From: Patrick Courreges
Sent: Wednesday, December 15, 2010 3:13 PM
To: Patrick Courreges
Subject: Coastit Notes from the Department of Natural Resources
December 15, 2010
Greetings from Department of Natural Resources Assistant Secretary Lou Buatt. Coastit Notes is a publication of the Office of Coastal Management to inform permit applicants, the public and others of events and items that may impact them or their interaction with our office. This e-document is intended to improve customer service and awareness of OCM works and functions and includes announcements from all OCM divisions as issues arise. If you wish to be removed from this list or have been forwarded this email and wish to be added to the list, please contact Christine Charrier at firstname.lastname@example.org.
Permit Section Updates
Ø OCM is responsible for ensuring that proposed projects in the LA coastal zone have included an assessment of how the proposed project may affect, and may be affected by, coastal hazards and drainage. Primary coastal hazards include hurricane impacts (storm surge, wind damage, damage from debris, damage as debris, etc.) and flooding. Accordingly, this is the reason OCM has been requesting certification that the project features are built to state and local wind forces standards and that structures are built above FEMA base flood elevations applicable to the type of project. For projects involving the deposition of a significant amount of fill material, a drainage study is required in order to determine pre-project drainage patterns and assess the effect the project may have on existing drainage patterns (i.e. to determine flood risk to neighboring properties that may be caused by the project and risk to the project property itself).
As always, OCM encourages the use of pre-application meetings, at which both the need for and level of detail required in the coastal hazard and drainage studies can be discussed.
Ø The Office of Coastal Management has updated the online Coastal Use Permit Application and the fillable PDF (for paper submission) with the latest version of the information request for compliance with spill and release requirements.
The updates were in response to comments and questions received by the Office of Coastal Management about the forms. Below are our responses to the questions and comments submitted in an attempt to clarify our position with respect to this requirement.
Q. What does “bind that legal entity” mean?
A: For this certificate, OCM is seeking the certification of the applicant whomever the applicant is. In many cases the applicant is a corporation, LLC or some other entity. Since a legal person such as a corporation or LLC cannot physically sign a certificate, the entity must have people who can do this on its behalf. What OCM requires is the signature on the certificate by some person that the applicant has authorized to act on its behalf. The use of the word entity was chosen to include Corporations, LLC’s LLP’s and any other form of juridical person, organization, or even natural persons that may apply for a permit with our office. The choice of the word ‘bind” was an attempt to use plain English to express the requirement by OCM that we expect that the applicant whether it be XYZ corporation or John Q. Applicant, will supply a person to execute the certificate that possesses the requisite authority to act on behalf of the applicant irrespective of the form of organization that comprises the entity, as if the entity signed the document itself.
Q. What does OCM expect with respect to the requirement that a “…Complete list…” be provided?
A: All OCM expects is the list that the applicant reasonably believes is complete.
Q. Isn’t OCM charged with management of the Coastal Zone Management Act, not Spill Prevention or Health and Safety? Why is OCM requesting this information rather than LDEQ, OC, State Police, DHH, etc…?
A: DNR/OCM is charged with the responsibility of managing and protecting coastal resources through implementation of Louisiana’s Coastal Zone Management Program. We are not asking for the information to regulate the matters that are regulated by the other agencies, but merely requesting that applicants demonstrate that they are in compliance with the relevant agency requirements and regulations related to the protection of coastal resources, and therefore also in compliance with OCM’s Coastal Use Guidelines [LB1] [LB1]Our program and its protections rely upon the fact that other agencies’ regulations are in place. This affirmation by the applicant will serve to expedite our process of reviewing the plans of applicants that involve risks that require regulation by multiple agencies to be permitted, preventing delays by permit review staff from analyzing each program and verifying with each program that the proposed activity adequately satisfies that agency’s concerns.
Q. Since the person signing might not be aware of every applicable requirement, why can’t the certificate be limited to the knowledge of the person signing?
A: This language was selected to provide a plain English wording to ensure that when applicants apply to our office to perform work that contains a significant risk to health and the environment that they have taken the required preparatory steps. It allows our office to demonstrate that we have asked whether appropriate safety measures were considered before a permit was granted. We are not looking for the individual knowledge of the human person executing the certificate, rather we are interested in the certificate of the applicant, whomever or whatever that entity may be, that it (the applicant) is taking all of the required steps to conduct the proposed activity safely; and that should an accident occur, the applicant has in place the required contingency plan(s). The requirements and the authority to request this information are not new, in the past ad hoc requests may have been made by permit analysts during the permitting process. OCM has formalized, streamlined and frontloaded these efforts with this uniform process so all applicants know what is expected and all are treated equally.
Your comments are always welcome and will be considered in our continual review and revision process for our office.
COASTAL ZONE BOUNDRY STUDY UPDATE
The Office of Coastal Management has completed minor revisions to its report on the inland boundary of the coastal zone, “Defining Louisiana’s Coastal Zone: A Science-based Evaluation of the Louisiana Coastal Zone Inland Boundary,” which was presented to the Coastal Protection and Restoration Authority at the August 18th meeting. Since that time OCM has accepted comment from the Authority, attendees at numerous education and outreach meetings, and other sources. Following evaluation and consideration of these comments, the document has been updated and is now ready to be submitted to the CPRA for its final acceptance at an upcoming meeting. The updated report is also now available at the Coastal Zone Boundary page of the DNR/OCM website. In addition to the full report, an executive summary, 24 X 36 in scalable map in PDF format, and summary power point presentation are also posted on the web site. For further information you can also contact Terry Howey at OCM, 225.342.5007 or e-mail Terryhowey@la.gov .
Coastit Notes is a publication of the Office of Coastal Management to inform permit applicants, the public and others of events and items that may impact them or their interaction with our office. This e-document is intended to improve customer service and awareness of OCM works and functions and includes announcements from all OCM divisions as issues arise. If you wish to be removed from this list or have been forwarded this email and wish to be added to the list, please contact Christine Charrier at OCMinfo@la.gov.
This email communication may contain confidential information which also may be legally privileged and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies.