APPROVED BY THE SEG AT THE March 1999 MEETING
Summary of January 12, 1999, Stakeholders Evaluation Group Meeting
The meeting began at 9:00 AM with introductory remarks by Charles Griffen.
Mr. Griffen read a letter from Mr. Doug Marchand, Executive Director,
Georgia Ports Authority. Copies of the letter were furnished to all
participants and the letter is included as part of these minutes.
The Facilitator made some introductory remarks including the intention to
tape record the proceedings. He then discussed the agenda briefly
indicating the intent to first recognize GPA for a formal presentation of
the Total Tier II Study Process and how the work of the SEG fits into that
process. Following that, the SEG as a group would be asked to review and
amend the agenda and discuss the priority with which the group wished to
address the agenda items.
GPA made its presentation, including its recommendation for SEG priority
consideration of three field study efforts. GPA agreed to furnish SEG
participants with a schedule of the Tier II Process. Discussion ensued
with several technical questions regarding the proposed studies and
responses from GPA. Issues questioned were:
-Q. Would compliance with water quality standards be affected?
-A. No, all water quality standards still apply.
-Q. Would sediment disposal be considered by the SEG.
-A. GPA recommends sediment disposal be considered as part of the
project design process rather than part of the SEG.
-Q. Would the Hilton Head Water Intake be affected by the project.
-A. No. It is too far upstream to be affected by the deepening.
There was a question from the floor regarding the definition of mitigation.
It was understood that mitigation includes avoidance, minimization, and
compensation, not simply compensation. It also includes the possibility
that no suitable mitigation may be found.
There was some discussion of the study process to date, especially the Tier I
EIS and GPA responses to comments on the Tier I EIS. GPA agreed to
provide at the next SEG meeting its response to each of the issues raised
in comments on the Tier I EIS, especially as the responses indicated that
the particular issues had been adequately addressed. There was a
suggestion that the SEG could make a determination whether a particular
issue had been adequately addressed, but no conclusion was reached on this
point. (Note: At the February 2, 1999, meeting, the SEG agreed not to ask
GPA for this information as it is included in the Tier I EIS.)
A suggestion was made to set a time limit on discussions and presentations.
The SEG decided not to set time limits.
There was a question from the floor whether the SEG would determine the
issues to be dealt with. The Facilitator assured the group that the SEG
would determine the issues to be addressed within the context of the
standard Corps of Engineers study parameters.
The U. S. Fish and Wildlife Service reiterated a request made on previous
occasions that additional model runs are needed to identify the impacts of
incremental channel depths.
A comment was made that GPA should not seek Congressional authorization at
this time. The Facilitator indicated that issue is beyond the scope of the
SEG.
In response to a question regarding the non-government membership listed in
the draft Operating Guidelines, the facilitator stated the list in the
draft Operating Guidelines is an old list and all participants are welcome.
Discussion turned to the suggested agenda items. The following suggestions
for the agenda were made and recorded by the Facilitator.
- -Definition of consensus
- -Who holds the "kill switch"
- -Selection of facilitator
- -Organizational structure, use of committees
- -Deliverables
- -Voting, recording of votes, degree of consensus
- -Who represents the SEG publicly
- -SEG Process
- -Draft scopes of work for field studies
- -Tiering process
- -Identification of issues
- -Scientific data gathering
- -Should GPA seek authorization at this time
- -Agenda setting
- -Communications
- -Membership
- -Scope of the SEG
- -Mission
- -Clarify the role of GPA
- In addition, in advance of the meeting, the facilitator provided a list of
- issues drawn from the Tier I EIS which might be addressed. The list
- follows, and includes two issues suggested from the floor, bend widener
- impacts and Fort Pulaski impacts.
