Hurricane Maria Disaster Waste - USACE

Good afternoon,

This message confirms that the U.S. Army Corps of Engineers (USACE) Mobile District has received your Freedom of Information Act (FOIA) request and are proceeding with our search for contracts/agreements for debris removal and disaster waste management for and data related to quantity of debris removed during Hurricane Maria recovery efforts in Puerto Rico.

However, we require some clarification regarding the portion of your request seeking “memorandums, plans, completion documents, and other related documents pertaining to debris removal and disaster waste management in Puerto Rico throughout recovery from Hurricane Maria.” FOIA regulations require that your request provide a sufficient description of any potentially responsive materials to facilitate a non-random, reasonable search of records. See 32 C.F.R. § 286.5(a). As currently written, this request is too broad for our employees to conduct such a search.

If you are interested in pursuing the above-mentioned portion of your request, please provide additional information regarding the specific records you are seeking. Information that may assist the team in identifying the requested records include date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number.

Thank you,

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

Dear Jesann Cruz,

Thank you for your status inquiry dated April 15, 2024. Your Freedom of Information Act (FOIA) request dated March 18, 2024 (copy included here for your convenience) was received in this office by email on March 18, 2024. The request is appropriately processed by our Mobile District and is referred to them with this email. Should you wish to contact the processing office, the contact information is:

CESAM-OC
P.O. Box 2288
Mobile, AL 36628-0001
foia-sam@usace.army.mil<mailto:foia-sam@usace.army.mil?subject=FOIA>
Phone: 251-690-3289
Fax: 251-694-4378

Best regards,

Mary Alice Smith
Paralegal Specialist
U.S. Army Corps of Engineers
HECSA - Office of Counsel
7701 Telegraph Road
Alexandria, VA 22315
703-428-8160 (office)
703-428-7221 (fax)
Mary.A.Smith@usace.army.mil<mailto:Mary.A.Smith@usace.army.mil>

THIS IS A PRIVILEGED COMMUNICATION -ATTORNEY-CLIENT/ATTORNEY WORK-PRODUCT. DO NOT RELEASE UNDER FOIA.

NOTICE: This email and any attachments constitute non-public information and may contain legally privileged and confidential information intended solely for the use of the addressee(s). If you are not the intended recipient, any reading, dissemination, distribution, copying or other use of this email, including attachments, is prohibited and may be unlawful. If you have received this message in error, please delete it, including all copies and backups, and notify me immediately by telephone at (703) 428‑8160 or by email at Mary.A.Smith@usace.army.mil<mailto:Mary.A.Smith@usace.army.mil>. Thank you.

Good afternoon,

We have completed processing the elements of your request for which we did not require clarification and need to discuss associated fees before releasing.

Record holders spent 9 hours searching for these records and your fees for this request total $ 240.00, see attached DD2086. As your fee category is Other, you are entitled to 2 free hours of search time and will not be charged for review time. These fee reductions are reflected in your estimate.

Please reply to this email with your willingness to pay these fees so that we may proceed with producing the requested records.

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

*** DO NOT FORWARD ***

This is an automated message sent to you by the DoD SAFE service.

FLUKINGER.KATHERINE.CLAY <katherine.c.flukinger@usace.army.mil> has dropped off a file for you.

IF YOU TRUST THE SENDER and are expecting to receive a file from them, you may choose to retrieve the drop-off by clicking the following link (or copying and pasting it into your web browser):

https://safe.apps.mil/pickup.php?claimID=umDJ6TUoAiNSEcvb&recipCode=m6R2m8

You will be required to enter the claim passcode, which is:
MUkjVJ6mfwWXYm5Y

You have 7 days to retrieve the drop-off; after that the link above will expire. If you wish to contact the sender, just reply to this email.

The sender has left you a note:

Records in response to FOIA Request 24-0089

Full information about the drop-off:
Claim ID: umDJ6TUoAiNSEcvb
Recipient Code: m6R2m8
Claim Passcode: MUkjVJ6mfwWXYm5Y
Drop-off Submitted: 2024-05-06 19:52:44 UTC
Drop-off Completed: 2024-05-06 19:52:54 UTC

-- Sender --
Name: FLUKINGER.KATHERINE.CLAY
Organization: USARMY
Email Address: katherine.c.flukinger@usace.army.mil

-- File --
Name: Records.zip
Size: 69753704
SHA-256 Checksum: B1BE7F4398BFC10DA681CEB3BCA3B352266FA50D18D045BAA2F9D500AB6F29F0
Content Type: application/x-zip-compressed

NOTICE: This e-mail message is intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately.

Thank you.

