DAPL EIS "Third Party" Contractor ERM Disclosure Statement (US Army Corps of Engineers - Omaha District)
| Tracking # |
FA-21-0089 |
| Multi Request | DAPL EIS "Third Party" Contractor ERM Disclosure Statement |
| Submitted | Sept. 23, 2021 |
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Communications
From: Donald Scott Holmstrom
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
1. A copy of the disclosure statement of the Dakota Access Pipeline EIS "third party" contractor ERM as required by 40 CFR, Chapter 5 Council on Environmental Quality, 1506.5(b). Note the Army Corps of Engineers has confirmed they are applying the CEQ regulations that predate the 2020 revisions.
2. A copy of records that address the review, independent evaluation or factual documentation of the disclosure statement of the Dakota Access Pipeline EIS "third party" contractor ERM.
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,
Donald Scott Holmstrom
From: US Army Corps of Engineers - Omaha District
Mr. Holmstrom,
This will acknowledge receipt of your Freedom of Information Act (FOIA) request dated September 23, 2021. Your request has been assigned agency tracking number FA-21-0089. Under the FOIA, your request is in the "commercial" fee category. As a commercial requester you are responsible for all search, review and duplication costs associated with the processing of your request. As allowed under the FOIA, professional search/review is $48.00 per hour, administrative search/review is $24.00 per hour, duplication cost is $0.15 per page, DVDs are $5.00, and oversized drawings/maps costs are the actual cost to us to have these documents reproduced. I see that you have requested a Fee Estimate for costs. Your request will be reviewed, and you will be notified after a decision has been made regarding such.
Due to the current coronavirus pandemic, the Omaha District is also experiencing delays in our ability to process FOIA requests. Because our office currently has a backlog of requests, your request will be placed on a calendar/tracking system behind others received before it, and each is processed in the order it was received. Should you have any questions please feel free to contact me.
Alicia L. Dembowski
Paralegal Specialist
1616 Capitol Ave.
Omaha, NE 68102
(402) 995-2605
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 23, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-21-0089.
Thanks for your help, and let me know if further clarification is needed.
From: US Army Corps of Engineers - Omaha District
Mr. Holmstrom,
We are currently processing Requests in the order they are received. Due to COVID and personnel reduction, our response times are delayed right now. We will try to get your Request to you as soon as we can. We apologize for any inconvenience.
Thank you,
Alicia L. Dembowski
Paralegal Specialist
1616 Capitol Ave.
Omaha, NE 68102
(402) 995-2605
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 23, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-21-0089.
Thanks for your help, and let me know if further clarification is needed.
From: US Army Corps of Engineers - Omaha District
Mr. Holmstrom,
We are currently processing Requests in the order they are received. Due to COVID and retirement of FOIA personnel, our response times are significantly delayed. We will try to get your Request to you as soon as we can. We apologize for any inconvenience.
Thank you,
Alicia L. Dembowski
Paralegal Specialist
1616 Capitol Ave.
Omaha, NE 68102
(402) 995-2605
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 23, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-21-0089.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
Hi,
Please see the following request for records. This request was submitted on September 23, 2021. Thank you for your help with this request.
Sincerely,
MuckRock
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 23, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-21-0089.
Thanks for your help, and let me know if further clarification is needed.
From: Donald Scott Holmstrom
I still have not heard from the Corps since November 29 2021.
Thanks,
Don Holmstrom
From: US Army Corps of Engineers - Omaha District
Mr. Holmstrom,
Your request is being worked on currently, but requires some coordination so it's going to take a little more time. We hope to have a response to you by the end of this month.
Thank you,
Alicia L. Dembowski
Paralegal Specialist
1616 Capitol Ave.
Omaha, NE 68102
(402) 995-2605
From: Muckrock Staff
Hi,
Please see the following request for records. This record was originally submitted in September 2021. The request number is FA-21-0089. The last update sent had an estimated completion date of June 2022 by Alicia L. Dembowski. Please share when this request will be completed. Thanks for your help with this request.
Sincerely,
MuckRock
From: US Army Corps of Engineers - Omaha District
Mr. Holmstrom,
I now have all the applicable documents. They will be reviewed by an attorney for release as soon as we can. I hope to have a response to you within a week.
Thank you,
Alicia L. Dembowski
Paralegal Specialist
1616 Capitol Ave.
Omaha, NE 68102
(402) 995-2605
-
~WRD0000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 23, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-21-0089.
Thanks for your help, and let me know if further clarification is needed.
From: US Army Corps of Engineers - Omaha District
Dear Mr. Holmstrom.:
I am responding to your message to Alicia Dembowski inquiring about the status of your FOIA request because I am now the primary Paralegal Specialist handling these matters for the Corps in the Omaha office. As Alicia said in her last response, dated August 30, 2022, we do have all of the responsive documents. However, after the attorney review it was determined that even though the request is specific in nature it requires the release of the technical proposal and other documents submitted by the contractor. Per FOIA guidelines, these documents that were provided to the Corps but not created by the Corps need to be reviewed by the Contractor/Provider to indicate the need to redact any proprietary information prior to release. I anticipate that this final step in the review process will be completed by this Friday, September 30, 2022, and that the release will be forthcoming on that day or at the beginning of next week.
Please feel free to contact me on Tuesday, October 4, 2022 if you have not received the response to your FOIA request.
Thank you,
Nicole
Nicole M. Day
Paralegal Specialist
Office of Counsel, Omaha District
U.S. Army Corps of Engineers
1616 Capitol Avenue
Omaha, NE 68102-4901
Office: (402) 995-2603
Nicole.M.Day@usace.army.mil<mailto:Nicole.M.Day@usace.army.mil>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Sept. 23, 2021. Please let me know when I can expect to receive a response. You had assigned it reference number #FA-21-0089.
Thanks for your help, and let me know if further clarification is needed.
From: US Army Corps of Engineers - Omaha District
Mr. Holmstrom,
The U.S. Army Corps of Engineers, Omaha District (USACE) has prepared the final release of your Freedom of Information Act (FOIA) request dated September 23, 2021. As a preliminary matter, we would like to apologize for the delay in responding to your request. Due to the fact that we are required to address a large number of FOIA requests, many of which involve sensitive records, and in addition to the backlog that the COVID-19 pandemic caused, we cannot always respond to requests as quickly as we would like. We are sorry for any inconvenience that this delay has caused.
The Final Release letter from District Attorney, Thomas J. Tracy, and the redacted responsive documents to your request are attached. Please contact me directly if you have any trouble downloading any of the attached files.
Thank you,
Nicole Day
Nicole M. Day
Paralegal Specialist
Office of Counsel, Omaha District
U.S. Army Corps of Engineers
1616 Capitol Avenue
Omaha, NE 68102-4901
Office: (402) 995-2603
Nicole.M.Day@usace.army.mil<mailto:Nicole.M.Day@usace.army.mil>
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