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eng2016L325.docx Adrian B. Share, P.E. Executive Vice President, Rail Infrastructure All Aboard Florida 8529 South Park Circle, Suite 190 Orlando, Fl. 32819 RE: Review of Partial Set of All Aboard Florida (AAF) Draft 100% Construction Plans Dear Mr. Share: The Martin County Engineering Department staff has reviewed the draft 100% construction plans that were transmitted to us by AAF (aka Brightline) on April 4, 2016. The submittal was incomplete, so we can only offer the general comments bulleted below. You will note that some of the comments are identical to comments that were provided to Michael Reininger, President AAF Operations, on June 3, 2015 for the Draft 90% construction plans. The County never received a response to those comments. Due to the incomplete submittal, these comments cannot be construed as complete or final. Martin County will only be able to perform a detailed review of the 100% construction plans after receipt of a Right-of-Way Use Permit Application for each crossing and a complete set of plans. As stated in the County Administrator’s letter to Michael Reininger dated May 22, 2015, we anticipate that we will need at least sixty (60) days to fully review and comment on the construction plans, given the number of crossings, the impacts to the County road network, the specific construction proposed within road right-of-way and the multiple bridge and culvert crossings. In the interim, AAF should incorporate the County’s review comments described below into the plans that are submitted with the Right-of- Way Use Permit Applications. 1. All work proposed within County right-of-way, not including the tracks, requires a Martin County Right-of-way Use Permit. The permit application is attached. The application fee and security requirements cannot be waived. A construction cost estimate will be required to determine the value of the security for each crossing. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL 34996 June 23, 2016 Telephone: 772-419-6936 Fax: 772-288-5789 Email: DOUG SMITH Commissioner, District 1 ED FIELDING Commissioner, District 2 ANNE SCOTT Commissioner, District 3 SARAH HEARD Commissioner, District 4 JOHN HADDOX Commissioner, District 5 TARYN KRYZDA, CPM County Administrator MICHAEL D. DURHAM County Attorney TELEPHONE 772-288-5400 WEB ADDRESS http://www.martin.fl.us 1 of 60

MARTIN COUNTY - documents.martin.fl.us proposed within the County right-of-way shall meet the latest edition of the County’s Standard Details for Road & Site Construction and Public

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eng2016L325.docx

Adrian B. Share, P.E.Executive Vice President, Rail InfrastructureAll Aboard Florida8529 South Park Circle, Suite 190Orlando, Fl. 32819

RE: Review of Partial Set of All Aboard Florida (AAF) Draft 100% Construction Plans

Dear Mr. Share:

The Martin County Engineering Department staff has reviewed the draft 100%

construction plans that were transmitted to us by AAF (aka Brightline) on April 4,

2016. The submittal was incomplete, so we can only offer the general comments

bulleted below. You will note that some of the comments are identical to comments

that were provided to Michael Reininger, President AAF Operations, on June 3,

2015 for the Draft 90% construction plans. The County never received a response

to those comments.

Due to the incomplete submittal, these comments cannot be construed as complete

or final. Martin County will only be able to perform a detailed review of the 100%

construction plans after receipt of a Right-of-Way Use Permit Application for each

crossing and a complete set of plans. As stated in the County Administrator’s

letter to Michael Reininger dated May 22, 2015, we anticipate that we will need at

least sixty (60) days to fully review and comment on the construction plans, given

the number of crossings, the impacts to the County road network, the specific

construction proposed within road right-of-way and the multiple bridge and

culvert crossings. In the interim, AAF should incorporate the County’s review

comments described below into the plans that are submitted with the Right-of-

Way Use Permit Applications.

1. All work proposed within County right-of-way, not including the tracks,

requires a Martin County Right-of-way Use Permit. The permit application is

attached. The application fee and security requirements cannot be waived. A

construction cost estimate will be required to determine the value of the

security for each crossing.