Dear Ms. Gonzalez Cruz,

We have completed processing your FOIA request from 03 April 2024 (date-stamped copy attached). To the best of our knowledge and belief, all records in existence when the search was conducted have been produced. These will be submitted to you via DOD Safe. The automated email containing directions is to follow.

As discussed, the search and review costs for your request total $240.00, see DD2086 Fee Form attached. You may submit payment electronically (preferred) or by check or money order using the instructions below. Please note that having an unpaid balance in our system could affect the processing of any future FOIA requests. Thank you for your cooperation and understanding.

Pay Online

You are encouraged to submit payment electronically through www.pay.gov<http://www.pay.gov/>.

1. Select "See All Agencies" from the options listed at the top of the screen. From the resulting alphabetized list, navigate to the letter "U" and select "United States Army Corps of Engineers."
2. Find "United States Army Corps of Engineers Finance Center" on the resulting list (may be on 2nd page of results) and click "Continue" and then "Continue to the Form."
* Corps of Engineers Bill Number: FA-24-0089
* Corps of Engineers Account Number: Mobile Alabama District
* Payment Amount: $240.00
3. Send confirmation receipt to foia-sam@usace.army.mil<mailto:foia-sam@usace.army.mil>. For assistance, please contact Kayci Jacks at 901-873-9153 or Donna Downing at 901-873-9158.

Pay with Check or Money Order

Please mail your check or money order, made payable to the "Treasurer of the United States," to the below address.

U.S. Army Corps of Engineers
ATTN: Office of Counsel, FOIA
P.O. Box 2288
Mobile, AL 36628

If you have any questions or concerns, please feel free to reach out to a member of our team at FOIA-SAM@usace.army.mil<mailto:FOIA-SAM@usace.army.mil>.

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

Happy to assist, have a great week!

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

Dear Ms. Gonzalez Cruz,

The Mobile District is in receipt of your FOIA request (date-stamped copy attached) but requires some clarification before we begin processing.

1. Plans: You have asked for written plans developed by the Debris Planning and Response team in response to Hurricane Maria. "Written plans" is too broad a category for us to perform a targeted, non-random search as prescribed by 32 C.F.R. § 286.5(a). Can you please provide more detailed information about the plans you are seeking? Are you asking for a report of some type? If so, can you provide a title of the report? Are you specifically interested in records regarding coordinating the trucks?

1. Memorandums/Completion documents: the links you provided lead to media pieces specifically regarding Dorado, PR, and Caguas, PR. Are you requesting completion documents for municipalities other than Dorado and Caguas?

1. Related documents: while we can search for the types of records you identified in this request item (environmental assessments, quality assurance documents, and site leases for debris collection (temporary debris management sites)), we cannot search for other "related documents" without you providing a sufficient description of the records you are seeking. Please indicate what specific records, other than those described above, you are requesting in this item.

We look forward to hearing from you. Please note that the time limits imposed by FOIA are tolled during the pendency of your response. See 5 U.S.C. § 552(a)(6)(A)(ii)(II), Section 6 of the OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524.

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

Good afternoon,

Thank you for providing this clarification. Please take note of the following details:

1. Your reference/tracking number: 24-0122

1. The date our office officially received your request: 10 June 2024, a date-stamped copy is attached.

1. Your request will be processed in accordance with 5 U.S.C. § 552 et seq., 32 C.F.R. § 286, and Army Regulation 25-55.

1. We have determined your fee category to be commercial. Please keep mind that at this point we have not determined the amount of fees to be collected. These matters will be discussed with you directly if and when it becomes necessary.

1. Based on our review of your request, our office will search for the following:

With regard to Hurricane Maria recovery efforts in Puerto Rico:

* Copies of planning reports outlining the coordination of the trucks/prioritization of clearance routes but also easements for temporary stockpiling of debris and easements for debris collection/reduction/disposal operation
* Copies of each municipalities completion document
* environmental assessments
* quality assurance documents
* site leases for debris collection (temporary debris management sites)
* waiver(s) and extensions from the Environmental Quality Board (EQB)
* debris field assessments

1. We anticipate providing a response to your request by 09 July 2024. Please understand that due to the volume of requests we receive we may or may not be able to meet this target date.

1. Please do not contact other USACE personnel and/or Mobile District employees about this request, processing questions, or any other matter relating to the request or its underlying documents. This can oftentimes create unnecessary confusion and misunderstanding causing unnecessary delay in processing your request. Please direct all questions and any concerns directly to my attention. My contact information is included in my signature line.