- Model Verification
- Salinity Changes
- Dissolved Oxygen
- Chloride Levels
- Striped Bass
- Shortnose Sturgeon
- Fresh Water Wetlands
- Salt Water Wetlands
- Tide Gate Restoration
- Cumulative Impacts from Previous Dredging
- Closing Middle River
- Fishery Management Plans
- Anadromous Fish Populations
- Other Fish Species; red drum, American shad, Atlantic salmon, river herring
- Essential Fish Habitat (EFH)
- Endangered Species Act Compliance
- Management of Contaminated Sediments
- Beach Erosion
- Channel Slope Erosion
- Ft. Pulaski Erosion
- Dissolved Oxygen/Fecal Coliform on Beaches
- Agitation Dredging
- Sand as a Resource
- Upstream Water Releases
- Project Economics
- Corps of Engineers Section 1135 Restoration Study
- Corps of Engineers Savannah River Comprehensive Study
- Bend widener impacts
- Ft. Pulaski impacts
Discussion of the agenda items:
The group agreed to address the definition
of "consensus" first. The Savannah Manufacturers Council suggested a
definition as follows, "Consensus is the mutual feeling that all concerns
have been addressed. Consensus does not necessarily mean unanimity or 100
percent agreement on everything by everybody. Consensus is not
conformity." The group agreed to this definition with a proviso that it is
understood that in the event of a dispute over whether consensus had been
reached on a particular issue, the group would reconsider the definition.
Representatives of state and federal regulatory agencies also emphasized
that they could not make commitments for their respective agencies.
It was also noted that the SEG would have to be advisory to GPA and the
regulatory agencies unless specific procedures of the Federal Advisory
Committee Act are followed.
The next agenda item to be addressed was the Draft Operating Guidelines.
The Savannah Manufacturers Council had provided a marked up version of the
GPA draft and discussion began with the first paragraph. It was agreed
that GPA would revise the Guidelines based on the discussion and apparent
consensus and resubmit the Guidelines to the next SEG meeting.
There were concerns expressed about the second sentence of the first
paragraph.
-SCOCRM and other regulatory agencies did not want to be involved as a
"decision maker" in the mitigation plan. The role of the regulatory
agencies is to review the plan and determine whether it meets agency
requirements.
It was agreed to include specific indication that the outcome of the SEG
process may result in a determination by the SEG that there is no feasible
mitigation plan.
The second paragraph was modified to provide for a "minority view" of the
consensus outcome if a participant wishes.
The third paragraph deals with the selection of the facilitator. GPA
indicated that as the responsible government agency for the project, it has
the responsibility to select the facilitator. The Savannah Manufacturers
Council recommended the SEG select its own facilitator. The facilitator
indicated he could not "facilitate" his role in the process. The group
agreed that the Savannah Manufacturers Council would form a delegation to
meet with GPA leadership to discuss selection of a facilitator. In the
meanwhile, the facilitator would continue in the role. Further discussion
of the third paragraph was tabled.
After completing agreement on revisions to the Introduction Section of the
draft Guidelines, a suggestion was made to shift the agenda to the
discussion of the field studies because of the time remaining in the day
and the importance of addressing the need for field studies to be conducted
this Summer.
GPA recommended that a committee be formed to review the remaining sections
of the draft Operating Guidelines and submit a revised version to the next
SEG meeting. An alternative suggestion was made for the participants to
furnish written comments on the Operating Guidelines to the facilitator who
in turn would furnish copies of all comments to the entire SEG for
discussion at the next meeting. The group decided to provide comments to
the facilitator for distribution rather than establish a committee to
revise the Guidelines.
GPA then presented the proposed scope of studies for field work this
summer. The SEG agreed to form a group of experts to review the study
proposal and report back to the SEG with recommendations. It was also
agreed that all SEG participants would be notified of any meeting of the
expert group and be welcome to participate or be represented.
Particular concern was raised by several participants about the proposed
schedule for the studies. It was understood that in making its
recommendations to the SEG, the group of experts would make its own
judgments about the content and schedule for the field work.
The SEG decided to convene the next meeting at 9:00 AM on February 2, 1999.
The location is to be determined, but it will be in Savannah. The
facilitator offered to suggest a draft agenda for the next meeting.
Subsequent to the close of the meeting, GADNR asked that the outline of its
Savannah Inlet and Estuarine Process Study be distributed. It will be
included with distribution of comments on the Operating Guidelines.
Sincerely,
Morgan R. Rees, Facilitator