=1= INTRODUCTION
The Josh Guillory Administration appears to have violated federal funding guidelines because no environmental review was performed as part of the project.
The Lafayette Parish Democratic Party Executive Committee (DPEC) conducted research by contacting the agencies that should have participated in the environmental and archeological review. We found no such review.
Rather than making unfounded accusations, we will make public records request for environmental correspondence and documents to determine if any such violation and the extent of the violation itself.
=2= SEPARATE ENVIRONMENTAL ISSUES
We will write a separate blog post dealing with archeological issues. Similarly, we contacted agencies that should have been contacted, but no records of the Josh Guillory Administration participating in an environmental review could be found.
=3= GUILLORY ADMINISTRATION AND REGIONAL WATERSHED PLANNING
A watershed is simply an area that is drained by a stream. If the stream is the ditch in front of your house, then the watershed is the neighborhood. If the stream is the Bayou Vermilion, then the watershed is most of Acadiana.
When we push water onto a neighbor within a watershed, we create problems for that neighborhood. The neighbor should have a say how the water is managed so as to avoid flooding both ourselves and the neighbor.
The Josh Guillory Administration has not been a good neighbor.
Saint Martin Parish has brought legal action to stop the Spoil Bank Removal Project, located along the Bayou Vermilion, which serves as the boundary between Lafayette and St. Martin Parish.
The attached map shows the location of all of the drainage project proposed and/or completed by the Josh Guillory Administration.
As shown on this map, the Bayou Vermilion Spoil Bank Removal Project east of the Lafayette Regional airport.
=4= FEDERAL FUNDS AND THE SPOIL BANK
According to the DPEC’s research, the funding agency is responsible for preparing an environmental review for federally funded projects. One such such component of the environmental review is a Section 404 Wetland Permit issued by the Crops of Engineers in New Orleans. A second permit is a Conditional Letter of Map Revision (CLOMR) used by the Federal Emergency Management Administration in Dallas.
No funds are permitted to be expended until both permits are completed.
As quoted below in news reports and statements in the Lafayette Parish Council, federal funds were involved in the overall planning and funding for the Guillory Administration’s Drainage plan.
News reports by Andrew Capps in the Daily advertiser, July 20, 2021, state that federal funding was provided for 70-project budget for LCG’s $86M.
We quote directly from that news article in the Lafayette Advertiser:
“Lafayette Mayor-President Josh Guillory revealed a 70-project proposal to spend Lafayette Consolidated Government’s $86 million federal windfall from President Joe Biden’s American Rescue Plan Act.
Guillory’s 18-page proposal was revealed Tuesday night as Lafayette’s city and parish councils gave it initial approval for a final vote set for their Aug. 17 meetings.
The federal funds are split between city and parish government operations, with $47.5 million for the parish and $38.3 million for the city.
The proposal from Guillory’s administration sets aside $22.6 million for drainage projects, $28.3 million for roads and bridges, $14.6 million for public safety improvements and $20.1 million for what the administration is calling competitive investments, which target quality of life improvements such as parks, public area lighting and digitization efforts.”
However, the DPEC contacted members of the local media who reported that the council did not directly authorize the expenditure of funds for the Spoil Bank Project. The DPEC concludes that since project was conducted secretly (as widely reported in the local media), then an acknowledge of the project would not be made as part of the funding documentation from the council.
=5= BAYOU VERMILION – LAKE MARTIN WATERSHED
The Bayou Vermilion – Lake Martin Drainage Area provides storage capacity for drainage along the Vermilion River. During periods of heavy rainfall, the Bayou Vermilion does not flow south as does most of the streams in Louisiana. Rather because of development, river flows north. The result is that the storm water does not flood homes and businesses the area prevent floods, providing for a rich diversity of plants and animals in the flooded area.
The area east of the Lafayette Regional Airport is located where the Spoil Bank Project is located. The existing spoil banks were created by silt that was laid down during periods of excess rainfall channeling the stream southward as part of the natural process.
The watershed crosses political boundaries between Lafayette and St. Martin Parish including Lake Martin and the wetlands north and west of of the lake.
=6= JOSH GUILLORY AND PLANNING
According to a March 16, 2022 news report in the Current by Leslie Turk, Mr. Josh Guillory, Mayor President of Lafayete City Parish Government is quoted as saying that:
Lafayette’s ‘new pace’ of government lands its drainage strategy in court
“I was put here to do action. I was not put here to feed into bureaucracy,” the Lafayette mayor-president said on KPEL last week, defending a controversial decision to purchase property in St. Martin Parish and secretly remove decades-old spoils from the banks of the Vermilion River, allowing rain water to again flow into Cypress Island swamp during a storm event. “We’ve studied, studied, studied,” Guillory continued. “The alternative is to go with the old pace, and I don’t think anybody wants us to go with the old pace.”
The Josh Guillory action action plan has landed LCG in court, potentially costing thousands and potentially hundred thousands of dollars in court cost.
Leslie Turk in online news outlet, The Current, reported on March 16, 2022 in an article entitled, Lafayette ’New Pace’ of government lands it strategy in court.
Lafayette’s ‘new pace’ of government lands its drainage strategy in court
We quote:
“LCG has defended the spoil banks project, saying it restores the natural contours of the river and will make space for stormwater to flow into the Cypress Island swamp. That view is supported by” … McBade Engineers & Consultants and UL Lafayette studies.
“LCG insists the project will benefit both parishes but has not released reports backing that claim. In turn, St. Martin has not been satisfied that the project won’t flood homes in the Cypress Island community.”
“St. Martin Parish President Chester Cedars, who fears removal of the spoil banks could lead to flooding in the low-lying Cypress Island community, called the Guillory administration’s February actions “unprecedented.”
