| LAWS, REGULATIONS, AND POLICIES |
As stated previously, every recommendation for permit acceptance issued by the Water Resources Permit Advisory Unit is associated with a basic knowledge of appurtenant laws, regulations, and policies. Coordinative efforts are linked between all of the regulatory and reporting agencies of the permitting network, due to the following laws, regulations, and policies specified below.
this Act influences many aspects of governmental concern and specifically addresses the discharge of fill material into wetlands and navigable waterways. Of particular interest to those involved in the permit process is the Section 404 (b) (1) Guidelines (published at 40 CFR Part 30) as developed by the Environmental Protection Agency. These guidelines require the Corps of Engineers to conduct a 'practical alternatives' analysis prior to granting a permit. Insofar as an alternative location for a proposed project may be preferred over any form of mitigation measures, these guidelines serve to coordinate the regulatory functions of the Corps of Engineers with the Environmental Protection Agency's responsibility and authority under the Clean Water Act. Permit issuance is regulated by the various Corps of Engineers' districts.
generally addresses the intent for work or the placement of structures in navigable waterways and in wetlands contiguous to navigable waterways. Regulated by the various Corps of Engineers districts.
addresses the legal issues to the Public concerning any destruction, defacement, or impairment of use to any levees, dikes, or other flood control or navigational works built by the United States Government. This act also refers to the United States' easement rights, oil and gas exploration activities, and seismic surveys in the vicinity of levees.
addresses coordination of the respective Corps of Engineers' regulatory permit services with individual States' Water Quality Certifications issued by the individual States' associated offices. Before a Section 404 permit can be approved by the Corps of Engineers for a particular project in any State, the permit applicant must first obtain a Water Quality Certification Certificate issued by the relevant State office. In addition, under Section 404 (c) the Environmental Protection Agency is granted the authority to veto those permits that prompt an adverse impact on municipal water supplies, wildlife, recreational areas, shell fish beds, and fishery areas.
requires that certain activities conducted or supported in Federal enclaves, and that directly affect the coastal zone, be consistent with the Federally approved state management plan to the maximum extent possible. Projects proposed to occur within "Federal" reserves are required to obtain a "Coastal Zone Consistency Determination" from the Louisiana Department of Natural Resources - Coastal Management Division. The Water Resources Permit Advisory Unit coordinates the proposed project's approval with the Coastal Management via our Letters of No Objection.
specifies that permits may be subject to a requirement for environmental assessments and environmental impact studies. The above referenced Federal Legislation represents a sample of the Federal Laws regulating Wetlands Protection and Flood plain Management, and does not attempt to reflect all the additional Acts, Executive Orders, Regulations, and Policies associated with Federal permit regulation.
generally and specifically addresses work or structures in the vicinity of levee systems under the jurisdiction of state-wide Levee Board Commissions. The Water Resources Permit Advisory Unit serves in an engineering advisory capacity in accordance with R.S. 38:2(A) through R.S. 38:6 in order to assist the Levee Boards in their regulatory permit functions.
acknowledges the Public's "right" to reclaim eroded lands at waterway bank lines and to construct bulkheading to prevent erosion. Additionally, establishes a regulatory permits and lease program within the State Land Office for encroachments on state water bottoms.
addresses the granting of pipeline rights-of-way to corporations or individuals by the State Land Office. Rules and regulations developed by the State Land Office, and promulgated by the above referenced revised statutes, specifically state that no pipeline right-of-way will be granted without the State Land Office's receipt of a "letter of clearance" from this department. The letter that is referenced as a "letter of clearance" in the State Land Office's rules and regulations is, and has always been, the Water Resources Permit Advisory Unit's Letter of No Objection.
specifically addresses the "licensing" of contractors who drill water wells, monitor wells, soil borings, seismic holes, and heat pump wells in the State of Louisiana. The Water Resources Permit Advisory Unit assists the department office charged with the issuance of Louisiana driller's licenses (Water Resources Section), by advising the permit applicant via the Water Resources Permit Advisory Unit's Letter of No Objection that appurtenant drilling activities proposed by them must be performed only by a driller "legally" licensed to drill in the State of Louisiana.
addresses the preservation and protection of specified streams and waterways designated as "Scenic". Permit applications for work proposed in the vicinity of "Scenic" waterways must first be approved by the Louisiana Wildlife and Fisheries - Administrator of Scenic Rivers, Streams, and Bayous before beginning operations. The Water Resources Permit Advisory Unit coordinates the project's approval with Louisiana Wildlife and Fisheries via our Letter of No Objection, for work proposed in the vicinity of scenic waterways.
addresses the proposed discharge of industrial wastes, sewage, septic tanks effluent, or any noxious or harmful matter, whether it is solid, liquid, or gas, into the side or cross ditches of State of Louisiana Highway Right-of-Ways. Consent from both the Department of Health and Human Resources and the Department of Transportation and Development's Highway Right-of-Ways Permit Section is required for such a project's approval. The Water Resources Permit Advisory Unit provides this department's Highway Right-of-Way Permit Section a copy of our Letters of No Objection for projects that may adversely impact highway right-of-way, and to inform the appurtenant applicants that our approval is subject to their acquisition of approval from this department's Highway Right-of-Way and Utilities Permits Section. Coordination for related projects is maintained between the Water Resources Permit Advisory Unit and the department's Highway Right-of Way and Utilities Permit Section at the special request of the Highway Right-of-Ways Permit Section.
