Agreement Disagreement. The Responding Agency provides a written response agreeing or disagreeing with the Authority’s checkpoint proposal. If there is a disagreement, then the Responding Agency’s letter must identify the basis for the disagreement. If the Responding Agency does not respond within 30 calendar days, the Authority and FRA may not assume the Responding Agency agrees but may proceed with the environmental review process and EIS preparation and the Authority and FRA may initiate the mid-level elevation, and may continue elevation as needed. In the case of a disagreement, the Authority and FRA must convene a mid-level elevation. If the mid-level elevation does not resolve the issues, the Authority and FRA at their discretion may: (i) continue to attempt to resolve the problem through other forms of dispute resolution (such as continued elevation or use of a facilitator), (ii) may proceed without resolution, or (iii) may proceed while concurrently attempting to resolve the problem. If the Authority and FRA choose to move on, any Responding Agency may concurrently request a senior-level elevation within seven calendar days of notification by the Authority of the decision to proceed. The senior-elevation group will decide whether or not they wish to review the issue.
Agreement Disagreement