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11/18/2014 (7)
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11/18/2014 (7)
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/18/2014
Meeting Body
Board of County Commissioners
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410
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technical and economic standpoint and using common sense, rather than simply desirable from the <br />standpoint of the applicant." CEQ, "Forty Most Asked Questions Concerning CEQ's NEPA Regulations" <br />Question 2a, 46 Fed. Reg. 18026, 18027 (3/23/1981). <br />The Board does not dispute that the economic objectives of the Proposed Project sponsor may be <br />taken into account by the agency in defining its purpose and need, and in identifying the alternatives <br />for consideraition in an EIS. However, those interests should not be given such weight as to exclude <br />other relevant considerations. This is especially so with respect to high speed rail in Florida, where a <br />number of potentially viable options have been carefully studied in planning documents that have <br />been previously prepared in relation to other projects. According to the Orlando -Miami Planning Study, <br />CSX, I-95 and the Florida Turnpike corridors present far fewer environmental impacts and a much <br />sounder basis for public investment than the FECR corridor. However, the referenced alternatives <br />were summarily dismissed in the DEIS without any sort of analysis considering whether the chosen <br />FECR alternative would cause the most negative impacts to: (a) the health and safety of the citizens <br />of the Treasure Coast of Florida, (b) the historical and archeological sites along the Treasure Coast <br />of Florida and (c) the fragile Indian River Lagoon.' FRA cannot simply ignore other legitimate <br />alternatives simply because AAF, the sponsor of the Proposed Project, would like it to do so. <br />2. Cumulative and Secondary Impacts: The DEIS Fails to Assess the Cumulative and <br />Secondary Impacts of the Proposed Project, in Combination with Reasonably <br />Foreseeable Future Actions. <br />Under NEPA, FRA is obligated to examine not only the direct and immediate effects of the <br />Proposed Project, but also its indirect or secondary impacts and its cumulative impacts, in combination <br />with those of other reasonably foreseeable actions. See CEQ's NEPA Regulations, 40 C.F.R. 5§ <br />1502.16, 1508.8; FRA NEPA Procedures, 64 Fed. Reg. 28550, 28554; USDOT NEPA Procedures, <br />Attachment 2 at 4; see also CEQ, "Considering Cumulative Effects under NEPA" at 11-21 (1/1997). With <br />respect to indirect effects, the CEQ regulations are clear that impacts that are caused by an action, <br />but "are later in time or farther removed in distance, but are still reasonably foreseeable" must be <br />thoroughly considered in an EIS. 40 C.F.R. 5 1508.8. More particularly, the growth -inducing <br />impacts of a transportation project must be carefully examined. Id The CEQ regulations are <br />equally clear with respect to cumulative impacts, requiring that the effects of an action must be <br />"added to [those oq other past, present and reasonably foreseeable future actions regardless of what <br />agency (Federal or non -Federal) or person undertakes such other actions." Id. 5 1508.7; see also id. 5 <br />The Indian River Lagoon is North America's most diverse, shallow -water estuary. It spans approximately 156 <br />miles along Florida's east coast. The total estimated annual economic value of the Indian River Lagoon is $3.7 <br />billion, supporting 15,000 full and part-time jobs and providing recreational opportunities for 11 million people <br />per year. The Proposed Project calls for building a new bridge over the St. Sebastian River. The St. Sebastian <br />River is located in Indian River County. It is one of the Indian River Lagoon's natural tributaries. <br />3(D,âkâ Pages <br />1824679 November 14, 2014 <br />
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