ReviewerName: LethaDawson Applicant: St.BernardParishSchoolBoard Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0180 P.G.T. Beauregard Middle School -Grounds Record of Environmental Consideration See 44 Code of Federal Regulation Part 10. Project Name/Number: P.G.T. Beauregard Middle School -Grounds / PW 12778 Proiect Location: 1201 Bayou Rd., St. Bernard, Louisiana, St. Bernard Parish 70085 (N 29.86755, W -89.86445) Proiect Description: Project activities include repairing damage to 57 feet of 4 foot chain link fence at the front ofthe school, 230 feet of 6 foot chain link fence at the side of the school, 56 feet of 6 foot chainlinkfenceattheteacher's parkinglot,andthree5footx 8footsections ofcorrugatedaluminum roof on three dugouts at the softball and baseball fields. Some mitigation will be achieved by compliance with current codes and standards and by good construction practices. Documentation Requirements I I No Documentation Required (Review Concluded) I I (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) EX] (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? Q Yes (see section V) Q No (Review Concluded) I I Extraordinary Circumstances exist (See Section IV). I I Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? LJ Yes (see section V) Q No (Review Concluded) Environmental Assessment Supplemental Environmental Assessment (Reference EA or PEA in comments) 1X1 Environmental Impact Statement Comments: This project meets the criteria for an Alternative Arrangement (Permanent Schools) type of project. This project has conditions and requires mitigation under the other Environmental and Historic Preservation (EHP) Laws. Record of Environmental Consideration 1 08/14/06 ReviewerName: Letha Dawson Applicant:St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0180 P.G.T. Beauregard Middle School -Grounds Reviewer and Approvals LJ Project isNon-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer. Name: Letha Dawson, Environmental Specialist Signature [>UWn fX JP^OAjIJU>On^ Date 08/14/2006 , FEMA Regional Environmental Officer or delegated approving official. Name: Howard R. Bush, ELO ^7^-aS Signature /*=~^ /—'— f-^ , Date 08/14/2006 I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act "2 Not type ofactivity with potential toaffect historic properties. (Review Concluded) ^ Applicable executed Programmatic Agreement (12/03/2004) Otherwise, conduct standard Section 106 review. E<3 Activity meets Programmatic Allowance # Appendix A, Section I, E and Section II.E.l Are project conditions required? ^ Yes (seesection V) fj No(Review Concluded) HISTORIC BUILDINGS AND STRUCTURES ~2 No historic properties that are listed or45/50 years orolder inproject area. (Review Concluded) LJ Building or structure listed or 45/50 years or older in project area and activity not exempt from review. 0 Determination ofNo Historic Properties Affected (FEMA fmding/SHPO/THPO concurrence onfile) Are project conditions required? fj Yes (see section V) fj No (Review Concluded) n Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) I IProperty aNational Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments r~l No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile). Are project conditions required? \~\ Yes (see section V) Q No (Review Concluded) II Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence onfile) I I Resolution ofAdverse Effect completed. (MOA onfile) Are project conditions required \Z\ Yes(see section V) O No (Review Concluded) ARCHEOLOGICAL RESOURCES P<] Project affects only previously disturbed ground. (Review Concluded) I IProject affects undisturbed ground. 1 IProject area has nopotential forpresence ofarcheological resources PI Determination ofnohistoric properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) [~~1 Project area has potential forpresence ofarcheological resources [~1 Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required Cj" Yes (see section V) fj No (Review Concluded) I I Determination of historic properties affected I INReligible resources notpresent (FEMA finding/SHPO/THPO concurrence onfile). Areproject conditions required OYes (see section V) Q No (Review Concluded) l~l NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file) [~~l No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence onfile) Are project conditions required? fj Yes (see section V) Q No(Review Concluded) I IAdverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence onfile) Record of Environmental Consideration 2 08/14/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0180 P.G.T. Beauregard Middle School -Grounds • Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? • Yes (see section V) O No (Review Concluded) Comments: 8/12/2006 -Historic review complete: Scope ofwork indicates ground disturbing activities associated with fence repair. Upon consultation ofSHPO data, there are known archaeological sites within .25 miles ofthe project area. However,allworkwilloccuralongexistingfencelineandthusina previouslydisturbedarea. Scopeofworkalsoindicates roofrepaironthreedugouts. Alloftheseproposedrepairactivitiesshouldbedonein-kindtomatchexistingmaterialsand form. Under these conditions, the scope ofwork meets the Programmatic Agreement (12/3/2004) Allowances, Appendix A, Section I,Eand Section II.E. 1. Ifduring the course ofwork, archaeological artifacts (prehistoric orhistoric) orhuman