2014 Annual Report - Restore or Retreat · CWA TRIAL PHASES Aerial of the completed Phase 1 of the...

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2014 Annual Report Natural Resource Damage Assessment (NRDA) While the long Natural Resource Damage Assessment process continues to play out in full, headway has been made on the allocation $1 billion as an early NRDA “down payment” by BP. Nearly $700 million has been allocated with Louisiana receiving $371 million so far with commitments to fund Lake Hermitage Marsh Creation, several oyster cultch locations and an oyster hatchery, Louisiana Outer Barrier Islands, including Shell Island, North Breton, Calliou Lake, and Chenier Ronquille. There is also a commitment to fund the Louisiana Marine Fisheries Enhancement, Research and Science Center. National Fish and Wildlife Foundation (NFWF) With a total commitment of over $2 billion for diversions and barrier islands in Louisiana through the criminal penalties as a result of the 2010 oil spill, National Fish and Wildlife Foundation will invest $200 million on the ground for Engineering and Design and Construction of Caminada’s Phase II in Lafourche Parish, as well as Engineering and Design for East Timbalier, Mid-Barataria Sediment Diversion and planning for Lower Mississippi River Sediment Diversions and Increase Atchafalaya Flow to Terrebonne. RESTORE Act The Clean Water Act regulates the discharge of pollutants into U.S. waters. Through the Clean Water Act, when there is an oil spill, civil fines for responsible parties range up to $1,100 per barrel of oil spilled on a finding of negligence to $4,300 per barrel of oil spilled on a finding of gross negligence. As a result of the 2010 Deepwater Horizon incident, Transocean has settled their civil fines for $1 billion, and BP and Halliburton are currently in court, litigating their fines. After Deepwater Horizon, Congress passed the RESTORE Act, which dedicates 80% of these CWA civil and administrative penalties as directed into the Gulf Coast Ecosystem Restoration Trust Fund. Here is a summary of the division of funding: =Direct Allocation “Pot 1”: Each of the five Gulf Coast States split a 35% share. 70% of Louisiana’s share will go to the CPRA, and the coastal parishes will split the remaining 30%. Initial funding from the Transocean to the state and parishes is pending approval. =Federal Allocation “Pot 2”: Administered by the Gulf Coast Ecosystem Restoration Council, headed by Justin Ehrenworth and comprised of the five Gulf States, as well as federal departments and agencies. The RESTORE Council will manage a 30 percent share of Clean Water Act penalties distributed under RESTORE Act for ecosystem restoration through a Comprehensive Plan. While the Council developed a proposal solicitation and evaluation process, they are working to publish a Draft Funded Priorities List for public review, which will serve as the basis for allocating funds. In the first phase, the Council is administering $150-$180 million of the Transocean Settlement, but when the full amount into the Trust Fund is realized, they will allow for significantly larger projects and project lists. Five and Fighting… On the fifth anniversary of the oil-spill, here is an update on where we have been and where we are going Phase I Phase II Penalty Phase Phase III February - April 2013 September - October 2013 January 2015 =Addressed liability of each of the parties and issues of gross negligence =Addressed the amount of oil spilled/containment efforts =Addressed the amount of civil penalties based on factors listed in the CWA CWA TRIAL PHASES Aerial of the completed Phase 1 of the Caminada project.

Transcript of 2014 Annual Report - Restore or Retreat · CWA TRIAL PHASES Aerial of the completed Phase 1 of the...

Page 1: 2014 Annual Report - Restore or Retreat · CWA TRIAL PHASES Aerial of the completed Phase 1 of the Caminada project. In 2014, ROR was pleased to ... K President, Mr. Nicholls, Homecoming

2014 Annual Report

Natural Resource Damage Assessment (NRDA)While the long Natural Resource Damage Assessment process continues to play out in full, headway has been made on the allocation $1 billion as an early NRDA “down payment” by BP. Nearly $700 million has been allocated with Louisiana receiving $371 million so far with commitments to fund Lake Hermitage Marsh Creation, several oyster cultch locations and an oyster hatchery, Louisiana Outer Barrier Islands, including Shell Island, North Breton, Calliou Lake, and Chenier Ronquille. There is also a commitment to fund the Louisiana Marine Fisheries Enhancement, Research and Science Center.

