Hurricane Maria Disaster Waste - USACE

Jesann Gonzalez Cruz filed this request with the U.S. Army Corps of Engineers of the United States of America.
Status
Completed

Communications

From: Jesann Gonzalez Cruz

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

- contracts/agreements, memorandums, plans, completion documents, and other related documents pertaining to debris removal and disaster waste management in Puerto Rico throughout recovery from Hurricane Maria

- data related to debris removal for Hurricane Maria in Puerto Rico, including but not limited to quantities of removal per municipality

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jesann Gonzalez Cruz

From: U.S. Army Corps of Engineers

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.

From: U.S. Army Corps of Engineers

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.

From: Jesann Gonzalez Cruz

Dear Kate Flukinger,
Thank you for your response. This email serves to clarify the request for additional information regarding the FOIA request sent on March 18th, specifically related to the following statement request: "memorandums, plans, completion documents, and other related documents pertaining to debris removal and disaster waste management in Puerto Rico throughout recovery from Hurricane Maria.". Below, I attempt to describe, and/or provide examples of, the associated documents in greater detail.

Plans: For Hurricane Maria, USACE utilized a Debris Planning and Response Team to coordinate the debris removal response (e.g. how many trucks to send where). This FOIA requests access to written plans developed by the Debris Planning and Response team in response to Hurricane Maria.

Memorandums/Completion documents - Each municipality receiving USACE assistance for debris removal signed a memorandum or completion document, visible at the following two links. This FOIA requests copies of each municipality's completion document: https://www.dvidshub.net/image/4199238/usace-completes-debris-removal-dorado-puerto-rico AND https://www.dvidshub.net/image/4186743/caguas-physical-completion-debris-removal

Related documents include but are not limited to, for example, documents pertaining to the environmental assessments, quality assurance documents, and site leases for debris collection (temporary debris management sites) as referenced here: https://www.sam.usace.army.mil/Media/News-Stories/Article/1415867/usace-emergency-response-missions-include-debris-removal-and-temporary-power-ge/#:~:text=The%20U.S.%20Army%20Corps%20of,in%20Puerto%20Rico%20to%20date .

I hope this provides greater insight and thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request.
Sincerely,
Jesann Gonzalez Cruz

From: U.S. Army Corps of Engineers

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.

From: Jesann Gonzalez Cruz

Dear Kate Flukinger,
Thank you for this update. I recognize the $240 fee and am willing to pay this fee. Please proceed with producing the requested records and detail the steps to complete payment as this is my first time undergoing the FOIA process. Thank you in advance.
Best,
Jesann Gonzalez Cruz

From: U.S. Army Corps of Engineers

*** 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.

From: U.S. Army Corps of Engineers

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.

From: Jesann Gonzalez Cruz

Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Jesann Gonzalez Cruz

From: U.S. Army Corps of Engineers

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.

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