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Sunday, August 21, 2022

CAP 14

 CAP 14 is the obvious choice.  With the combination of infrastructure (railroad) and residential impacts, there is clear reason to choose this option. 

So what is CAP 14?

"Authorized by section 14 of the 1946 Flood Control Act, as amended. Work under this authority allows emergency streambank and shoreline protection for public facilities, such as roads, bridges, hospitals, schools, and water/sewage treatment plants, that are in imminent danger of failing.  The non-Federal sponsor is responsible for a minimum of 35% to a maximum of 50% of total project costs and the Federal Government is responsible for the remainder of total project costs.   The Federal share of planning, design, and construction cannot exceed $1,500,000 per project." 


You hustle to read the CAP guidance like the burrocratic automaton that you are, and you see the following:

Wooohoo! The addition of a §14 project to protect the 205 project is authorized.  




Okay.  this is about what we expected.  We are not really combining any of the authorities, at least not at one time.  But the problem may arise that the perception of the authorities being combined to address the problem might make it seem like we are doing that.  Better check with OC.  Or you can read further and find out whether there is additional guidance.  After all, you haven't even gotten to that 8b mentioned above.  















Drat.  This means that you have to get a full call from OC as to whether the original authorization of the existing project is considered a building block.  I mean... the time delay between the original project and the proposed action makes it unlikely that there is a nexus, but...

What do you do?


or, 

Call the whole thing off.  The Local Sponsor will have to get specific authorization or will have to come up with the money themselves.  





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