National Fish and Wildlife Foundation (NFWF)With a total commitment of over $2 billion for diversions and barrier islands in Louisiana through the criminal penalties as a result of the 2010 oil spill, National Fish and Wildlife Foundation will invest $200 million on the ground for Engineering and Design and Construction of Caminada’s Phase II in Lafourche Parish, as well as Engineering and Design for East Timbalier, Mid-Barataria Sediment Diversion and planning for Lower Mississippi River Sediment Diversions and Increase Atchafalaya Flow to Terrebonne.

RESTORE ActThe Clean Water Act regulates the discharge of pollutants into U.S. waters. Through the Clean Water Act, when there is an oil spill, civil fines for responsible parties range up to $1,100 per barrel of oil spilled on a finding of negligence to $4,300 per barrel of oil spilled on a finding of gross negligence. As a result of the 2010 Deepwater Horizon incident, Transocean has settled their civil fines for $1 billion, and BP and Halliburton are currently in court, litigating their fines.

After Deepwater Horizon, Congress passed the RESTORE Act, which dedicates 80% of these CWA civil and administrative penalties as directed into the Gulf Coast Ecosystem Restoration Trust Fund. Here is a summary of the division of funding:

=Direct Allocation “Pot 1”: Each of the five Gulf Coast States split a 35% share. 70% of Louisiana’s share will go to the CPRA, and the coastal parishes will split the remaining 30%. Initial funding from the Transocean to the state and parishes is pending approval.

=Federal Allocation “Pot 2”: Administered by the Gulf Coast Ecosystem Restoration Council, headed by Justin Ehrenworth and comprised of the five Gulf States, as well as federal departments and agencies. The RESTORE Council will manage a 30 percent share of Clean Water Act penalties distributed under RESTORE Act for ecosystem restoration through a Comprehensive Plan. While the Council developed a proposal solicitation and evaluation process, they are working to publish a Draft Funded Priorities List for public review, which will serve as the basis for allocating funds. In the first phase, the Council is administering $150-$180 million of the Transocean Settlement, but when the full amount into the Trust Fund is realized, they will allow for significantly larger projects and project lists.

Five and Fighting… On the fifth anniversary of the oil-spill,

here is an update on where we have been and where we are going

Phase I Phase II Penalty PhasePhase III

February - April 2013 September - October 2013 January 2015

=Addressed liability of each of the parties and issues of gross negligence

=Addressed the amount of oil spilled/containment efforts

=Addressed the amount of civil penalties based on factors listed in the CWA

CWA TRIAL PHASES

Aerial of the completed Phase 1 of the Caminada project.

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In 2014, ROR was pleased to announce the addition of John Lombardo of Thibodaux as

Outreach Coordinator for the regional coastal advocacy group made possible with a

grant from the Walton Family Foundation and the Restore the Mississippi River Delta Campaign. Lombardo, a 2012 graduate of Nicholls State University, is a member of the United States Army National Guard and has previous NGO and campaign experience. While attending Nicholls, he was the gubernatorial appointment to the University Of Louisiana System Board of Education that oversees the allocation of funding, approval of projects and hiring of university staff for nine Louisiana Universities with over 90,000 students. Additionally, Lombardo served and was honored as Student Government Association President, Circle K President, Mr. Nicholls, Homecoming King, and a member of Nicholls Hall of Fame.

An active member of the community, Lombardo is also part of the Rotary and Kiwanis Clubs of Thibodaux, 2014 Hook and Ladder Company Secretary, a CASA volunteer and board member of the Lafourche Chamber.

“Now, more than ever, we need to further our education and outreach, so we can all best understand the challenges and opportunities that lie ahead for our coastal communities,” said Simone Maloz, Executive Director of Restore or Retreat. “John’s skills, experience, and community involvement make him an ideal fit for ROR as we look ahead to the next exciting chapter for Louisiana’s coast.”