MARTIN COUNTYBOARD OF COUNTY COMMISSIONERS2401 S.E. MONTEREY ROAD STUART, FL 34996

June 23, 2016 Telephone: 772-419-6936Fax: 772-288-5789

Email:DOUG SMITH

Commissioner, District 1

ED FIELDINGCommissioner, District 2

ANNE SCOTTCommissioner, District 3

SARAH HEARDCommissioner, District 4

JOHN HADDOXCommissioner, District 5

TARYN KRYZDA, CPMCounty Administrator

MICHAEL D. DURHAMCounty Attorney

TELEPHONE772-288-5400

WEB ADDRESShttp://www.martin.fl.us

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eng2016L325.docx

2. As discussed with Michael Lefevre at our meeting on November 20, 2015, each

crossing requires a separate permit application. AAF will submit all plans and

permit applications bundled by crossing and labeled appropriately.

3. Per my email to Michael Lefevre on April 15, 2016, the County will not be able to proceed

with our review until we receive a complete set of plans. The following plans were missing

from the 100% submittal.

a. Volume 1 – Track Construction Plans

b. Volume 2 – Track Grading Plans

c. Volume 6 – Preliminary Railway Signal Plans

d. Volume 8 – Preliminary Fiber Optic Plans

4. Pursuant to the requirements of federal regulation for participation in the National Flood

Insurance Program (44 C.F.R. Sections 59 and 60), floodplain approvals are required for

railroads and ancillary facilities associated with the railroad. To obtain a floodplain

approval, AAF shall provide the Floodplain Administrator with the following:

a. The name, address, and telephone number of the owner, developer or other person

having power of attorney from the owner to make the application.

b. A description of the development to be covered by the floodplain approval.

c. A description of the land on which the proposed development is to be conducted by

legal description, street address or similar description that will readily identify and

definitively locate the site, a map showing the location of the site, and names and

addresses of adjacent property owners.

d. The use and occupancy for which the proposed development is intended.

e. A site plan and construction plans and specifications documents as specified in

section 4.426 of this division.

f. The valuation of the proposed work.

g. A signature of the applicant or the applicant's authorized agent.

h. Other data and information as required by the Floodplain Administrator. All

construction proposed within the County right-of-way shall meet the latest edition of

the County’s Standard Details for Road & Site Construction and Public Facilities.

The current edition is attached.

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5. Incorporate or respond to all comments provided in our previous letter to Michael Reininger

dated June 3, 2015 regarding the review of the 90% Construction Plans.

6. Provide sealed corridor improvements at all crossings regardless of proposed speeds in

accordance with the “Highway-Rail Grade Crossing Guidelines for High-Speed Passenger

Rail” which states on page 9:

“It should be noted that sealed corridor treatments are also appropriate

at crossings with more than two tracks, regardless of speed, and

particularly near passenger stations.”

7. Provide concrete separators at CR 707/ NE Dixie Highway in Rio (MP 259.30) and CR A1A/

SE Dixie Highway at the entrance to Seabranch Preserve State Park (MP 268.85). A second

track creates sight distance problems at these skewed crossings.

8. Add sidewalks and pedestrian gates at CR 707/ NE Dixie Hwy in Rio (MP 259.300), NE Alice

Street, and NW Fern Street.

9. Connect existing sidewalks that stop at FEC right-of-way on SE Florida Street (both sides),

SE Osprey Street, SE Crossrip Street, and SE Pettway Street (a sidewalk easement has been

dedicated to Martin County and recorded in Official Record Book 1333, on Page 2320 of the

public records of Martin County).

10. Relocate the sidewalk on north side of SR-714 / SE Monterey Road. The jog in the sidewalk

has bicycles and pedestrians traveling parallel to the tracks.

11. Add bike lanes at CR A1A/SE Dixie Highway (MP 268.85) that connect the bike lanes on the

south side of the crossing to the entrance of Seabranch Preserve State Park.

12. Add exit gates at NE Alice Street, NW Fern Street, SW St. Lucie Ave/SW Joan Jefferson,

northwest quadrant of SE Colorado/SE Ocean Avenue, and NW quadrant of SE Florida

Street.

13. The County has concerns with grades at NE Alice Street, NW Fern Street and SE Broward

Street. Confirm that these crossings will be ADA compliant and that tractor trailers will be

able to continue utilizing them.

