJDavis Elementary School / PW 11080 Project Location: 4101 Mistrot Drive, Meraux, Louisiana, St. Bernard Parish 70075 (N29 93815 W89.92339) Project Description: Project activities include repairing the playground to pre-disaster condition and upgrading to current Codes and Standards. Project includes replacing one drop shot ball stand, one 20' high aluminum flag post, 181 linear feet of 6' high chain link fence, repairing 35 linear feet of 6' highchain link fence, replacing 12 block climbers, 3,984 square feet of 12" thick wood bark play surface at the swing area, (46) 6' long concrete wheel stops in parking lots, and 101 linear feet of 6" high concrete curb. Documentation Requirements • No Documentation Required (Review Concluded) • (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) fcRj (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) [J Categorical Exclusion -Category LJ No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) • Extraordinary Circumstances exist (See Section IV). • Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? • Yes (see section V) • No (Review Concluded) LJ Environmental Assessment • Supplemental Environmental Assessment (Reference EA or PEA in comments) Environmental Impact Statement Comments: 7/17/2006-This project meets the criteria for an alternative arrangement (permanent schools) type ofproject. This project has conditions and requires mitigation under the other EHP laws. Record ofEnvironmental Consideration 1 07/17/06 Reviewer Name: Brandon M. Clark A ,. ( c. r> j n Lr, Disaster/Emergency/Progra^rojectTine: DR1603LA/Hurricane Katrina/Public Assistance JK^^^"eĢ2SSoo. Reviewer and Approvals • Project is Non-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Brandon M. Clark, Environmental Specialist Signature h^^^n^^ CJLa^lfL Date 7/17/2006 * FEMA Regional Environmental Officer or delegated approving official. Name: Donald R. Fairley, ELO Signature_Z^^r&/-^ /^^^ Date 7/17/2006 l-Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act DNot type of activity with potential to affect historic properties. (Review Concluded) H Applicable executed Programmatic Agreement 12/3/04 Otherwise, conduct standard Section 106 review U Activity meets Programmatic Allowance # Appendix A. Section I-D. E and T Are project conditions required? |g Yes (see section V) QNo (Review Concluded) HISTORIC BUILDINGS AND STRUCTURES IHj No historic properties that are listed or 45/50 years or older in project area. (Review Concluded! U Building or structure listed or 45/50 years or older in project area and activity not exempt from review U Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see section V) • No (Review Concluded! U 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 the consultation process. Ifnot, explain in comments • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? Q Yes (see section V) QNo (Review Concluded) U Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) • Resolution of Adverse Effect completed. (MOA on file) Are project conditions required D Yes (see section V) Q No (Review Concluded! ARCHEOLOGICAL RESOURCES [3 Project affects only previously disturbed ground. (Review Concluded! • Project affects undisturbed ground. • Project area has no potential for presence of archeological resources • Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded! • Project area has potential for presence ofarcheological resources • Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required Q Yes (see section V) • No (Review Concluded! |_J Determination ofhistoric properties affected • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required QYes (see section V) Q No (Review Concluded! U NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file) • No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? D Yes (see section V) D No (Review Concluded! U Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) • Resolution of Adverse Effect completed. (MOA on file) Are project conditions required? D Yes (see section V) • No Record ofEnvironmental Consideration 2 07/17/06 Reviewer Name: Brandon M. Clark Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program /ESB0109 JJ Davis Elementary School (Review Concluded! Comments: 7-14-06-Historicreviewcomplete. Thescopeofworkaswrittenincludesgrounddisturbingactivities,which consistofthereplacementofplaygroundequipment,thereplacementofachainlinkfence, thereplacementofaflagpole, andthereplacementofaconcretedriveway. AreviewofSHPOdataindicatesthattherearenoknownarchaeologicalsites within 0.25 miles ofthis project area. This scope of works meets Programmatic Agreement (12/3/2004) Allowance Appendix A, Section I-D, Eand I. However, ifduring the course of work, archaeological artifacts (prehistoric or historic) or hupian remains are discovered, the applicant shall stop work in the vicinity of the discovery and take 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, 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 at 225-342-8170) within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt of FEMA funding. Ifthe scope of work changes, this project will need to be resubmitted for further historic review. Kelly Arford, Historic Preservation Specialist/Archaeologist Correspondence/Consultation/References: B. Endangered Species Act ^ No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded! • Listedspecies 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? • 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 onfile) (Review Concluded! Are project conditions required? • Yes (see section V) [J No (Review Concluded! • Likely to adversely affect species or designated critical habitat • Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? • YES (see section V) • NO (Review Concluded! Comments: None Correspondence/Consultation/References: C. Coastal Barrier Resources Act ^ 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: Project isnot inoradjacent toany waterways ofthe US. Correspondence/Consultation/References: Record of Environmental Consideration 07/17/06 Reviewer Name: BrandonM. Clark Applicant: St. BernardParishSchoolBoard Disaster/Emergency/Program/Project Title: DR1603LA/ HurricaneKatrina/ PublicAssistanceProgram/ ESB0109JJ DavisElementarySchool E. Coastal Zone Management Act J Project is not located ina coastal zone area and does not affect a coastal zone area (Review concluded) E^l Project islocated ina coastal zone area and/or affects thecoastal zone ^ State administering agency does not require consistency review. (Review Concluded). I~~l State administering agency requires consistency review. Are project conditions required? O YES (see section V) Q NO (Review Concluded! Comments: FEMA has determined that this project is consistent with the Coastal Zone Management Act and the Louisiana Coastal Management Plan (LCMP). Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act E3Projectdoesnotaffect,control,ormodifyawaterway/bodyofwater. (ReviewConcluded) f~l Projectaffects,controlsormodifiesawaterway/bodyofwater. O Coordination with USFWS conducted "2 No Recommendations offered by USFWS. (Review Concluded! I~~l Recommendations provided byUSFWS. 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 Ģ3 Project will notresult inpermanent airemissions. (Review Concluded) J Project is located in an attainment area. (Review Concluded! I~lProject islocated ina non-attainment area. 11 Coordination required with applicable state administering agency.. Are project conditions required? \_J YES (see section V) LJ NO (Review Concluded) Comments: Project will not result in permanent air emissions. Correspondence/Consultation/References: H. Farmland Protection Policy Act E3 Project does notaffect designated prime orunique farmland. (Review Concluded) l~lProject causes unnecessary orirreversible conversion ofdesignated prime orunique farmland. I I Coordination with Natural Resource Conservation Commission required. I~1 Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? Q YES (see section V) Q NO (Review Concluded) Comments: None Correspondence/Consultation/References: I. Migratory Bird Treaty Act UProject notlocated within a flyway zone. (Review Concluded! [X] Project located within a flyway zone. E>3Projectdoesnothavepotentialtotakemigratorybirds. (ReviewConcluded) Areproject conditions required? O Yes (seesection V) ^ No(Review Concluded) I IProject has potential to take migratory birds. • Contact made with USFWS Are project conditions required? [J 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 not have adverse impacts on migratory birds or other fish and wildlife reserves. These determinations are based on the understanding that the conditions outlined in the Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflyway.gov/Documents/Mississippi map.pdf Record of Environmental Consideration 4 07/17/06 Reviewer Name: Brandon M. Clark Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina / Public Assistance Program / ESB0109 JJ Davis Elementary School J. Magnuson-Stevens Fishery Conservation and Management Act 13Project not located in or near Essential Fish Habitat. (Review Concluded! • Project located in ornear Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded! Are project conditions required? • Yes (see section V) Q No (Review Concluded! • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) • NOAA Fisheries provided no recommendation(s) (Review Concluded!. Are project conditions required? • Yes (see section V) • No (Review Concluded! • NOAA Fisheries provided recommendation(s) • 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 E3 Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded! • Project is along oraffects WSR • Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action. (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? Q YES (see section V) • 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 • No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded! E3 Located in Floodplain or Effects on Floodplains/Flood levels E9 No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded!. Are project conditions required? • Yes (see section V) |3 No (Review Concluded! • Beneficial Effect on Floodplain Occupancy/Values (Review Concluded!. • Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment • 8Step Process Complete -documentation on file Are project conditions required? • YES (see section V) • NO (Review Concluded! Comments: 07/13/06 -The Parish ofSt. Bernard enrolled in the National Flood Insurance Program 03/13/70 Per Flood Insurance Rate Map (FIRM) 225204 0295 B, dated 05/01/85, project is located in Zone B, area protected from the 100-yrflood by levee, dike or other structures subject to possible failure or overtopping during larger floods. Project is repair of grounds facilities and should have no effect onthe floodplain. Casey Barefield, FPM. Correspondence/Consultation/References: B. E.0.11990 -Wetlands [§] No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded! • Located in Wetland or effects Wetland(s) D Beneficial Effect on Wetland -(Review Concluded! • Possible adverse effect associated with constructing in or near wetland • Review completed as part offloodplain review • 8StepProcessComplete-documentationonfile Are project conditions required? • YES (see section V) • NO (Review Concluded! Record of Environmental Consideration 5 07/17/06 Reviewer Name: Brandon M. Clark Applicant: St. Bernard Parish School Board D.saster/Emergeney/Program/Project Title: DR1603LA/Hurricane Katrina/Public Assistance Program/ESB0109 JJ Davis Elementary School Comments: None Correspondence/Consultation/References: C. E.0.12898 -Environmental Justice For Low Income and Minority Populations P No Low income or minority population in, near or affected by the project -(Review Concluded! • 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! • Disproportionately high or adverse effects on low income or minority population Are project conditions required? • YES (see section V) • NO (Review Concluded! Comments: None Correspondence/Consultation/References: III. Other Environmental Issues Identifyotherpotentialenvironmentalconcernsinthecommentboxnotclearly 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 on an environmental issue. Ifthe circumstance can be mitigated, please explain in comments. If no, leave blank. Yes LJ (i) Greater scope orsize than normally experienced for aparticular category ofaction U (ii) Actions with a high level ofpublic controversy • (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; • (iv) Employment ofunproven 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, historical or other protected resources; • (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or local regulations or standards requiring action or 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, soleor principal drinking water aquifers; • (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 proposed actionmaynotbesignificant by themselves. Comments: None Correspondence/Consultation/References: Record ofEnvironmental Consideration 6 07/17/06 Reviewer Name: Brandon M. Clark Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina/ Public Assistance Program /ESB0109 JJ Davis Elementary School V. Environmental Review Project Conditions Project Conditions: 1. However, 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 preservationstaff. 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 of the discovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call 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. Ifthescopeofworkchanges,thisprojectwillneedtoberesubmittedforfurther historic review. Monitoring Requirements: None Record ofEnvironmental Consideration 7 07/17/06