NAME OF APPLICANT: John Henry, 32899 Cypress Drive, Springfield, LA 70462
LOCATION OF WORK: On the Tickfaw River, Section 11, T8S-R6E, on Henry Road in Killian, Louisiana, in Livingston Parish, within the Pontchartrain Basin in hydrologic unit (HUC 08070203), as shown on the attached drawings (Latitude 30.372896 N, Longitude -90.566914 W).
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: The work described herein to develop the residential subdivision was partially completed under previous authorizations issued as LMNOD SE Tickfaw River 138A on May 2, 1994, and modified on August 19, 1994. The applicant has requested Department of the Army authorization to clear, grade, excavate and deposit fill and/or aggregate material to complete the development of Lots 47, 49, 50, and 51, to include bulkheads with backfill, driveways, homesites, and a dock. Additionally, unauthorized modifications to the permitted subdivision have occurred which include the construction of an 80-foot bulkhead and a 490 SF dock on Lot 50, a 340 SF boat slip on Lot 47, and the adjustment of the roadway from a three-foot wide, 1,700-foot long paved road with cul-de-sac to a two-foot wide, 1,500-foot long paved road with a circle drive terminus. Approximately 10,300 cubic yards of fill material would be deposited to complete the development. The previous permit authorized impacts to approx. 4.3 acres of jurisdictional wetlands. The proposed modification would impact an additional approx. 0.05 acre of traditionally navigable waterways.
It is presumed that the applicant has designed the project to avoid and minimize direct and secondary adverse impacts to the maximum extent practicable. The applicant is proposing to utilize best management practices during and after the construction phase of the project and that the project will receive approval from all appropriate drainage and sewage agencies. Compensatory mitigation requirements for the impacts to jurisdictional wetlands have been met under the previous authorization. No additional compensatory mitigation will be required for the completion of the project.
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.