Reviewer Name: Adam Borden, Env. Specialist Project Name/Env. Database No: School Board Administration Building Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard Record of Environmental Consideration REVISED FOR FEMA ENVIRONMENTAL -LOUISIANA -2006 See 44 Code of Federal Regulation Part 10 ProjectName/Number: School Board Administration Building Grounds / PW#13260 FIPS#087-04449-00 Project Location: 200 E. St. Bernard Highway, Chalmette, LA. 70043 Latitude: 29.93646, Longitude: -89.96465 Project Description: Heavy rains and high winds from Hurricane Katrina (DR-1603) caused significant damage to School Board Administration Building Grounds ofthe St. Bernard Parish School Board. This pw reimburses the eligible applicantforlandscaperepairswhichincludethereplacementof25,000SFofsod,a25CYroadshoulder, 180LFof asphalt paving, and 4,000 SF ofsidewalk. Mitigation will be achieved through codes and standard upgrades for the new material. All work will be performed in a previously disturbed area with no indication ofnearby waterways or other bodies of water. Documentation Requirements • (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) E] (Long version) All applicable laws and executive orders were reviewed. Additional information for compliance is attached tothisREC and/or included inproject files, asapplicable. National Environmental Policy Act (NEPA) Determination Statutorily excluded from NEPA review. (Review Concluded) • Programmatic Categorical Exclusion -Category (Reference PCE in comments) (Review Concluded) • Categorical Exclusion -Category O No Extraordinary Circumstances exist. Are project conditions required? • Yes (see section V) • No (Review Concluded) • Extraordinary Circumstances exist (See Section IV). D Extraordinary Circumstances mitigated. (See Section IV comments) Are project conditions required? fj Yes (see section V) • No (Review Concluded) Environmental Assessment • Supplemental Environmental Assessment (Reference EA or PEA in comments) Ģ3 Environmental Impact Statement Comments: This project meets the criteria for the alternative arrangement, permanent school, type ofproject. This project has conditions and requires mitigation under the other EHP laws. Reviewer and Approvals LJ Project isNon-Compliant (See attached documentation justifying selection). FEMA Environmental Reviewer: Name: Adam Bordtfn. iordan. FEMA- FEMA-FEMA-Environmental EnvironmentalEnvironmental Specialist SpecialistSpecialist Signature. 4*— i~L— n„. &jąĢk Recordof Environmental Consideration (Version08/16/06) Reviewer Name: Adam Borden, Env. Specialist Project Name/Env. Database No: School Board Administration Building Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard FEMA Regional Environmental Officer or Delegated Approving Official: Name: Howard R. Bush, Environmental Liason Officer Signature 7^~1> /^ -^ Date 8-/Ģ*&Ģ> I. Compliance Review for Environmental Laws (other than NEPA) A. National Historic Preservation Act (NHPA) J Not type of activity with potential to affect historic properties. ^ Activity meets Programmatic Agreement, December 3, 2004. Appendix A: Section I, Dand I and Kand Section III Are project conditions required? ^ Yes (see Section V) • No • Programmatic Agreement not applicable, must conduct standard Section 106 Review. HISTORIC BUILDINGS AND STRUCTURES • No historic properties that are listed or45/50 years orolder in project area. (Review Concluded) • Building orstructure listed or45/50 years orolder in project area and activity not exempt from review. • Determination ofNo Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? • Yes (see Section V) [J No (Review Concluded) • Determination ofHistoric Properties Affected (FEMA finding/SHPO/THPO concurrence on file) O Property aNational Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments • No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required? • Yes (see Section V) • No (Review Concluded) • Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file) O Resolution ofAdverse Effect completed. (MOA onfile) Are project conditions required fj Yes (see Section V) • No (Review Concluded) ARCHEOLOGICAL RESOURCES ^ Project affects only previously disturbed ground. (Review Concluded) II Projectaffectsundisturbedground. I IProject area has no potential for presence ofarcheological resources • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded) l~l Project area has potential for presence ofarcheological resources • Determination ofno historic properties affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required fj Yes (see Section V) fj No (Review Concluded) l~l Determination ofhistoric properties affected • NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file). Are project conditions required [IJYes (see Section V) • No (Review Concluded) • 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? fj Yes (see Section V) • No (Review Concluded) • Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) (~~l Resolution ofAdverse Effect completed. (MOA on file) Are project conditions required? • Yes(see Section V) O No (Review Concluded) Comment: Historic review complete: scopeofworkindicates ground disturbing activities associated withdebris removal, regradingoflawnareatore-establish drainage,andrepairofsidewalksandconcreteflatwork. UponconsultationofSHPO data,thereareknownarchaeologicalsiteswithin.25milesoftheprojectarea, howeverallworkwilloccurwithina previously disturbed footprint. Therefore scope of work meets