addresses the requirement for control devices on water wells subject to "free-flow" conditions. The Water Resources Permit Advisory Unit requires that any well located in proximity to a levee system be constructed with such a control device if the well is subject to free-flowing conditions.
addresses a regulatory program concerning proposed or existing water restriction devices or impoundment structures that incorporate levees of specified heights or impound specified volumes of water (measured in acre feet). This Office assists this department's Dam Safety Engineer with maintenance of the Dam Safety Program by soliciting his review of projects suspected of qualifying under the Dam Safety Program, as well as to inform the applicant via our Letter of No Objection that our approval is subject to their first obtaining approval from our department's Dam Safety Program.
specific rules and regulations promulgated initially under the mandates of Act 535 in order to assure the proper abandonment of wells and boreholes, as well as to assure the construction of wells in an appropriate manner to protect the state's valuable potable water aquifers. Presently, no water wells are required to be permitted in the State of Louisiana -- except when located in sufficient proximity to a Levee District's levee system. The Water Resources Permit Advisory Unit advises the appropriate Levee Board (coordinated with the D.O.T.D.-Water Resources Section) in matters regarding well placement, soil borings, vertical cathodic protection systems, and seismic holes when in the vicinity of levee systems.
The Water Resources Permit Advisory Unit has implemented and adopted policies in the past concerning those projects or activities that fall within the gray realm of established laws or regulations. Technology is continually making such rapid advances in engineering methods and related equipment, that this Office must not only make a concerted effort to comprehend new methods or equipment to be used in a proposed project; but also to determine which recommended permit "provisions" should be applied and prove to be equitable to all involved. We try real hard to avoid writing Letters of Objection, but sometimes we just cannot get around it. We make every effort to assist the permit applicant, or his/her agent, in the obtainment of any required permit(s) -- but we do not try to assume the responsibility of any consulting engineer that the permit applicant may have retained for their project. We will generally offer a Letter of No Objection to a project that we may in fact find objectionable, but we indicate in our letter to the regulatory authority(s) that our lack of objection is contingent upon the applicant amending to our satisfaction, those aspects of their project that we find objectionable. Referenced below are some general policies adopted by this Office in relation to various work and structures:
The Water Resources Permit Advisory Unit adheres to, and specifies as permit "provisions", the previous recommendations of the old Atchafalaya Basin Commission for certain activities proposed to occur within the floodway of the Atchafalaya Basin. In general, spoil bank elevations are restricted in height in accordance with a formula developed by this Office. Spoil banks must also incorporate gaps of specified measurement along the length of the spoil bank.
Any proposed work or structures proposed to occur within a specified area in the vicinity of the Mississippi River; and that involves drilling, pile or pole installation, or excavation -- will be restricted in operations when the Mississippi River stage is at or above +11.0 feet N.G.V.D. at the Carrollton Gage at New Orleans, Louisiana (+15.0 feet with approval from the Corps of Engineers).
Dredged spoil is required to be spread in open water areas, streams, bayous, lakes and bays in such a manner so as not to decrease the water depth by more than 6 inches. A notable exception occurs when dredged spoil is stacked in specified areas within the coastal area at the request of, and as designated by, the Louisiana Department of Natural Resources - Coastal Management Division.
In the Gulf of Mexico and at a depth located below the -20 foot contour, pipelines or cables are not required to be buried beneath the water bottom (unless within a Fairway or Anchorage area). Generally, in oil fields located in coastal marshes, the submarine installation of pipelines and cables at waterways and oil field canals must be buried a minimum depth of (3) three feet. In the western portion of the coastal marshes, the minimum burial depth recommended for crossings is (5) five feet beneath the water bottom. Submarine pipeline or cable installations crossing specific navigable waterways vary in the recommended burial depths as prescribed by this Office.
No deep well may be constructed within 250 feet of a levee toe. State Law does not specify either the riverside or the landside toe, so this Office presumes the intent of the Law to mean either toe, period. Additionally, no specific depth is cited in the Law relative to "deep" wells in proximity to levees. Since "deep" is a relative term, this Office determines what depth represents a deep well on a case-by-case basis, dependent on the well's location in relation to the levee, its geographical location, and local geohydrology. Specific policies relative to well placement vary and are dependent on the type of well desired; the method of well construction; placement of the well at the landside or riverside of the levee; and the intended use of the well.
Marine facilities requiring the mooring of barges must provide assurances and a reasonable facility design to show that the facility's moored barges will be restrained in sufficient fashion to alleviate any chance for damages to any existing batture tree screen or area revetment, or to encroach within 100 feet of any levee toe, under all river conditions.
We defer to the Corps of Engineers' guidelines for directionally-drilling crossings for waterways and for waterways with adjacent levee systems. response from this Office. Our levee policy regarding drilled crossings beneath our levee systems is that the applicant provide significant and sufficient information about the proposed crossing that will assure this Office that the integrity of the adjacent levee system(s) will remain intact; that the annular space of the drilled crossing will be sufficiently sealed; and that the crossing will be deep enough so as not to prove a hazard to navigation, but also shallow enough so as not to contribute to intermixing between area aquifers.