ROR Hires Outreach

Coordinator

Connect with RORfacebook.com/restoreorretreat

@RestoreRetreat

ROR at Work

Restore or Retreat Executive Director Simone Maloz and Outreach Coordinator John Lombardo were honored by the Thibodaux Chamber, Lafourche Chamber, and Leadership Lafourche organizations as a “Best of Lafourche: 40 Under 40.” The first Best of Lafourche: 40 Under 40 awards program is a way to identify and acknowledge young leaders in the community, organizers said.

“The list is basically the movers and shakers of the parish. It’s people to look for, watch out for,” said Lin Kiger, CEO/President of the Lafourche Chamber. Congratulations to the ROR staff!

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ROR Hosts Annual Meeting with RESTORE Executive Director

Last spring, ROR supporters and community stakeholders gath-ered in Thibodaux for the Restore or Retreat General Membership Meeting. The meeting, held an-nually, serves as an update on the organization’s activities. This year, guests also received a briefing on the current status of federal resto-ration activities by the RESTORE

Council from its Executive Director, Justin Ehrenwerth.

Ehrenwerth spoke to the group about how funds are to be allocated through the RESTORE Act, and explained how the RESTORE Council entity is being stood up from the ground up through the Department of Commerce. Eligible expenses for the RESTORE monies were also outlined as well as the RESTORE Council’s process to select programs and projects.

=Oil Impact Allocation “Pot 3”: Reasonably, LA would seem to be the recipient of a significant portion of these funds. Based on a percentage allocation for populations, shoreline impacted, and average distance from the incident. This is a very tricky calculation that some feel is up to some interpretation. To be continued…

=Science Pot: State Centers of Excellence and Science, Observation, Monitoring, Technology (NOAA) - The Water Institute of the Gulf was named Louisiana’s Center of Excellence, and NOAA recently had a call for projects for the SOMT program.

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ROR Executive Director Named to Governor’s Coastal Commission and Diversion Subcommittee

In 2014, ROR Executive Di-rector Simone Maloz was appointed to the Governor’s Advisory Commission on Coastal Protection, Restora-tion and Conservation.

“It is an honor to be nominated to serve on the commission,” said Maloz. “I look forward to representing Restore or Re-treat, and hope to contribute even more to the good work

already being done by the Commission and its members.”

The Commission assists the State of Louisiana in the devel-opment and implementation of a holistic plan to achieve a sustainable coastal ecosystem, encompassing the entirety of Louisiana’s fragile coast from the Pearl River to the Sa-bine River, all predicated upon uncompromising engineer-ing, scientific and ecological principles.

It does this by advising the Governor and the Executive As-sistant on integrated coastal activities relative to the overall status and direction of the state’s coastal protection pro-gram. It reviews programs, conditions, trends, and scien-tific and engineering findings which affect integrated coastal protection, in order to make recommendations for improve-ments to the state’s integrated coastal protection efforts.

The Governor’s Advisory Commission recently reinstated the Diversion Subcommittee. Maloz and ROR Vice Presi-dent Ted Falgout serve on this important subcommittee, which was re-established to support the State’s efforts to effectively implement freshwater and sediment diversions. Through several meetings in 2014, the group has received updates, disseminated information, and identified informa-tional and scientific needs related to the proposed diver-sions in the State’s Master Plan. In 2015, they will continue to receive input from individuals and organizations on is-sues of interest and concern related to river diversions and relay that information to the CPRA and or other appropriate parties for response and incorporation into on-going diver-sion planning and implementation efforts.

Restore or Retreat co-hosted and participated in a field trips to the Caenarvon Outfall area and Davis Pond structure and outfall area following Diversion Subcommittee Meetings of the Governor’s Advisory Commission.

Participants provided overwhelmingly positive feed-back following the site visits when reported at sub-sequent meetings. Trips planned for 2015 include Maurepas, the central and western marsh areas for Terrebonne, as well as Bayou Dupont marsh creation.

