On Jan 6, 2023, Summers End submitted a partial response to the Sept 21, 2022 Request for Additional Information.  On the same day the Army Corps “deactivated” the permit application due to SEG’s failure to submit a complete response by the Jan 6 deadline.

January 6, 2023
US. Army Corps of Engineers
Attention:                           Samantha Burns, Section Chief
RE: SAJ-2004-12518 (St John Marina)

Dear Samantha,

Please accept this letter, the responses, and the supporting exhibits as The Summer’s End Groups, LLC’s (Applicant) response to that certain request for additional information issued by Alisa Zarbo, Acting Section Chief, south Branch, dated September 22, 2022 (RAI) regarding the above referenced application, and timely filed in accordance with the instruction included in the email from your reviewing engineer Alberto Gonzalez dated November 21, 2022, requiring this response to be provided on or before January 6, 2023.

Applicant has paid particular attention the concerns expressed in RAI that additional information and project modifications needed to be generated and submitted as part of this RAI response in order to resolve objections expressed by both the U.S. Environmental Protection Agency (EPA) in accordance with the EPA MOA and by the National Marine Fisheries Service, Habitat Conservation Division’s (NMFS, HCD’s) in accordance with NMFS MOA.

We understood that additional information was likewise necessary to complete the interagency consultation procedures required by Section 7 of the Endangered Species Act (ESA) with National Marine Fisheries Service, Protected Resources Division (NMFS/PRD), the Magnuson-Stevens Act, and the National Historic Preservation Act.

Applicant and its consultants have coordinated with the USACE, USACE’s archeologist, and NMFS was consulted by the USACE on the development and approvals regarding the scope of work for the updated benthic survey and the Phase I and Phase II archeological investigations which are provided as part of this comprehensive response. Further, Applicant has modified the project to address the comments received to the extent reasonably practicable.

As noted in communications between Applicant’s consultants and the staff reviewer, Alberto Gonzalez, some materials required to support of Applicant’s responses are delayed due to weather and logistical challenges. Those materials will be submitted shortly to supplement this response as noted in that communication.

The Applicant respectfully requests a meeting with the USACE reviewer Alberto Gonzalez and you to review this submission at your earliest convenience.
Sincerely,
Chaliese Summers

From:                        Gonzalez, Alberto CIV USARMY CESAJ (USA)
Sent:                          Tuesday, January 10, 2023 8 50 AM
To:                             Chaliese Summers
Cc:                              Burns, Samantha L CIV USARMY CESAJ (USA)
Kaynor, Susan R CIV USARMY CESAJ (USA)
Subject:         RE Summers End – responses

Chaliese,
Please note, the Corps deactivated this application on close of business Jan 6th as a response to the RAI was not received by the established deadline. The Corp will make its determination to reactivate the application upon receipt and review of the completed submittal including the benthic survey, archeological survey and any other pending items requested in the September 21, 2022 RAI.
Thanks,
Albert