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How to send comments. Comments can be mailed to the address appearing in the Public Notice or emailed to the Project Manager identified on the Public Notice. Comments made in reference to a Public Notice should include your name, address, and phone number as well as the permit application number identified on the Public Notice. 

Individuals or parties may request an extension of time in which to comment on the proposed work by writing to the project manager or clicking on the project manager’s name on the public notice grid on the web page.  Any request must be specific and substantively supportive of the requested extension, and received by this office prior to the end of the initial comment period.  The Branch Chief will review the request and the requestor will be promptly notified of the decision to grant or deny the request.  If granted, the time extension will be continuous to the initial comment period and, inclusive of the initial comment period, will not exceed a total of 30 calendar days.

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Appeals of Jurisdictional Determinations and Proffered or Denied Permits. To view a table of administrative appeals within the Mississippi Valley Division, click here.

MVN-2018-1512-WB

Published Sept. 2, 2019
Expiration date: 9/22/2019
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NAME OF APPLICANT:  Atchafalaya River Estates, LLC, c/o Kee Environmental Services, LLC, Post Office Box 322, Houma, Louisiana  70361.

LOCATION OF WORK: Located in St. Mary Parish, Section 7 and 28, Township 15 South, Range 12 East, off of Fairview Drive in Berwick, Louisiana. (Lat. 29.723311, Long.-91.231833), as shown on the attached drawings. Located within Hydrologic Unit 08080101, Atchafalaya Basin.

          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 since been deferred.

CHARACTER OF WORK: 

Note:  An original Department of the Army (DA) permit (MVN-2008-03277-WW) was issued to Dreamscape Developers, LLC on June 15, 2009, and extended on September 5, 2014 and April 5, 2018, for a residential development which included this parcel of land within the permitted site.  This portion of the project area was sold to Atchafalaya River Estates, LLC (ARE) who initiated construction of their residential venture within the approximate center of the overall development site.  The work initiated by ARE deviated and exceeded the scope of the permitted activity authorized to Dreamscape Developers, LLC, consisting of unauthorized drainage laterals to the Lower Atchafalaya River and mechanized clearing of previously avoided upland forested areas along the river.  Since an official transfer of this portion of the original DA permit was never completed, ARE is thereby obligated to acquire a DA permit for their  residential development.  Additionally, processing of the original permit to Dreamscape Developers, LLC was not located within the Louisiana Coastal Zone, however, the subject area is now situated within the (2012’ revised) LA Coastal Zone boundary.

PROPOSED WORK:  After-the-fact permit application to clear, grade, excavate and deposit fill for constructing a 25.5 acre single family residential development with 37 lots, underground utilities, paved streets, subsurface drainage and right of ways, and three drainage laterals to the Lower Atchafalaya River, for the purpose of supplying necessary housing to citizens in the Berwick area.  Of the three proposed drainage laterals, the northern lateral will be obstructed with pile timbers to prevent water bound vessel access, and the lower two laterals will be unrestricted and open to the river, as shown within the attached drawings.  Approximately 3.035 acres of jurisdictional bottomland hardwoods and 1.266 acres of other waters will be impacted through project construction.  Should a Department of the Army permit be warranted, the applicant has proposed to mitigate any unavoidable wetlands impacts at an approved and acceptable mitigation bank within the New Orleans District.

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


Related Story: Public Notice and Drawings