ROR Visits Caenarvon and Davis Pond with Diversion Subcommittee

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Photos on the right: Top - CPRA’s John Troutman updates King Milling and Rep. Ray Garofalo at the Davis Pond Structure. Middle - Alisha Renfro of the National Wildlife Federation shows field trip participants the results of a core sample she took at Davis Pond to show land growth. Bottom - Members of the Diversion Subcommittee, CPRA, and the Lake Pontchartrain Basin Foundation before the group headed out to the Caenarvon outfall area.

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RORin theField

NFWF, CPRA, and NGO participants hear about existing and planned restoration projects from host Greg Linscombe of Continental Land & Fur.

ROR ED Simone Maloz sits with SCIA board members Lori Da-vis, Paul Danos, and Cory Kief during Representative Scalise’s Energy Tour roundtable at the Greater Lafourche Port Commis-sion. SCIA cohosted the event, and Maloz serves as the SCIA committee chair for Infrastructure and Governmental Affairs.

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ROR Outreach Coordinator John Lombardo looks down the Crawford Canal during a field visit to western Terrebonne.

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ROR joined the Louisiana Wildlife Federation on a media tour of the Wax Lake outlet, where participants saw firsthand the growth of this “accidental” delta. Photo courtesy of www.nola.com

Restore or Retreat welcomes Chip Kline as the incoming chair of the Coastal Protection and Restoration Authority and director of the Governor’s Office of Coastal Activities. Kline was born and raised in Louisiana, and is no stranger to those working in coastal Louisiana for the past several years.

We checked in with the LSU graduate, who has been working in the Governor’s Office of Coastal Activities since nearly day one, to ask him a few coastal questions about where he thinks coastal Louisiana has been and where he thinks it is going.

ROR: You have worked in coastal Louisiana for awhile-- what is the biggest change or difference you have seen in coastal restoration from when you started in --- until now?

CK: When I returned to Louisiana to join the fight to save our coast in 2008, our plans were more conceptual than concrete. Now, we have a robust Master Plan that is very specific in listing the projects and programs we are pursuing—and we have great results to show in the early stages of following the plan. Since 2007, we’ve secured approximately $18 billion in state and federal funding for protection and restoration projects. With those funds we have moved over 150 projects into design and construction. These projects have contributed to building or improving approximately 250 miles of levees, benefitting over 25,000 acres of coastal habitat, and constructing 45 miles of barrier islands and berms. We have made great progress, but much more work still remains to be done.

ROR: What do you think is our biggest obstacle outside of coastal Louisiana?

CK: We cannot allow the perception to persist that the federal money sent after hurricanes Katrina and Rita has somehow “solved” Louisiana’s hurricane vulnerability issues. Nor can we accept the story that BP has already “cleaned up” the Gulf and our coastal environment, as its TV commercials and news releases keep telling the world. And now, the president’s budget has suggested that offshore revenues promised to Louisiana in the 2006 GOMESA legislation are better spent on the nation as a whole and not on our coast. The reality is that our state, and our coast in particular, is absolutely essential to the nation, both economically and environmentally. Our coast is a working coast, and when investments are made in the coast we are paying to maintain access for the entire nation to one of the country’s largest energy corridors, some of the biggest ports in the world, one of the largest fisheries, and vital migratory bird habitat among other things. People need to recognize the severity of our issues and the progress we are making on their behalf.

ROR: Where do you see coastal Louisiana in 10 years?

CK: We are at a crucial turning point for coastal Louisiana. We have more scientific information supporting our work than ever before, we are moving into a phase of the program where we are implementing larger scale projects, we are preparing to make crucial decisions on some of our other major restoration initiatives, and we seem to have a funding source that will provide for our work in the near to medium term. If we continue to follow the Master Plan (and its updates every five years), and continue to make wise investments with the funds we receive, we should have more coastal wetlands and land restored, more and stronger levees and flood gates, bigger and more resilient barrier islands, and a more sustainable ecosystem that will allow us to continue to live and work in our communities. Like everyone, in 10 years I want to see a prosperous Louisiana where my children—and their children—can live, work and play.

