At the close of 2018, the Summers End Group had received substantial requests for additional studies from the consulting NOAA agencies. These studies were required to assess impacts to critical habitat and endangered species. In spite of four years of back and forth with the Army Corps, the Summers End principals and consultants had failed to provide the basic information required for a scientific analysis of the impacts of the marina on the environment of Coral Bay.
With post-Irma communications basically restored we were able to stay in regular contact with Jose Cedeno. I phoned periodically – every few weeks – to see if he had received any new submissions from Chaliese Summers in response to the agency requests. The answer throughout the first half of 2019 was that SEG was “discussing the scoping of the new studies” with NMFS, but had not yet come to agreement on what they would provide.
There was a change in management at the Antilles Regulatory office in October. Jose Cedeno left to take a position at HUD, and a new interim reviewer was assigned to the project. In my first conversation with the new reviewer I was told that during their transition meeting, Cedeno had said that SEG “must do significant additional studies to address agency concerns and USACE issues for rebuttal.”
The year ended with another large document submission from Summers End in December.
If you are interested in just one event on the timeline you can click on the item below to jump to that section. Alternatively you can simply read through the entire story, which is still unfolding …
- Background: Army Corps Permits
- 2014: The Year it All Started
- 2015: The Public and Federal Agencies Weigh In
- 2016: No Response from SEG …
- 2017: The Year of the Hurricanes … And Summers End Responds to Army Corps
- 2018: Army Corps Initiates Consultation With Federal Agencies
- 2019: Agencies Request Additional Information to Initiate their Reviews
- March 2019: Summers End Has Not Responded to Agency Requests
- April 2019: Summers End Proposed “Scoping” Document
- December 2019: Summers End Submits Responses to Agency Information Requests
- 2020: Federal Agencies and Army Corps Still Waiting for Adequate Responses
- 2021: Major Developments – Historic Shipwreck and Extensive Deficiency List
March 2019: Summers End Has Not Responded to Agency Requests
Throughout the first nine months of 2019 we were waiting for the Summers End response to the NMFS agency information requests. I phoned Jose Cedeno on a regular basis to ask if he had received anything, because the FOIA protocols made it easiest if I knew what was there before asking for it. Each time we spoke Cedeno essentially told me that Summers End and NOAA are “discussing a scoping plan” and they haven’t agreed yet on exactly what needs to be done.
In one of my final conversations with Jose Cedeno he told me that apparently SEG had decided to begin conducting additional studies without NOAA sign off. He also told me that he would be leaving the Army Corps for a new position in Housing and Urban Development. Shown below is one of the many call logs kept by me in order to keep track of things is shown below – roughly 20 phone calls over a 9-month period to check on status.
April 2019: Summers End Proposed “Scoping” Document
The additional information and studies required by NMFS and documented in Requests for Additional Information (“RAI”) in September and October 2019 were discussed between SEG and the NOAA agencies but it doesn’t appear as though they ultimately agreed on a scope of work. The only document ever produced pursuant to FOIA was a “DRAFT FOR REVIEW AND COMMENT.” Apparently SEG decided to move ahead with additional studies even though their scope and methodology had not been approved by the requesting agencie.
December 2019: Summers End Submits Additional Studies in Response to Agency Information Requests
The new documents submitted by SEG included (a) a Geophysical and Bathymetric Survey, (b) a sediment transport Numerical Modeling Analysis, (c) a Harbor Management Mooring and Docking Plan, (d) several letters clarifying prior submissions, and (e) more information on avoidance, minimization, alternatives and compensatory mitigation. All of these documents may be found on this page.
The document submission was accompanied by a cover letter (unsigned) addressed to Ms. Kelly Egan, the new reviewer for the Summers End project. The reviewing office has now been moved from Puerto Rico to Palm Beach Gardens, Florida.
Next Page: SEG USACE History – 2020