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Coastal Management Division Overview

Coastal Management Division Overview. October 2006. Legislative Authority for Louisiana Coastal Resources Program. Louisiana State and Local Coastal Resources Management Act of 1978, as amended (La. R.S. 49:214.21 et seq.)

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Coastal Management Division Overview

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  1. Coastal Management Division Overview October 2006

  2. Legislative Authority for Louisiana Coastal Resources Program • Louisiana State and Local Coastal Resources Management Act of 1978, as amended (La. R.S. 49:214.21 et seq.) • Federal approval of the Louisiana Coastal Resources Program granted by the U.S. Dept. of Commerce in October 1980 • (Coastal Zone Management Act Of 1972 • as amended through P.L. 104-150, The Coastal Zone Protection Act of 1996)

  3. Mission of the Louisiana Coastal Resources Program • Protect, develop, restore and enhance coastal area • Support and encourage multiple use of coastal resources consistent with maintenance and enhancement of renewable resources • Employ procedures and practices that resolve conflicts among competing uses

  4. The Louisiana Coastal Zone

  5. Coastal Use Permit Program What we regulate • Activities that have a “direct and significant impact on coastal waters” • Any earthwork (dredging, filling, bulldozing, etc.) • Discharges • USE OF WHEELED OR TRACKED VEHICLES IN WETLANDS

  6. Coastal Use Permit Program • 1,800 to 2,000 applications reviewed annually • About 60% of applications are O&G activities; rest include marinas, subdivisions, roadways, commercial development, camps, etc. • No Net Development-Related Loss of Wetlands

  7. Coastal Use Permit Program (Authorizations) Exemptions (statutory) No Direct and Significant Impacts (determined by Secretary) General Permits Coastal Use Permits

  8. Emergency Authorizations (imminent threat to life, property or environment) • We WANT you to get your lines back in service • Upside of EAs • Start work immediately – strongly recommend coordination and approval first if possible • Downside • Can only do that work immediately necessary to correct the emergency • Assuming an unknown liability on behalf of your company • Damages to wetlands or other coastal resources will have to be mitigated • Work may have to be removed or modified

  9. Exempted Activities (La. R.S. 49:214.34) • >5’ MSL • “Fastlands” • NOT absolute – Secretary may still find that a specific activity should be regulated

  10. General Permits (La. R.S. 49:214.30.E) • Authorize similar types of activities that occur frequently and have minor impact • Generated in collaboration with impacted user group • Expedited review - in some instances can receive same-day approval • Currently 18

  11. General Permit 6 • Installation, maintenance, removal and repair of up to 10,000 feet of pipeline/flowline (12” I.D. max) • Determination of mitigation typically deferred for one growing season • MUST submit complete application – including landowner/oyster leasee notifications • Approval typically within 2 weeks or less • Authorization for one mob/demob, but valid for 2 years

  12. General Permit 19 • Minor O&G activities (<0.5 acres) • Includes staging areas, small work areas, pipeline support structures, etc. • Mitigation must be resolved prior to issuance

  13. Major New Construction • Will likely require an “individual Coastal Use Permit” • Minimum of 47 days to issue • All impacted landowners and oyster lease owners must be notified at time of application • Mitigation needs must be addressed before permit issuance • Initiation within 2 years, completion w/in 5 years

  14. Area Maintenance Permit • Allows for interagency/public review of future maintenance of entire line • Don’t have to notify all landowners up-front • Pre-identifies areas of special concern • Subsequent approval of specific work items typically within 5 days • Mitigation assessed as work needed • Must commence within 2 years, but can continue for 5 years

  15. Mitigation • Required by law – “compensatory mitigation, at a level sufficient to replace or to substitute for the ecological value of the wetlands lost as a result of each permitted activity, shall be required” • Typically the most time consuming part of permit processing • Applicant’s responsibility • Options include buying credits from appropriate commercial bank, building habitat, improving habitat, contribution to mitigation fund

  16. Permit Streamlining Initiative • Stakeholder frustration with Coastal Use Permit process reached high level in 2001 • DNR desire to better assist and educate applicants on how to submit complete applications • DNR desire to use technology to achieve better, faster and more consistent permit reviews

  17. Emphasis on Streamlining • Reduce “non-value added” permitting delays • Improve customer service • Enhance interagency coordination • Improve application of technology • WITHOUT ADVERSELY IMPACTNG OUR RESOURCE STEWARDSHIP RESPONISIBILITIES

  18. Streamlining Initiative Search for Solutions • Professional Facilitator and Business Consultant Services • Sought stakeholder concerns and recommendations • Involved O&G entities, local governments, landowners, developers, permit agents, levee districts, ports, conservation community, and state and federal agencies • Analyzed permit process to identify major points of delay

  19. Stakeholders said to concentrate on 9 key areas: • Skills Development (employee training) • Escalation Procedures • Field Investigation Standards • Process Improvement • Outreach • Technology/Automation • Document Engineering • Mitigation • Interagency Agreements

  20. Web-based Permit Process • Began testing in May 2005 • Became effective November 1, 2005 • Allows web-based application submittal, fee payment • Improves online tracking of permit status for applicants • Makes permit documents available online • Automates routine tasks (generate letters, emails, track deadlines and performance metrics) • Currently about 84% of all oil and gas applications are submitted electronically

  21. New DNR/DWF MOU • Provides for more timely DWF comments • Coordination streamlined through DNR funded “Permits Coordinator” position in LDWF • Standard permit conditions for some projects (e.g., in “unproductive” public oyster areas and on oyster leases) that eliminate need for LDWF review • DWF review not needed for mitigation plans for most projects impacting < 5 acres • NOTE:If project is on an LDWF wildlife management area or wildlife refuge, the project must be preapproved by LDWF before submittal of application

  22. Increased Outreach • Hosted permitting seminars (“green development”, successful mitigation techniques, best management practices for marsh buggy use, etc.) • Held training sessions (completing an application, applicant submitted field investigations, using the electronic permit system, etc.) • Coastitnotes • Improved website

  23. http://dnr.louisiana.gov/crm/coastmgt/cup/cup.asp

  24. http://dnr.louisiana.gov/crm/coastmgt/cup/cup.asp

  25. Preliminary Streamlining Results Processing time for all permits reduced by 55% (59.9 days to 26.8 days) between 2002 and 2005.

  26. Future Actions Planned

  27. Continued Refinement of Electronic System • Incorporate other CMD roles (field investigations, mitigation) • Post-issuance capabilities (revisions, transfers)

  28. New DEQ/DNR MOA

  29. Improve Availability of Mitigation • Revise current mitigation rules • - address permitting delays caused by applicant/landowner coordination • - update costs for contributions to Wetlands Trust Fund (legislatively mandated) – may approach or exceed $30K/acre • Reconcile conflicting agency policies

  30. Examples of Estimated Costs to Mitigate 1 Acre of “Average” Quality Wetland Habitat Fresh/Inter. Marsh Brackish Marsh Saline Marsh • Current - $4,771 Current - $5,304 Current - $5,967 • Proposed - $30,212 Proposed - $28,093 Proposed - $28,587 Swamp Bottomland Hardwood • Current - $9,198 Current - $1,040 • Proposed - $15,958 Proposed - $12,838

  31. Questions? 1-800-267-4019 1-225-342-7591 HTTP://WWW.DNR.STATE.LA.US

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