La. Admin. Code tit. 33 § IX-3309

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-3309 - Conditions Requested by the Corps of Engineers and Other Government Agencies

A. If during the comment period for an LPDES draft permit, the district engineer advises the state administrative authority in writing that anchorage and navigation of any of the waters of the United States (see 40 CFR 122.2 ) would be substantially impaired by the granting of a permit, the permit shall be denied and the applicant so notified. If the District Engineer advised the state administrative authority that imposing specified conditions upon the permit is necessary to avoid any substantial impairment of anchorage or navigation, then the state administrative authority shall include the specified conditions in the permit. Review or appeal of denial of a permit or of conditions specified by the District Engineer shall be made through the applicable procedures of the Corps of Engineers, and may not be made through the procedures provided in this LAC 33:IX.Chapters 31-35. If the conditions are stayed by a court of competent jurisdiction or by applicable procedures of the Corps of Engineers, those conditions shall be considered stayed in the LPDES permit for the duration of that stay.

B. If during the comment period the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or any other state or federal agency with jurisdiction over fish, wildlife, or public health advises the state administrative authority in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the state administrative authority may include the specified conditions in the permit to the extent they are determined necessary to carry out the provisions of 40 CFR 122.49 and of the CWA and the LEQA.

C. In appropriate cases the state administrative authority may consult with one or more of the agencies referred to in this Section before issuing a draft permit and may reflect their views in the statement of basis, the fact sheet, or the draft permit.

La. Admin. Code tit. 33, § IX-3309

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), repromulgated by the Office of Environmental Assessment, Environmental Planning Division, LR 30:231 (February 2004).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)