Coastal Check In with Chip Kline

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ROR Hosts Fourth Coastal Summit

Over 60 participants attended the one-day summit held at Nicholls State University in Thibodaux. Restore or Retreat (ROR) and the National Wildlife Federa-tion, representing the Restore the Mississippi River Delta campaign, hosted the “Fourth Summit on Coastal Restora-tion for Lafourche and Terrebonne” for non-governmental or-ganization (NGO) representatives in November 2014. The Fourth Summit built on past efforts to connect NGO ca-pacity with the restoration priorities, funding possibilities and ongoing projects of these two parishes. The inaugural sum-mit was held in 2011 in Terrebonne Parish.

The event’s theme “What have you done for me lately: RESTORE-ing Regionally” focused on how impending RE-STORE dollars and the 2017 Master Plan will shape how Lafourche and Terrebonne’s coastal landscape will look in the near and long-term futures, and how stakeholders and organizations can play a valuable part in the planning and implementation process. Archie Chaisson of Lafourche Parish and Nic Matherne of Terrebonne Parish presented local priorities and ongo-ing projects in the context of how they are aligned with the Master Plan, RESTORE, early NRDA, and other priorities. Stakeholders then broke out into focus groups to discuss their particular interests and concerns regarding the planning and implementation process. After a working lunch with a presentation by Dr. Robert Twil-ley of Louisiana Sea Grant, Mr. Jerome Zeringue, Chair of

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ROR Executive Committee

Mike Plaisance, President Plaisance Dragline and Dredging

Ted Falgout, Vice-President Ted M. Falgout and Associates

Henri Boulet, Secretary LA 1 Coalition

Robert Naquin, Treasurer Century 21

Timothy Allen - Apache LA Minerals

Charlotte Bollinger - Bollinger Shipyards

C. Berwick Duval II - Duval, Funderburk, Sundberry, Lovell & Watkins

Dr. John Jones - Jones Dermatology

Simone Theriot Maloz, Executive Director

the Coastal Protection and Restoration Authority, shared his thoughts on the planning already underway for the 2017 Master Plan, as well as current opportunities for funding - both at the state level and monies that will flow directly to the local level. Finally, at the end of the day, participants discussed the role of the NGOs and tactics they can bring to bear to support and propel these parish and state efforts.

A final “outcomes document” was crafted to be present-ed to the CPRA’s Framework Development Team to help inform the FDT of the expressed ideas, needs and re-sources as they craft the 2017 Master Plan. PowerPoint presentations from the summit can be found online at www.restoreorretreat.org

The project to convey sediment long distance from the Atchafalaya is one project that was highlighted by Terrebonne Parish during the ROR-NWF NGO Summit.

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ROR Receives Fourchon Oilman’s

Grant

The Water Institute of the Gulf’s Chief Scientist Dr. Denise Reed ad-dresses the group at the 3rd annual Restore or Retreat luncheon for the Water Institute.

Stakeholders listen to updates from Dr. Chip Groat, CEO, and Dr. Denise Reed of the Water Institute on their work since the Institute was first launched in 2012, including their work on local projects and on the 2017 State Master Plan.

Restore or Retreat was proud to be a sponsor of the South Loui-siana Wetlands Discovery Center’s Summer Camp. Campers take field trips to exciting wetlands venues to gain real-world knowledge and then discuss their experiences and participate in other fun activities.

In the spring, ROR participated in a field trip to the Lake Hermitage and Myrtle Grove areas and hosted lunch for the Diversion Panel Experts who also had a fly-over of the region. The Expert Panel on Diversion Planning and Imple-mentation is hosted by the Water Institute of the Gulf, and was established to provide independent advice as plans for implementing sediment diversion projects along the Mississippi and Atchafalaya rivers that support coastal restoration are refined. ROR later hosted the field trip to the Wax Lake Outlet in October for the Diversion Expert Panel. CPRA and NOAA leadership also attended, as well as representatives of the National Fish and Wildlife Foundation, and Louisiana and national staff members of the National Audubon Society.