Thank you,

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

Good afternoon Ms. Gonzalez Cruz,

We have identified many of the records you have requested and are in the process of reviewing what has been located. I wanted to take this opportunity to check in with regarding fees, as well as several of your request items that are still too vague for us to run a targeted search.

* The search time for these records totaled 6 hours and I estimate that it will take 3 hours to complete my review. Based on this estimate, the total for this request would be $432.00, see attached fee estimate. In order for us to proceed, please reply to this email indicating that you agree to pay this amount.

* In order to produce any records in response to your request for copies of the following records, we will need you to provide more specific information regarding what you are seeking. i.e. we need the title of a report or some other identifying details to allow us to conduct a targeted search. Please advise how you would like us to proceed regarding these items.
* Copies of planning reports outlining the coordination of the trucks/prioritization of clearance routes but also easements for temporary stockpiling of debris and easements for debris collection/reduction/disposal operation
* quality assurance documents
* debris field assessments

Thank you,

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

Ms. Gonzalez Cruz,

We have completed processing your FOIA request from 10 June 2024, (date-stamped copy attached). To the best of our knowledge and belief, all records in existence when the search was conducted have been produced. These will be submitted to you via DOD Safe. The automated email containing directions is to follow.

Please be advised that search and review costs for your request total $432.00, see DD2086 Fee Form attached. You may submit payment electronically using the instructions below. Please note that having an unpaid balance in our system could affect the processing of any future FOIA requests. Thank you for your cooperation and understanding.

Pay Online

You are encouraged to submit payment electronically through www.pay.gov<http://www.pay.gov/>.

1. Select "See All Agencies" from the options listed at the top of the screen. From the resulting alphabetized list, navigate to the letter "U" and select "United States Army Corps of Engineers."
2. Find "United States Army Corps of Engineers Finance Center" on the resulting list (may be on 2nd page of results) and click "Continue" and then "Continue to the Form."
* Corps of Engineers Bill Number: FA-24-0122
* Corps of Engineers Account Number: Mobile Alabama District
* Payment Amount$432.00
3. Send confirmation receipt to foia-sam@usace.army.mil<mailto:foia-sam@usace.army.mil>. For assistance, please contact Kayci Jacks at 901-873-9153 or Donna Downing at 901-873-9158.

If you have any questions or concerns, please feel free to reach out to a member of our team at FOIA-SAM@usace.army.mil<mailto:FOIA-SAM@usace.army.mil>.

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.

*** DO NOT FORWARD ***

This is an automated message sent to you by the DoD SAFE service.

FLUKINGER.KATHERINE.CLAY <katherine.c.flukinger@usace.army.mil> has dropped off a file for you.

IF YOU TRUST THE SENDER and are expecting to receive a file from them, you may choose to retrieve the drop-off by clicking the following link (or copying and pasting it into your web browser):

https://safe.apps.mil/pickup.php?claimID=qVjqxt9EKeCNGrfM&recipCode=MGCCVe

You will be required to enter the claim passcode, which is:
zsx4quSr6XWKC3M5

You have 7 days to retrieve the drop-off; after that the link above will expire. If you wish to contact the sender, just reply to this email.

The sender has left you a note:

Records in response to FOIA Request 24-0122

Full information about the drop-off:
Claim ID: qVjqxt9EKeCNGrfM
Recipient Code: MGCCVe
Claim Passcode: zsx4quSr6XWKC3M5
Drop-off Submitted: 2024-07-16 13:20:41 UTC
Drop-off Completed: 2024-07-16 13:21:08 UTC

-- Sender --
Name: FLUKINGER.KATHERINE.CLAY
Organization: USARMY
Email Address: katherine.c.flukinger@usace.army.mil

-- File --
Name: 24-0122 Records.zip
Size: 237075425
SHA-256 Checksum: 057895F792F98A8369F888571DA5C95C6F2D7A4A47CFB0D6573C9CF0F1D4AC40
Content Type: application/x-zip-compressed

NOTICE: This e-mail message is intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately.

Thank you.

Good morning Ms. Gonzalez Cruz,

Thanks for the follow-up. Yes I will absolutely follow-up with the record holder and get back with you when I have more information.

Kate Flukinger
Paralegal Specialist
U.S. Army Corps of Engineers, Mobile District
Phone: 251-690-3289
Email: katherine.c.flukinger@usace.army.mil<mailto:katherine.c.flukinger@usace.army.mil>
In Office: Mondays and Tuesdays
Remote: Wednesdays, Thursdays, and Fridays

This message contains either attorney-client communications or attorney work product. Its contents may be privileged from release to parties outside of the U.S. Government under FOIA or civil discovery rules. Do not retransmit or release the message's contents outside of the Government without prior coordination with Office of Counsel.