14. Add a fence at NE Jensen Beach Boulevard inside the traffic circle, NW Fern Street, and SW

St. Lucie Ave/SW Joan Jefferson. Fences must be architecturally compatible with the

surrounding area.

15. Current plans indicate that the signal enclosure at NE Jensen Beach Boulevard will be

relocated to the middle of the roundabout. This will not be permitted. This roundabout is

the western gateway to the Jensen Beach Community Redevelopment Area. Martin County

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eng2016L325.docx

invested public funds in this gateway to demonstrate the County’s commitment to the Jensen

Beach redevelopment effort.

16. Consider adding traffic signal with pre-emption at SE Crossrip Street if warranted by traffic

volumes.

In addition to the above, Martin County requests a copy of AAF’s approved Hazard Analysis

Process/Model for Phase II. We formally request that Martin County engineering staff be included

on the Hazard Analysis Team with AAF staff, FRA staff, law enforcement and fire rescue. Our

concern continues to be that pedestrians, bicyclists and motorists will have difficulty judging the

time it takes for a train traveling at more than double and triple the speeds that they are currently

used to freight trains travelling. More specifically, our concerns include:

the historic level of trespassing between crossings and the safety concerns this creates;

safe and formal pedestrian crossings as we direct bicyclists and pedestrians to only cross at

grade crossings;

sight distance issues at curves and with the introduction of a second and sometimes third

track; and

education of non-English speaking residents who live and work along the corridor.

Should you have questions or need further clarification, please contact us in writing.

Sincerely,

Terry B. Rauth, P.E.

Engineering Department Deputy Director / Deputy County Engineer

TBR/lw

copy: Taryn Kryzda, CPM, County Administrator

Michael D. Durham, County Attorney

P. Michael Reininger, All Aboard Florida – Operations, LLC

Frank Frey, Federal Railroad Administration

George Gavalla, Triad Railroad Consulting

Lisa Wichser, P.E., Traffic Engineering/Development Review Administrator

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Right-of-Way Use Permit Application Martin County Engineering Department

2401 SE Monterey Road, Stuart Florida 34996 Telephone: (772) 288-5927 ~ Facsimile: (772) 288-5955

PAGE 1 OF 3 OCTOBER 2007

One copy of this application must be submitted. Incomplete applications will not be processed. Typical processing time is 20 working days. Today’s Date:

Right-of-Way (Roadway) Name:

Between: and

1) Is this work associated with an approved development agreement? Yes No

If yes, name of approved development: If YES, construction plans are not required; if NO, three sets of construction plans must be submitted with this application.

Date construction plans approved by Engineering Department:

2) Will this work require lane or sidewalk closures? Yes No If yes, identify the length of proposed work (in feet): and type of the work associated with this permit application: (check all that apply)

Additional travel lanes Pavement Cut1 Driveway Connection Work near pavement

The following must be submitted with this application:

Detailed maintenance of traffic plan prepared by individual certified in FDOT’s Advanced Work Zone Traffic Control

Anticipated construction schedule2, including:

Proposed start date: Proposed start time:

Proposed end date: Proposed end time:

If no, identify the type work associated with this permit application: (check all that apply)

Driveway culvert installation

Trenchless technology1 ..........number of crossings: .......length of proposed work:

Aerial ......................................number of new poles: .......length of proposed line:

Other work outside pavement or sidewalk .................................length of proposed work:

3) Licensed Contractor Information:

Contractor’s Corporate Name:

License Numbers: Telephone Number:

Name / Title of Contact:

Corporate Address:

City, State, Zip Code:

1 See Conditions 9 and 10 2 See Condition 7 5 of 60

Right-of-Way Use Permit Application Martin County Engineering Department

2401 SE Monterey Road, Stuart Florida 34996 Telephone: (772) 288-5927 ~ Facsimile: (772) 288-5955

PAGE 2 OF 3 OCTOBER 2007

4) Fees and Security

Application fee $910.00, unless specifically exempted3 or $180.00 for driveway culvert installation

Make check payable to Martin County Board of County Commissioners

Security, unless specifically exempted4

• $15.00 per linear foot of disturbed Right-of-Way

• $5,000.00 per pavement crossing (with or without trench)

• Special situations, including driveway connections, may require additional security

A Certificate of Insurance showing that the applicant has secured general public liability insurance coverage naming Martin County, a political subdivision of the State of Florida, is an additional named insured in amounts not less than $100,000.00 per person / $200,000.00 per accident / $100,000 for property damage.