programmatic agreement (12/3/2004) allowances, appendix Record of Environmental Consideration (Version 08/16/06) Reviewer Name: Adam Borden, Env. Specialist Project Name/Env. Database No: School Board Administration Building Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard A,Section I,DandIandKandSectionIII,A.Ifduringthecourseofwork,archaeologicalartifacts(prehistoricorhistoric) orhuman remains are discovered, the applicant shall stop work in the vicinity ofthe discovery and take all reasonable measures toavoid orminimize harm tothe finds. Theapplicant shall inform theirPublic Assistance (PA) contacts at FEMA, who will inturn contact FEMA Historic Preservation staff. The applicant will notproceed with work until FEMA Historic Preservation staff have completed consultation with the Louisiana State Historic Preservation Officer (SHPO). In addition, if unmarked graves arepresent, compliance with theLouisiana Unmarked Human Burial Sites Preservation Act(R.S.8:671etseq.)isrequired.Theapplicantshallnotifythe lawenforcementagencyofthejurisdictionwherethe remains are located within twenty-four hours ofthediscovery. The applicant shall also notify FEMA and the Louisiana Unmarked Burial Sites Board (call the Louisiana Division ofArcheology at225-342-8170) within seventy-two hours ofthe discovery. Failure to comply with these stipulations may jeopardize receipt of FEMA funding. If this scope of work changes, this project will need to be resubmitted for further historic review. Correspondence/Consultation/References: NHPA effect determinations made byKatherine Zeringue, FEMA Historic PreservationSpecialist/Archaeologist B. Endangered Species Act Ģ3 No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action. (Review Concluded) • Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action. LJNoeffecttospeciesordesignatedcriticalhabitat. (Seecommentsforjustification) 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 on file) (Review Concluded) Are project conditions required? • Yes (see Section V) • No (Review Concluded) I ILikely to adversely affect species ordesignated critical habitat LJ Formal consultation concluded. (Biological Assessment and Biological Opinion on file) Are project conditions required? • YES (see Section V) • NO(Review Concluded) Comments: Projectislocatedinanurbanorpreviouslydevelopedarea. Neitherlistedspeciesnortheirhabitatoccurinor nearthissite,thus FEMA findstherewillbenoeffecttothreatenedorendangeredspecies. Correspondence/Consultation/References: USFWS emergencyconsultation provisions determined in letters dated September 15, 2005 for Katrina. C. Coastal Barrier Resources Act ^ 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) HProposed action an exception under Section 3505.a.6 (Review Concluded) • Proposed action notexcepted under Section 3505.a.6. Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: Project is not within a CBRA zone. Correspondence/Consultation/References: LouisianaCoastalBarrierResourceSystemMapsreferenced 08/16/06. D. Clean Water Act EE3 Project would not affect any waters ofthe U.S. (Review Concluded) • Project would affect waters, including wetlands, ofthe U.S. J Projectexemptedasinkindreplacementorotherexemption. (ReviewConcluded) • 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: Nojurisdictional waters oftheU.S.,including wetlands, occurinorneartheproject area. Correspondence/Consultation/References: USFWS National Wetlands Inventory map (http://www.fws.gov/nwi/) queried on 08/16/06. Record of Environmental Consideration (Version 08/16/06) Reviewer Name: Adam Borden, Env. Specialist Project Name/Env. Database No: School Board Administration Building Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard E. Coastal Zone Management Act • Project isnot located in acoastal zone area and does not affect acoastal zone area (Review concluded) [X] Project is located in a coastal zone area and/or affects the coastal zone [X] State administering agency does not require consistency review. (Review Concluded). • State administering agency requires consistency review. Are project conditions required? • YES (see Section V) • NO (Review Concluded) Comments: Thisproject islocated within theLouisiana Coastal Management Zone. LADepartment ofNatural Resources (DNR) has determined that receipt offederal assistance isconsistent with the Louisiana Coastal Resource Program. Projects withinthecoastalzonemaystillrequireacoastalusepermitorotherauthorizationfromDNR. Projectsmaybecoordinated by contacting LA DNR at 1-800-276-4019. Correspondence/Consultation/References: LDNR Louisiana Coastal Zone map 2002. F. Fish and Wildlife Coordination Act [X]Projectdoesnotaffect,control,ormodifyawaterway/bodyofwater. (ReviewConcluded) LJ Projectaffects controls or modifies a waterway/body of water. • Coordination with USFWS conducted 1\ No Recommendations offered byUSFWS. (Review Concluded) O Recommendations provided by USFWS. Are project conditions required? • YES (see Section V) • NO(Review Concluded) Comments: No streams or water bodies are located in or near the project area. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) queried 08/16/06. G. Clean Air Act 3 Project will not result in permanent airemissions. (Review Concluded) [X] Project islocated inanattainment area. (Review Concluded) l~lProject islocated ina non-attainment area. I ICoordination required with applicable state administering agency. Are project conditions required? Q YES (see section V) Q NO (Review Concluded) Comments: Theproposedproject includesactivitiesthat wouldproducea minor,temporary,and localizedimpactonair quality. No long-term air quality impact is anticipated. Correspondence/Consultation/References: EPA Region 6 Non-attainment Map. H. Farmland Protection Policy Act ^ Project does not affect designated prime orunique farmland. (Review Concluded) ll Projectcausesunnecessaryorirreversibleconversionofdesignatedprimeorunique farmland. I I Coordination with Natural Resource Conservation Commission required. ll Farmland Conversion Impact Rating, Form AD-1006, completed. Are project conditions required? Q YES (see section V) O NO (Review Concluded) Comments: Theprojectsite isinadevelopedurbanizedareaandFarmlandProtection PolicyAct(FPPA)isprecluded.No prime or unique farmland present. Correspondence/Consultation/References: National Resource Conservation Service, Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/app/ Referenced 08/11/06. I. Migratory Bird Treaty Act J Project not located within a flyway zone. (Review Concluded) [X] Project located within a flyway zone. [X] Project does not have potential totake migratory birds. (Review Concluded) Areproject conditions required? O Yes(see section V) ^ No(Review Concluded) I IProject has potential totake migratory birds. • ContactmadewithUSFWS Record of Environmental Consideration (Version 08/16/06) Reviewer Name: Adam Borden, Env. Specialist ProjectName/Env. Database No: School Board AdministrationBuilding Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard Are project conditions required? fj YES (see section V) • 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 15, 2005 for Katrina J. Magnuson-Stevens Fishery Conservation and Management Act ^3 Project not located in or near Essential Fish Habitat. (Review Concluded) [~1 Project located inor near Essential Fish Habitat. • Project does not adversely affect Essential Fish Habitat. (Review Concluded) Are project conditions required? O Yes (see Section V) O No (Review Concluded) • Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) O NOAA Fisheries provided norecommendation(s) (Review Concluded). Are project conditions required? Q Yes (see Section V) [j No (Review Concluded) l~lNOAA Fisheries provided recommendation(s) I IWritten reply toNOAA Fisheries recommendations completed. Are project conditions required? O YES (seeSection V) O NO (Review Concluded) Comments: Project is not located in or near any surface waters with the potential to affect EFH species. Correspondence/Consultation/References: Louisiana Map (http://wwwlamap.doa.louisiana.gov/) referenced 08/11/06. K. Wild and Scenic Rivers Act E<] Projectisnotalonganddoesnotaffect WildorScenicRiver(WSR)-(Review Concluded) CD Project is along or affects WSR l~~l Project adversely affects WSR asdetermined byNPS/USFS. FEMA cannot fund the action. (NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) • Project does notadversely affect WSR. (NPS/USFS/USFWS/BLM consultation onfile) Are project conditions required? • YES (seeSection V) • NO (Review Concluded) Comments: None Correspondence/Consultation/References: National Wild and Scenic Rivers http://www.nps.gov/rivers/wildriverslist.html. referenced 08/11/06. L. Other Relevant Laws and Environmental Regulations State Hazardous Materials and Solid Waste Laws Comments: Removal and disposal of debris containing household hazardous waste and certain categories of liquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC title 33 part VII requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste or regulated infectious wastes must be segregated from and excluded from nonhazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up or restoration/repair of sites damaged as a result of such operations are ineligible for federal funding. Previously obligated funding is subject to de- obligation if a determination of ineligibility is made. II. Compliance Review for Executive Orders A. E.0.11988 -Floodplains "2 No Effect on Floodplains/Flood levels and project outside Floodplain -(Review Concluded) [X] Located inFloodplain orEffects onFloodplains/Flood levels UZ\ Noadverseeffectonfloodplainandnotadverselyaffectedbythefloodplain. (ReviewConcluded). Are project conditions required? Q Yes (see Section V) ^ No (Review Concluded) I IBeneficial Effect onFloodplain Occupancy/Values (Review Concluded). Record of Environmental Consideration (Version 08/16/06) Reviewer Name: Adam Borden, Env. Specialist ProjectName/Env.DatabaseNo:School Board Administration BuildingGrounds FEMA-1603/1607-DR-LA PWS13260 Parish: St. Bernard l~l Possible adverse effects associated with investment in floodplain, occupancy ormodification offloodplain environment O 8 Step Process Complete -documentation on file Are project conditions required? Q YES (see Section V) Q NO (Review Concluded) Comments: The site is located in Zone B. http://store.msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=l OOP l&catalogld^lOOOl&langld^^L The St. Bernard parish enrolled in the National Flood Insurance Program (NFIP) on 03-13-70. Per Flood Insurance Rate Map (FIRM) panel number 2252040290B dated 05-01-85 project is located in zone "B", area protected from 100-yr flood bylevee,dike,orotherstructuresubjecttofailureorovertoppingduringlargerfloods. Projectisrepairofgroundstopredisaster footprint which will not affect the floodplain. A. Cramer FPM Speciailist Correspondence/Consultation/References: FEMA Flood Insurance Rate Map, Community