To the heart of the issue between us, as I understand it. Your position is that the bridge was "replaced" rather than "repaired." My position is that neither of your stated terms apply (replaced, repaired) as per the standards and terms that all local, state and federal agencies use (acronym agencies). Further, the Standards of Rehabilitation were applied in total and correctly.
I have excerpted from the Final Environmental Impact Statement below (link provided). FDOT, FHWA, ACHP, SHPO and SOB all committed to the MOA. All done according to law. http://www.partnershipborderstudy.com/bol_old/index.html
Section 7. Final Bridge of Lions Environmental Impact Statement
The Florida Department of Transportation is committed to minimizing construction impacts to the historic Bridge of Lions, the lion statues, and the Bridge of Lions Park, as indicated in the Memorandum of Agreement (MOA) among FHWA, FDOT, The Advisory Council on Historic Preservation, and the SHPO. Steps to ensure this will be taken throughout the construction phase, and delineated in detail during the final design phase of this project. Such steps may include the following:
Recordation of the Structure: The FHWA and FDOT shall ensure that the appropriate recordation measures are carried out and accepted by the SHPO prior to any demolition, alteration, or rehabilitation activity affecting the Bridge of Lions or the marble lion statues. Plans, photograph documentation and written narrative must be consistent with the Level 2 documentation standards of the Historic American Building Survey (HABS) and Historic American Engineering Record (HAER).
Conservation of the Lion Statues: FHWA/FDOT will develop a restoration plan of the Lion statues in consultation with the SHPO. The plan will include a technical plan and information regarding the professional qualifications of the conservator, and stipulations for removal of the two Lion statues will prior to construction.
Archaeological Monitoring: FHWA/FDOT will ensure that particular care is taken during construction to avoid affecting any archeological remains that may be associated with the Trolley Station Archaeological Site (8SJ3312). Suitable arrangements for monitoring will be made in consultation with the SHPO prior to construction. Monitoring will be conducted by an archaeologist meeting the Secretary of Interior’s Professional Qualifications Standards for Archaeology ad will include recording and reporting major features or artifact concentrations uncovered and the recovery/duration of a sample of uncovered remains where practical. In the event that archaeological resources are discovered, the contractor will cease construction in the immediate area and proceed with consultation under 800.13 (b)(3).Project and Design Review: FHWA/FDOT shall ensure that the project design for rehabilitation of the Bridge of Lions and all associated new construction are compatible with the historic and architectural qualities of the structure and are consistent with the Secretary of Interior’s Standards for Rehabilitation (36 CFR Section 67.7, Revised 1990), and that the design plans and documents for the project are developed in consultation and with and submitted to the SHPO for review and comment.
Project Review: FHWA/FDOT shall ensure that design documents and other appropriate representations for the rehabilitation of the bridge are provided to the SHPO for the review at the completion of 30%, 60%, 90% and 100% stages of the construction plans and documents.
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As a result of the public hearing, environmental studies, and interagency coordination, the alternative recommended for Location/Design Concept Approval is Rehabilitation Option 1A. Option 1A will renovate major portions of the bridge in an attempt to minimize impacts to the historic nature of the structure. By maintaining the existing “charted” horizontal navigational clearance of 23.2 meters (76 feet), the existing bascule piers will be retained, thus allowing the bridge to remain listed on the National Register of Historic Places.
In addition to rehabilitating the Bridge of Lions, improvements will also be made to the bridge approaches. The bridge’s east approach will incorporate a northerly shift in the substandard horizontal alignment of Anastasia Boulevard. This modification would make the roadway curve approaching the bridge less sharp and thus safer for vehicular traffic. The intersection reconfiguration would involve creating intersections at St. Augustine Boulevard and Anastasia Boulevard, at St. Augustine Boulevard and Oglethorpe Boulevard, and require the permanent closure of access to Flagler Boulevard from Anastasia Boulevard. This improvement will increase safety, simplify traffic operations, and reduce motorist delay.
The use of a temporary bridge is required for the Preferred Option 1A to maintain traffic during construction. The temporary bridge's east approach will require temporary closure of access to St. Augustine Boulevard, Oglethorpe Boulevard, and Flagler Boulevard due to the tight horizontal alignment in relation to the existing streets.
I appreciate all the work you have done to research the law on this. Its how issues like this are settled. Knowing the process is time consuming but, it is the agreed upon law that binds us.