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PROPOSED TIME EXTENSION TO THE GENERAL PERMIT GP-21
FOR THE LOUISIANA DEPARTMENT OF WILDLIFE AND FISHERIES TO CONDUCT ACTIVITIES ON STATE WILDLIFE MANAGEMENT AREAS AND REFUGES WITHIN THE BOUNDARIES OF THE NEW ORLEANS DISTRICT IN LOUSIANA
The General Permit GP-21 (previously known as NOD-21) was originally issued on January 21, 1983, and expires on October 31, 2017. General Permit 21 has proven to be an effective method to authorize certain projects within the New Orleans District in a timely manner without the need for a public notice and its related costs. Evaluating applications under the general permit procedures for projects that qualify because of their minor impacts allows for better use of personnel resources, yet still allows adequate impact review. A copy of the general permit is attached.
Interested parties are requested to review the enclosed time extension of the General Permit for Louisiana Department of Wildlife and Fisheries to conduct activities on state wildlife management areas and refuges within the boundaries of the New Orleans District in Louisiana.
Specific legislation requiring Department of the Army permits for work of this nature are: [X] Section 10 of the Rivers and Harbors Act of March 3, 1899 (30 Stat. 1151: 33 USC 403); and/or [X] Section 404 of the Clean Water Act (86 Stat. 816: 33 USC 1344).
Application has also been made to the Louisiana Department of Environmental Quality, Office of Environmental Services, for a Water Quality Certification (WQC) in accordance with statutory contained in Louisiana Revised Statutes of 1950, Title 30, Chapter 11, Part IV, Section 2074 A(3) and provisions of Section 401 of the Clean Water Act (P.L. 95-217).
JOINT PUBLIC NOTICE
August 21, 2017
United States Army
Corps of Engineers
New Orleans District
Regulatory Branch
7400 Leake Avenue
New Orleans, Louisiana 70118
State of Louisiana
Department of Environmental Quality
ATTN: Water Quality Certifications
Post Office Box 4313
Baton Rouge, Louisiana 70821-4313
(504) 862-2287
Project Manager: Darlene Herman
Permit Application Number: MVN 2010-1016 WB
(General Permit) GP-21
(225) 219-3225
Project Manager: Elizabeth Hill
WQC Application Number: WQC 170727-02
SPECIAL PUBLIC NOTICE
PROPOSED TIME EXTENSION TO THE GENERAL PERMIT GP-21
FOR THE LOUISIANA DEPARTMENT OF WILDLIFE AND FISHERIES TO CONDUCT ACTIVITIES
ON STATE WILDLIFE MANAGEMENT AREAS AND REFUGES WITHIN THE BOUNDARIES OF
THE NEW ORLEANS DISTRICT IN LOUSIANA.
The General Permit GP-21 (previously known as NOD-21) was originally issued on
January 21, 1983, and expires on October 31, 2017. General Permit 21 has proven to be an
effective method to authorize certain projects within the New Orleans District in a timely
manner without the need for a public notice and its related costs. Evaluating applications
under the general permit procedures for projects that qualify because of their minor impacts
allows for better use of personnel resources, yet still allows adequate impact review. A copy of
the general permit is attached.
Interested parties are requested to review the enclosed time extension of the General
Permit for Louisiana Department of Wildlife and Fisheries to conduct activities on state wildlife
management areas and refuges within the boundaries of the New Orleans District in Louisiana.
Specific legislation requiring Department of the Army permits for work of this nature are:
[X] Section 10 of the Rivers and Harbors Act of March 3, 1899 (30 Stat. 1151: 33 USC 403);
and/or [X] Section 404 of the Clean Water Act (86 Stat. 816: 33 USC 1344).
Application has also been made to the Louisiana Department of Environmental Quality,
Office of Environmental Services, for a Water Quality Certification (WQC) in accordance with
statutory contained in Louisiana Revised Statutes of 1950, Title 30, Chapter 11, Part IV,
Section 2074 A(3) and provisions of Section 401 of the Clean Water Act (P.L. 95-217).
