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MVN-2010-00509-CQ

Published Feb. 4, 2019
Expiration date: 2/23/2019

NAME OF APPLICANT:  Lafourche Parish Government, c/o Picciola & Associates, Inc., Attn: Joseph Picciola, Post Office Box 687, Cut Off, Louisiana 70345.

LOCATION OF WORK:  Located on an approximate 33.2-acre site, in Sections 8 & 17, Township 14 South, Range 17 East, along and northeast of Choctaw Road, approximately 2.15 miles southwest of its intersection with Louisiana Highway 20, near Choctaw, Louisiana, located in Lafourche Parish, as shown on the enclosed drawings (Latitude 29.8679 N Longitude -90.76198 W). This project is located in the Barataria Basin (East Central Coastal HUC 08090203).

The work described below was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act.  All legal issues concerning the unauthorized work have been deferred.

CHARACTER OF WORK:  The applicant is requesting an after-the-fact Department of the Army permit authorization to clear, grade, excavate, place and maintain fill material for the construction of an earthen levee and borrow canal, near Choctaw, Louisiana, within Lafourche Parish.  The applicant had previously constructed an approximate 5,162-linear foot levee and 5,060 linear borrow canal prior to obtaining a Department of the Army permit totaling approximately 9.7 acres of direct impacts to tidally influenced jurisdictional swamp wetland habitat and approximately 19.9 acres of indirect impacts from preventing hydrologic connectivity to tidally influenced wetland habitat due to the unauthorized levee construction.  The applicant is proposing to degrade and fill approximately 6.9 acres of unauthorized levee and associated borrow canal and to replant the site with native swamp species.  The applicant is proposing approximately 22.0 acres of project restoration to areas that were either indirectly impacted (15.1 acres of hydrological isolated wetland habitat) or directly impacted from levee and borrow canal construction (6.9 acres of jurisdictional swamp).  The applicant is proposing that approximately 1.4 acres of levee to remain in place and that a new 0.3-acre levee be constructed perpendicular to the remaining section and terminating at Choctaw Road.  To maintain flood protection south of the new levee’s intersection with the road, the applicant is proposing to raise a 3,400-linear foot section of Choctaw Road to +3.50 foot elevation.  Approximately 18,550 cubic yards of native material was excavated as a result of the unauthorized borrow canal construction and placed as fill during levee construction.  Approximately 12,900 cubic yards of native fill material was hauled in and placed as fill in jurisdictional areas.  Approximately 1,200 cubic yards of native material would be hauled onsite as placed as fill for the proposed, approximate 260-foot new section of levee.  Approximately 9.0 acres of jurisdictional wetlands would be impacted as a result of project implementation including the proposed remaining portions of the levee and borrow canal that were constructed prior to the applicant obtaining a Department of the Army permit.  The applicant has claimed that the project has been designed to avoid and minimize direct and secondary adverse wetland impacts to the maximum extent practicable.  The applicant is proposing to utilize best management practices during and after the construction phase of the project.  The applicant is proposing to compensate for the unavoidable impacts by submitting a Permittee Responsible Mitigation Plan (PRMP).  The applicant is still in development of a PRMP and will submit for review.

The applicant may be required to fully or partially restore the project site to pre-project conditions, if issuance of a permit is determined to be contrary to the overall public interest.