Right: Bren Haase of CPRA describes the delta building process and the opportunities it represents in LA.

Far Left: Dr. Denise Reed briefs participants be-fore their boat tour of the Myrtle Grove area. Panel members convened for their second meeting in New Orleans the following day.

Left: Dr. Reed and panel members get their hands dirty during the Wax Lake Outlet field trip in October.

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ROR Community Partnerships

ROR Visits Myrtle Grove and Wax Lake Outlet with Diversion Expert Panel

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Restore or Retreat, Inc. 2014 Membership

PlatinumBayou Community Foundation

ChevronGreater Lafourche Port Commission

Terrebonne Parish Consolidated Government

GoldLOOP, LLC

ConocoPhillipsBollinger Family Foundation

Fourchon’s Oilman’s Association

SilverCaillouet Land Corporation, Inc.

Capital One BankSCIA

Mrs. Phyllis Taylor

BronzeApache LA Minerals, Inc.

Buquet Distributing Company, Inc.The Allan Company

DanosSouth Lafourche Bank and Trust Co.

Angelette - Picciola, LLCBienvenu Foster Ryan & O’Bannon, LLC

Bollinger ShipyardsEntergy

Jones DermatologyL&M Botruc Rental, Inc.Parker Marine Services

Terrebonne Levee and Conservation DistrictThibodaux Regional Medical Center

Mr. Wm. Clifford SmithHESCO Bastion Environmental, Inc.

South Louisiana BankDuplantis Design GroupAll South Consulting EngineersAmerica’s Wetland FoundationBayou Industrial GroupCommunity BankJohn Deere Thibodaux, Inc.

John J. Erny III for JudgeJP Morgan ChaseMartin EcosystemsMoffatt and NicholMorgan Stanley Smith BarneyPlaisance Dragline and Dredging Co.Vision CommunicationsTed M. Falgout & Associates, LLCTriche-Doverspike Financial Group, Inc.Bluewater Rubber & Gasket Co.Central Gulf Towing, Inc.Alford Staples Lapeyre & RobichauxDaybrook FoundationGulf Island Fabrication, Inc.Terminix Pest ControlMr. and Mrs. Norm DuplantisCB&IJ. Wayne Plaisance, Inc.MidSouth BankPicciola and AssociatesResource Environmental SolutionsRoly Poly of HoumaRoyal EngineeringSeacor MarineStephanie Hebert AllstateMichel Claudet, LLCIris DoucetCurren Landrieu Court ReportersBourgeois Bennett LLCDr. Neil MakiAshley Barrios State FarmHalliburtonOccupational Medicine Services, LLCMr. Dave Defelice, Jr.Mr. James CallahanCentury 21 Acadia RealtyC-K Associates, LLCGaubert Oil Co., Inc.GSE Associates, LLCLeonard Chauvin PE PLS Pine Bluff Sand and GravelRaceland Raw Sugar

CorporationRegions BankRig-Chem, Inc.The Seafood ShedMr. Joseph T. ButlerCharles C. Theriot and Company, CPAsMs. Jane ArnetteThomassie ConstructionTown of LockportAssumption Sheriff Mike WaguespackBoudreaux Properties, Inc.Conestoga-Rovers & AssociatesFriends of Edwin Edwards Internal Medical Associates of Houma, APMCJones Insurance ServicesLA 1 CoalitionS. Douglas Ber DDSSen. Bret AllainDave DeFeliceMr. and Mrs. Francis Richard

AssociatesRAMCO, LLCSynergy BankFamily Doctor ClinicWilliams, Inc.Southern Guard ServiceNorth Lafourche Conservation Levee & Drainage District

FriendAECOMAudubon LouisianaBayou Lafourche Area Convention and Visitors BureauBTNEPEugene Gouaux, Jr., Attorney at LawLafourche Assessor Wendy ThibodauxPhysical Therapy SpecialistScott AngelleJonathan CheramiePhilip GouauxChris RiviereLanaux & Felger, CPAs, APCPlantation Trace Development LLCDr. Eugene Dial Rudolph King House Painting Joe’s Septic Contractors