Panel No. # 2252040290B dated 05-01-85 B. E.0.11990-Wetlands [3 No Effects on Wetland(s) and project located outside Wetland(s) -(Review Concluded) [~l Located in Wetland or effects Wetland(s) J Beneficial Effect on Wetland -(Review Concluded) r~l Possible adverse effect associated with constructing in or near wetland J Review completed as part of floodplain review ll 8Step Process Complete -documentationonfile Areproject conditions required? O YES (see Section V) O NO (Review Concluded) Comments: No wetlands were observed during site visit or 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) 08/11/06. C. E.0.12898 -Environmental Justice for Low Income and Minority Populations ^ NoLowincomeorminoritypopulationin,nearoraffectedbytheproject-(ReviewConcluded) I ILowincomeorminoritypopulationinor nearprojectarea J Nodisproportionatelyhighandadverseimpactonlowincomeorminoritypopulation-(ReviewConcluded) I IDisproportionately high or adverse effects on low income or minority population Are project conditions required? CJ YES (see Section V) LJ NO (Review Concluded) Comments this project will repair or replace facilities to pre-disaster condition and thus is not likely to have disproportionately high or adverse effects on low-income or minority populations. Correspondence/Consultation/References: U.S. Census bureau 2000 data at http://factfinder.census.gov. referenced 08/16/06. 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). State Hazardous Materials and Solid Waste Laws Comments: Removal and disposal of debris containing household hazardous waste and certain categories of liquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC title 33 part VII requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste or regulated infectious wastes must be segregated from and excluded from nonhazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up or restoration/repair of sites damaged as a result of such operations are ineligible for federal funding. Previously obligated funding is subject to de- obligation if a determination of ineligibility is made. Correspondence/Consultation/Reference: Record of Environmental Consideration (Version 08/16/06) Reviewer Name: AdamBorden, Env.Specialist Project Name/Env. Database No: School BoardAdministration Building Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard 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"underanycircumstance may require anEnvironmental Assessment (EA)with theexception of(ii) which shouldbeappliedinconjunctionwithcontroversyonan environmentalissue. Ifthecircumstancecanbe 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 LJ (iii) Potential for degradation, even though slight, of already existing poor environmental conditions; [H (iv) Employment ofunproven technology with potential adverse effects oractions involving unique or unknown environmental risks; C] (v) Presence ofendangered orthreatened species ortheir critical habitat, orarchaeological, cultural, historical or other protected resources; l~~l (vi) Presence of hazardous or toxic substances at levels which exceed Federal, state or 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; (viii) Potential for adverse effects on health or safety; and LJ (ix) Potential to violate a federal, state, local or tribal law or requirement imposed for the protection of the environment. I I (x)Potential for significant cumulative impact when theproposed action iscombined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves. Comments: None V. Environmental Review Project Conditions Project Conditions: The following conditions apply as a condition of FEMA funding reimbursement: • Removal and disposal of debris containing household hazardous waste and certain categories of liquid wastes must be performed in accordance with all applicable federal and state laws, regulations, executive orders and guidelines. LAC title 33 part VII requires that specified items, including lead acid batteries, used oil filters, used motor oil, scrap tires, cfc's (refrigerants), radioactive waste or regulated infectious wastes must be segregated from and excluded from non-hazardous debris collection, staging, processing and disposal sites. Failure to comply with applicable legal requirements in debris collection and/or disposal operations will jeopardize federal funding. The clean-up or restoration/repair of sites damaged as a result of such operations are ineligible for federal funding. Previously obligated funding is subject to de-obligation if a determination of ineligibility is made. • If during the course of work, archaeological artifacts (prehistoric or historic) or human 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, if unmarked 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 of the jurisdiction where the remains are located within twenty-four hours of the discovery. The applicant shall also notify Record of Environmental Consideration (Version 08/16/06) Reviewer Name: Adam Borden, Env. Specialist Project Name/Env. Database No: School Board Administration Building Grounds FEMA-1603/1607-DR-LA PW#13260 Parish: St. Bernard FEMA and theLouisiana Unmarked Burial Sites Board (call theLouisiana Division ofArcheology at225-3428170) within seventy-two hours ofthe discovery. Failure tocomply with these stipulations mayjeopardize receipt ofFEMAfunding. Ifthisscopeofworkchanges,thisprojectwillneedtoberesubmittedfor furtherhistoric review. Record of Environmental Consideration (Version 08/16/06)