remainsarediscovered, theapplicantshallstopworkinthevicinityofthediscoveryandtakeallreasonablemeasuresto avoid or minimize harm to the finds. The applicant shall inform their Public Assistance (PA) contacts at FEMA, who will in turncontactFEMAHistoricPreservation staff.TheapplicantwillnotproceedwithworkuntilFEMAHistoricPreservation staffhave completed consultation with theLouisiana State Historic Preservation Officer(SHPO). Inaddition, ifunmarked graves arepresent, compliance with theLouisiana Unmarked Human Burial Sites Preservation Act(R.S. 8:671 ETSEQ.) is required. Theapplicant shall notify thelawenforcement agencyofthejurisdiction where theremains arelocated within twenty-fourhoursofthe discovery. Theapplicantshallalso notifyFEMAandtheLouisiana UnmarkedBurialSitesBoard (calltheLouisianaDivisionofArcheologyat225-342-8170)withinseventy-twohoursofthediscovery. Failuretocomply withthesestipulationsmayjeopardizereceiptofFEMAfunding. Ifthescopeofworkchangestoincludegrounddisturbing activitiesoutsideoftheexistingfence lineordugoutroofingmaterialswillnotbe replacedinkind,thisscopeofworkwill needtoberesubmittedforfurtherhistoricreview.-KatherineZeringue, HistoricPreservationSpecialist/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) L~J Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. L~J No effect to species ordesignated critical habitat. (See comments for justification) Are project conditions required? Q Yes (see section V) • No (Review Concluded) LJMayaffect,butnot likelytoadverselyaffectspeciesordesignatedcriticalhabitat (FEMA determination/USFWS/NMFS concurrence on file) (Review Concluded) Are project conditions required? • Yes (see section V) L~J No(Review Concluded) l~1 Likelytoadverselyaffectspeciesordesignatedcriticalhabitat Lj 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 Kl Project isnot onor connected toCBRA Unit orOtherwise Protected Area (Review Concluded). • Project is on orconnected toCBRA Unit orOtherwise Protected Area. (FEMA determination/USFWS consultation on file) J Proposed action an exception under Section 3505.a.6? (Review Concluded) l~1 Proposed action not excepted under Section 3505.a.6. Are project conditions required? Q YES (see section V) O NO (Review Concluded) Comments: None Correspondence/Consultation/References: D. Clean Water Act ^ Project would not affect any waters ofthe U.S. (Review Concluded) L~J Project would affect waters, including wetlands, ofthe U.S. HProjectexemptedasinkindreplacementorotherexemption. (ReviewConcluded) • Project requires Section 404/401 /or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits. Record of Environmental Consideration 3 08/14/06 Reviewer Name: Letha Dawson Applicant: St Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0180 P.G.T. Beauregard Middle School -Grounds Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: Projectisnotinoradjacenttoany waterways oftheUS. Correspondence/Consultation/References: E. Coastal Zone Management Act LJ Project isnot located in acoastal zone area and does not affect acoastal zone area (Review concluded) ^ Project islocated ina coastal zone area and/or affects the coastal zone 03State administering agency does not require consistency review. (Review Concluded). LJ State administering agency requires consistency review. Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: FEMA hasdetermined thatthisproject is consistent with theCoastalZoneManagementAct(CZMA) and the Louisiana Coastal Management Plan (LCMP). Correspondence/Consultation/References: F. Fish and Wildlife Coordination Act £<] Projectdoesnotaffect, control,ormodifyawaterway/bodyofwater. (Review Concluded) LD Projectaffects,controlsormodifiesawaterway/bodyofwater. O Coordination with USFWS conducted J No Recommendations offered by USFWS. (Review Concluded) LJ Recommendations provided byUSFWS. Are project conditions required? Q YES (see section V) • NO (Review Concluded) Comments: Project is not in or adjacent to any waterwaysof the US. Correspondence/Consultation/References: G. Clean Air Act ^ Project will not result inpermanent airemissions. (Review Concluded) l~1 Project islocated inan attainment area. (Review Concluded) LJ Project is located in a non-attainment area. LJ Coordination required with applicable state administering agency.. Are project conditions required? • YES (see section V) LJ NO (Review Concluded) Comments: None Correspondence/Consultation/References: H. Farmland Protection Policy Act ^ Project does not affect designated prime orunique farmland. (Review Concluded) [J Project causes unnecessary orirreversible conversion ofdesignated prime orunique farmland. I I Coordination with Natural Resource Conservation Commission required. LJ Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? • 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) [><] Project located within a flyway zone. [X] Project does nothave potential totake migratory birds. (Review Concluded) Are project conditions required? LJ Yes (see section V) ^ No (Review Concluded) I IProject has potential to take migratory birds. Record of Environmental Consideration 4 08/14/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0180 P.G.T. Beauregard Middle School -Grounds • 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 determinedthatrestorationprojectsfunded with federal resourceswillnothaveadverse impactsonmigratorybirdsorother fish andwildlife reserves. These determinations arebased onthe understanding thattheconditions outlined