5) Permittee’s Acknowledgement

I hereby acknowledge that I have read the Conditions of the Martin County Right-of-Way Permit and agree to conduct all work in accordance with all applicable County Regulations and State Codes and Laws. I further acknowledge that I have read and agree to the requirements identified in the County’s Policy regarding Notification of Public Displacement and that all installations are subject to removal or relocation at the expense of the Permittee as determined by the County. The Permittee acknowledges that he/she or his/her duly authorized agents are jointly and severally bound by the terms and condition of the application and this information.

Owner / Corporate Name:

Telephone Number:

Address:

City, State, Zip Code:

Authorized Signature Date

Printed Name:

APPLICATION FOR RIGHT-OF-WAY USE PERMIT

APPROVED BY:

Authorized Signature Date 3 Public Utilities are exempt 4 Public Utilities and approved developments with security in place are exempt 6 of 60

Right-of-Way Use Permit Application Martin County Engineering Department

2401 SE Monterey Road, Stuart Florida 34996 Telephone: (772) 288-5927 ~ Facsimile: (772) 288-5955

PAGE 3 OF 3 OCTOBER 2007

CONDITIONS OF PERMIT

1. Permits are required for all work performed in any Right-of-Way provided for public use in Martin County. 2. Permittee shall commence actual construction within sixty (60) days from the approval date of this application. 3. The Permittee shall notify the Engineering Department 48 hours prior to commencement of the permitted work. 4. This Permit must be kept on the work site and be available upon request or prominently displayed. 5. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any

damage or liability of any nature arising from work authorized and performed under this Permit. 6. The Permittee is responsible to obtain necessary permits from other governing agencies, including, but not limited

to, the Martin County Utilities and Solid Waste Department, the Florida Department of Transportation (FDOT), The Florida Department of Environmental Protection, and the South Florida Water Management District.

7. Work requiring lane closures shall comply with Martin County Policy on Notification of Public Displacement; a copy of which can be obtained from the Martin County Engineering Department. In general, no lane closures will be permitted between the hours of 7:00 and 9:00 A.M. and 3:30 and 6:30 P.M.

8. The Permittee shall comply with the: • FDOT’s “Design Standards for Design, Construction, Maintenance, and Utility Operations on the State

Highway System” • FDOT’s “Utility Accommodation Manual” • “Manual on Uniform Traffic Control Devices” • Martin County Utilities and Solid Waste Department’s “Minimum Design and Construction Standards” • other governing safety regulations

9. All crossings of existing pavement shall be made by trenchless technology at a minimum depth of thirty-six (36) inches, unless otherwise authorized by the Engineering Department.

10. Open cutting of existing pavement will generally not be allowed, but may be considered under one or more of the following conditions: • Sub-surface obstructions • Extreme high water table • Limited space for jacking pits • Condition of roadway surface including resurfacing and rebuilding If approved, the Permittee must comply with the Flexible Pavement Replacement Detail as established in the Martin County Utilities and Solid Waste Department “Minimum Design and Construction Standards.”

11. All property disturbed by work authorized by this permit must be restored to better than, or equal to, its original condition, and to the satisfaction of the County.

12. Following completion of all permitted work, sodding and /or seeding shall be required for any disturbed rights-of-way.

13. Upon completion of the approved work, the Permittee shall submit certified density tests that demonstrate compliance with the maximum densities specified in the FDOT’s Standard Specifications for Roadway and Bridge Construction in effect at the time the Permit is issued.

14. The Permittee shall notify the Engineering Department upon completion of the permitted work so that a final inspection may be made.

15. In consideration for the granting of this permit, the Permittee agrees that if the County determines that it is necessary to relocate the licensed lines, the Permittee will relocate said lines at its sole expense within sixty (60) days upon receipt of written notification from the County.

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