St Martin Parish Presicent, Chester Cedars, is a “a former prosecutor, is prepping an aggressive strategy of his own, publicly calling for investigations from regulatory agencies and his congressional delegation and asking his council for authorization to “pursue litigation against every single person, farm and entity that may be complicit in the removal of the banks,” including LCG officials.
“I proceed very methodically,” Cedars told The Current. “I’m not a ready, shoot, then aim type person. I am a ready, aim, shoot person. I’m trying to get all the facts, all the circumstances crystalized,” he added. “We’re also looking at the negative impact this can have to trust our neighbors to address regional flood issues.”
=7= THREE ENVIRONMENTAL PERMITS
When federal funds are used, then an environmental review process is required.
As part of that process, two permits are fundamental to drainage projects, both of which allow for the free flow of water along existing streams and adjoining flood plains, both areas that have been repeated submerged and flood. These permits are:
-1- US Corps of Engineers Wetland (Section 404) Permit
-2- Federal Emergency Management (FEMA) Conditional Letter of Map Revision.
-3-Louisiana State Water Quality Permit
The purpose of the permits is to prevent moving water in manner that might be beneficial to one land owner, but detrimental to the property rights of another landowner.
=7.1= CORPS OF ENGINEERS PERMITS
The Josh Guillory Administration applied for Section 404 Wetland Permit for work along the Bayou Vermilion entitled as Spoil Bank Removal and Retention Area Along the Vermilion River in Lafayette and St. Martin Parishes (permit No. MVN-2021-00165-WQQ). The permit was prepared by CK Associates, Attn: Autry Atkins, 8591 United Plaza Blvd. Suite 300, Baton Rouge, Louisiana 70809. A public notice was given on April 26, 2021 for written comments within 20 days for comments from effected parties and interested agencies.ON August 30, 2021, The Josh Guillory Administration revised their permit on August 30, 2021 to remove the work to be performed in St. Martin Parish.
Copies of the April 26, 2021 and the August 30, 2021 public notices are posted on this website.
The Lafayette Parish Democratic Party Executive Committee (DPEC) corresponded with the US Corps of Engineers in March of 2022 as to the status of the permit. The only information that could be released at that time was that the Josh Guillory Administration had requested halt to the permitting process. No further comments could be issued because of litigation between the Josh Guillory Administration and the St. Martin Parish Police Jury as well as the US Corps of Engineers.
Staff of the Corps of Engineers in New Orleans on June 22, 2022 stated again no comments could be made because of litigation between the parties involved.
=7.2= CONDITIONAL LETTER OF MAP REVISION (CLOMR)
Lafayette Parish participates in the National Flood Insurance Program as managed by FEMA.
Lafayette Parish, unlike most parishes, has an advanced computer two foot contour map and a drainage model for the entire parish to facilitate development.
The flood plain administrator is in charge of tracking changes to the drainage model when an applicant successfully applies to FEMA in Dallas for a Conditional Letter of Map Revision (CLOMAR). The letter is filed as part of the local building permitting process as administered by the Department of Planning and Development, Permits and Codes Division.
The floodplain administrator tracks changes the drainage model with a map.
The map does not show that a Conditional Letter of Map Revision (CLOMR) was issued for the project, even though the purpose of the project was to alter the floodplain.
=7.3= WATER QUALITY PERMIT
On the Lafayette Consolidated Government’s Department of Planning and Development’s website (as noted above), there is the following quote:
“Construction activities may also be subject to the Louisiana Department of Environmental Quality’s stormwater permit requirements. Please visit https://deq.louisiana.gov/page/storm-water-protection for guidance documents and other resources. You may also reach out to environmentalquality@lafayettela.gov to get information.”
The Louisiana Department of Environmental Quality participates with US Corps of Engineers in the issuing of a water quality certification. Because the project is under litigation, information about the DEQ water quality permit is probably not available at this time.
=8= ST. MARTIN PARISH DRAINAGE PERMIT AND TAKING PRIVATE PROPERTY WITHOUT COMPEMSATION
According to the news reports by Leslie Turk, May 25, 2022 in the Current, the Saint Martin Parish drainage permit nor a US Corps of Engineers permit was not prepared and submitted as part of the project.
“Three days later, on Feb. 21, before obtaining permits from either St. Martin Parish or the U.S. Corps of Engineers, LCG quietly purchased an undivided interest in a 41-acre tract from both the Guilliot family and Blanchet Land Company for $42,000 each (leaving a third owner out of the transaction).
We note that Louisiana statues require that all owners participate in taking of lands for public purposes. This is a fundamental right conserved in the US Constitution that was ignored by Josh Guillory Administration.
= PUBLIC RECORDS REQUEST
On the face of it, there is a disconnect from the federal finding agency’s National Environmental Protection Act requirements and fulfilling those requirements by the Guillory Administration.
The DPEC is making public records related to permit preparation, if any, as part of the media release.
We are requesting electronic and digital paper correspondence to and from the funding agency related to environmental review process of the National Environmental Protection Act (NEPA). We are also requesting studies or document prepared as part of that correspondence.
If a fee is required for the records, please consult the Lafayette Parish DPEC before undertaking document preparation; but note that these records are for public review, which traditionally does not charge for such request.The records received will be posted on this website.
In particular, we are very interested if a Section 404 Wetland permit, FEMA Conditional Letter of Map Revision, Louisiana Department of Environmental Quality Water Quality Permit, and a Saint Martin Parish Drainage permit were prepared for the project.
The DPEC notes that we are also making a public records request that the Lafayette Parish or the Lafayette City Council authorized expenditure of funds for the Spoil Bank Project. In particular we requesting the ordinance listing the Spoil Bank Project.