inthe Louisiana Endangered Species Summary are met. Correspondence/Consultation/References: http://pacificflywav.gov/Documents/Mississippi mapjjdf. J. Magnuson-Stevens Fishery Conservation and Management Act ^ Project not located inor near Essential Fish Habitat. (Review Concluded) LJ Project located in or near 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) LJ NOAA Fisheries provided no recommendation(s) (Review Concluded). Are project conditions required? • Yes (see section V) • No (ReviewConcluded) LJ NOAA Fisheries provided recommendation(s) f~l Written reply toNOAA Fisheries recommendations completed. Are project conditions required? Q YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: K. Wild and Scenic Rivers Act ^ Project is not along and does not affect Wild or Scenic River (WSR) -(Review Concluded) LJ Project is along or affects 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? LJ YES (seesection V) LJ 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 J No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) Ex] Located inFloodplainorEffectsonFloodplains/Floodlevels DJ3 No adverse effect on floodplain and not adversely affected by the floodplain. (Review Concluded). Are project conditions required? LJ Yes (see section V) D^ No (Review Concluded) J Beneficial Effect on Floodplain Occupancy/Values (Review Concluded). I IPossible adverse effects associated with investment infloodplain, occupancy ormodification offloodplain environment [~1 8 Step Process Complete -documentation on file Are project conditions required? LJ YES (see section V) LJ NO (Review Concluded) Comments: 08/04/2006-The parish of St. Bernard is enrolled in the National Flood Insurance Program (NFIP), as of 03/13/70. Per44CFRpart9.5(C)(13),projectisexemptfromfloodplainmanagementreview. J.Schexnayder,Floodplain Management Specialist Correspondence/consultation/references: Record of Environmental Consideration 5 08/14/06 ReviewerName: Letha Dawson Applicant:St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA / Hurricane Katrina / Public Assistance Program / ESB0180 P.G.T. Beauregard Middle School -Grounds B. E.0.11990-Wetlands £3 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) LJ Located in Wetland oreffects Wetland(s) J Beneficial Effect on Wetland -(Review Concluded) LJ Possible adverse effect associated with constructing in ornear wetland J Review completed aspart offloodplain review LJ 8 Step Process Complete -documentation onfile Are project conditions required? • YES (see section V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: C. E.0.12898 -Environmental Justice For Low Income and Minority Populations ^ No Low income orminority population in, near oraffected by the project -(Review Concluded) l~l Low income orminority population in ornear project area J No disproportionately high and adverse impact on low income orminority population-(Review Concluded) LJ Disproportionately high oradverse effects on low income orminority population Are project conditions required? LJ YES (see section V) LJ NO (Review Concluded) Comments: None Correspondence/Consultation/References: 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). Comments: None Correspondence/Consultation/References: IV. Extraordinary Circumstances Based on the review of compliance with other environmental laws and Executive Orders, and in consideration of other 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. If the circumstance can be mitigated, please explain in comments. If no, leave blank. Yes (i) Greater scope or size than normally experienced for a particular category of action (ii) Actions with a high level of public controversy I | (iii) Potential for degradation, even though slight, ofalready existing poor environmental conditions; I I (iv) Employment ofunproven technology with potential adverse effects oractions involving unique or unknown environmental risks; LJ (v) Presenceofendangeredorthreatenedspeciesortheircriticalhabitat,orarchaeological, cultural, historical or other protected resources; I I (vi)PresenceofhazardousortoxicsubstancesatlevelswhichexceedFederal,stateor local regulations or standards requiring action or attention; LJ (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; LJ (viii) Potential foradverse effects onhealth orsafety; and Record of Environmental Consideration 6 08/14/06 Reviewer Name: Letha Dawson Applicant: St. Bernard Parish School Board Disaster/Emergency/Program/Project Title: DR1603LA /Hurricane Katrina /Public Assistance Program /ESBOl 80 P.G T Beauregard Middle School -Grounds • (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 of the proposed action may notbe significant bythemselves. Comments: None V. Environmental Review Proiect Conditions General comments: None Project Conditions: 1. Repair activities should be done in-kind to match existing materials and form. 2. 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 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 Preservationstaffhave completed consultation with theLouisiana StateHistoric 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 ofFEMA funding. Ifthe scope of work changes to include ground disturbing activities outside ofthe existing fence line or dugout roofing materials will not be replaced inkind, this scope ofwork will need to be resubmitted for further historic review. Monitoring Requirements: None Record of Environmental Consideration 7 08/14/06