-2The comment period for the Department of the Army GP-21 time extension and the
associated Louisiana Department of Environmental Quality WQC will close 20 days from the
date of this joint public notice. Written comments, including suggestions for modifications or
objections to the proposed extension stating reasons thereof, are being solicited from anyone
having interest in this permit and/or this WQC request and must be mailed so as to be received
before or by the last day of the comment period. Letters concerning the Corps of Engineers
permit extension must reference the GP-21 extension and the Permit Application Number, and
be mailed to the Corps of Engineers at the address above, ATTENTION: REGULATORY
BRANCH. Similar letters concerning the Water Quality Certification must reference the GP-21
extension and the WQC Application number and be mailed to the Louisiana Department of
Environmental Quality at the address above.
The GP-21 time extension proposal is on file with the Louisiana Department of
Environmental Quality and may be examined during weekdays between 8:00 a.m. and 5:00
p.m. Copies may be obtained upon payment of costs of reproduction.
Corps of Engineers Permit Criteria
The decision whether to extend the general permit will be based on an evaluation of the
probable impacts, including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of important
resources. The benefit which reasonably may be expected to accrue from the proposal must
be balanced against its reasonably foreseeable detriments. All factors which may be relevant
to the proposal will be considered, including the cumulative factors thereof; among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, historic
properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation,
shoreline erosion and accretion, recreation, water supply and conservation, water quality,
energy needs, safety, food and fiber production, mineral needs, consideration of property
ownership and, in general, the needs and welfare of the people.
The U.S. Army Corps of Engineers is soliciting comments from the public; Federal,
state, and local agencies and officials; Indian Tribes; and other interested parties in order to
consider and evaluate the impacts of this proposed general permit extension. Any comments
received will be considered by the U.S. Army Corps of Engineers to determine whether to
modify or not extend the general permit. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are used in the
preparation of an Environmental Assessment and/or an Environmental Impact Statement
pursuant to the National Environmental Policy Act. Comments are also used to determine the
need for a public hearing and to determine the overall public interest of the proposed GP-21
time extension.
-3The possibility exists that individual proposed activities may damage or destroy
presently unknown archeological, scientific, prehistorical, historical sites, or data. Copies of
this notice are being sent to the State Archeologist and the State Historic Preservation Officer.
Copies of all individually submitted applications will be coordinated with the USACE NHPA,
Sec 106 Compliance Review Archeologist, and further more coordinated with SHPO & THPO.
Standard Local Operating Procedure for Endangered Species in Louisiana (SLOPES),
dated October 22, 2014, between the U.S. Army Corps of Engineers, New Orleans and U.S.
Fish and Wildlife Service, Ecological Services Office will be conducted on all individual
applications as to determine if individual activities would affect any species listed as
endangered by the US Department of Interior or Commerce, or affect any habitat designated
as critical to the survival and recovery of any endangered species.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is
that individual GP-21 activities would not have a substantial adverse impact on EFH or
federally managed fisheries in the Gulf of Mexico.
If the proposed work involves deposits of dredged or fill material into navigable waters,
the evaluation of the probable impacts will include the application of guidelines established by
the Administrator of the Environmental Protection Agency. Also, a certification that the
proposed activity will not violate applicable water quality standards will be required from the
Department of Environmental Quality, Office of Environmental Services before a permit is
issued.
Any person may request, in writing, within the comment period specified in this
notice that a public hearing be held to consider this application. Requests for public
hearings should state, with particularity, the reasons for holding a public hearing.
Archer/x2046
You are requested to communicate the information contained in this notice to any other
parties whom you deem likely to have interest in the matter.
Serio
ODS
Applicants applying under the GP-21 must certify that the proposed work complies with
and will be conducted in a manner that is consistent with the Louisiana Coastal Management
Program.
Martin S. Mayer
Chief, Regulatory Branch
Martin
ODS
Enclosures
ODS