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HomeMy WebLinkAbout2016 - RAI sent to AAF by ACOE Cathy Testa From:Kate Pingolt Cotner <kcotner@ircgov.com> Sent:Thursday, May 12, 2016 1:50 PM To:O'Connor, Jim; 'Falls, Monte'; Frank Watanabe; Joseph Griffin Subject:FW: AAF PN coordination Attachments:20160512-SAJ-2012-01564-pn coordination.pdf Good afternoon, gentlemen- Please see the attached letter/RAI that was sent by the Army Corps of Engineers to AAF concerning its application. Also, please be advised that I volunteered to act as a point of contact for disseminating the public information I receive from ACOE to the various groups interested in this project. Thank you, and I hope you are all having a great day! Kate -----Original Message----- From: Phillips, Andrew W SAJ \[mailto:Andrew.W.Phillips@usace.army.mil\] Sent: Thursday, May 12, 2016 11:51 AM To: Kate Pingolt Cotner Subject: AAF PN coordination Good morning Kate, Please find attached the public notice comment coordination/RAI letter the US Army Corps of Engineers provided to All Aboard Florida today. Pursuant to our previous discussions, I understand you will share this with others. Regards, AWP 1 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 400 HIGH POINT DRIVE, SUITE 600 COCOA, FLORIDA32926 May 12, 2016 REPLY TO ATTENTION OF North Permits Branch Cocoa Permits Section SAJ-2012-01564(SP-AWP) All Aboard Florida –Operations, LLC Attn: Kolleen Cobb th 2855 Le Jeune Road, 4Floor Coral Gables, Florida 33134 Ms.Cobb: Reference is made to the Department of the Army permit application you submitted to construct an intercity passenger railroad between Orlando International Airport and West Palm Beach, Florida utilizing as much of the existing Florida East Coast Railroad right-of-wayas feasible. The U.S. Army Corps of Engineers (Corps) circulated a public notice for the proposed action on April 11, 2016. The comments received during the public notice period are enclosed. In addition to the numerous letters of objection received,Indian River and Martin Counties have identified data gaps in the dredge and fill plans and wetland delineation mapsprovided in your Department of Army(DA)application.Severalobjectors are disputing the Alternatives Analysis defined in the All Aboard Florida(AAF)Final EnvironmentalImpact Statement (FEIS) as well as the public interestof the proposed action. Some objectors have sited increased noise, increased vibration, reduction in public safety, and property value reductionas their primary objection. During the review of the initial DApermit application,the Corpsidentified discrepancies in theimpact assessment figures,functional assessments, indirect impact analysis, and compensatory mitigation. Thesediscrepancies were coordinated withAlex Gonzalez ofyour staff and consultants during a face to face meeting on April 18, 2016. As you are aware the Corps must complete its public interest review defined in 33 CFR 320.4. To clarify what documentation is appropriate in certain areas of the public interest review and balancing processthe Corps developedRegulatory Guidance Letter (RGL) 84-09. This RGL clarifies documentation required for public interest review including cumulative impacts, practicable alternatives, water dependency,andimportant wetlands. RGL84-09is included as The Corps acknowledges the expiration date of the RGL; however, unless enclosure 1. superseded by specific provisions of subsequently issued regulations or RGL’s, the guidance provided in the RGLgenerally remains valid after the expiration date. -2- Please provide a detailed and extensive discussion of the following items: a.Provide the revised functional assessments and figuresdiscussed in the April 18, 2016 meeting. b.To the extent practicable please address the enclosed comments received in response to the public notice. c.Provide whatever specific scientific and factual information you may believe is relevant to clearly demonstrate that the project meets the404(b)(1) guidelines (40 CFR 230.10(a))and how your preferred alternative is the least environmentally damaging practicable alternative when compared to the CSX alternative identified by Indian Riverand Martin Counties. The 404(b)(1) guidelines state, “An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology and logistics in light of overall project purpose.” d.After considering RGL 84-09,provide whatever specific scientific and factual information you may believe isrelevant to supplementyourEvaluation of Public Interest letter dated March 31, 2015included in the AAF FEIS. Any other information you feel may be helpful to fully justify the proposed actionshould also be submitted at this time. Your application will be held in abeyance for 30 days pending receipt of your response. If we do not hear from you within the 30 days, we will initiate final action without your response. Final action may be issuance, denial, or deactivation of your Department of the Army permit application. Any questions concerning the applicationshould be directed to AndrewPhillips at the letterhead address, by telephone at 321-504-3771ex. 14, or e-mail andrew.w.phillips@usace.army.mil. Sincerely, Andrew W. Phillips Project Manager Enclosures (5) -3- cc: (with enclosures) (electronically)sent viaSafe Access File Exchange AAF -Alex Gonzalez (Alex.Gonzalez@feci.com) AMEC -Charlene Stroehlen(charlene.stroehlen@amecfw.com) cc: (w/out enclosures) (electronically) CESAJ-OC-T Indian River County -KateCotner (kcotner@ircgov.com)