SAJ-2012-01564 (SP-AWP)

The purpose of this notice is to advise the public that the U.S. Army Corps of
Engineers, Jacksonville District will serve as a co-federal agency with the U.S. Coast Guard to fulfill the requirements of Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800) for the All Aboard Florida Intercity Passenger Rail Project (Project).

ABSTRACT: The Federal Railroad Administration (FRA) served as the lead federal agency for the National Environmental Policy Act compliance through publication of a Final Environmental Impact Statement on August 4, 2015, for the Project. On June 27, 2016, FRA notified the U.S. Army Corps of Engineers (Corps) and U.S. Coast Guard (Coast Guard), both cooperating agencies, that it would not issue a record of decision because the project owner, All Aboard Florida - Operations, LLC, had elected to no longer seek financing through Railroad Rehabilitation and Improvement Financing program (a/k/a "RRIF") to fund Phase II of the Project. FRA also concluded it would not execute the draft Programmatic Agreement developed on June 24, 2016, in consultation with the State Historic Preservation Officer, Advisory Council on Historic Preservation, Historic Broward County; City of Stuart; City of Vero Beach; Indian River County Historical Society Inc.; Martin County; Old Vero Ice Age Sites Committee; St. Lucie County; and Town of St. Lucie Village for the Project.

The proposed action would require certain permits from the Corps and the Coast Guard, the Corps and Coast Guard are complying with their respective regulations implementing Section 106 (36 C.F.R. Part 800) which require that the Corps and Coast Guard take into account the effects of the proposed action on properties listed on or eligible for inclusion in the National Register of Historic Places. The Corps and Coast Guard have independently evaluated and adopted the Project Phase II consultations completed between FRA, State Historic Preservation Office, and Advisory Council on Historic Preservation dated November 20, 2013 (amended May 21, 2015) in accordance with 33 C.F.R. § 325 Appendix C Paragraph 2(c) and 36 C.F.R. § 800.2(a)(2). Therefore, the Corps and Coast Guard will execute a Programmatic Agreement.

FRA's Draft Determination of Effects report; 2013 Cultural Resources Assessment Report; 2015 Addendum; and FRA’s response to Comments on Section 106 Historic Properties are available as addendums to the National Environmental Policy Act Final Environmental Impact Statement (FEIS) located on FRA's website at https://www.fra.dot.gov/Page/P0819.

The Corps has concluded that Phase I (Miami to West Palm Beach) has independent utility of Phase II (West Palm Beach to Orlando). Because Phase I has independent utility from Phase II, the Corps’ scope of action is limited to the geographic limits of Phase II of the All Aboard Florida project. The Corps is not considering the work proposed within Phase 1 or within the geographic boundaries within Orlando International Airport (OIA) in this evaluation. Work within OIA has been previously authorized under separate Department of the Army (DA) permits issued to Greater Orlando Aviation Authority. The Coast Guard is the federal regulatory agency responsible for approving the locations and plans for bridges over navigable waters of the United States.

If additional information is needed please contact Andrew Phillips at 321-504-3771 extension 14 followed by a short message, by electronic mail at AllAboardFlorida@usace.army.mil, or by fax at (321)504-3803.