Coastal Management DivisionOverview

Coastal Management DivisionOverview

October 2006October 2006

Legislative Authority for Louisiana Coastal Resources Program

Legislative Authority for Louisiana Coastal Resources Program

• Louisiana State and Local Coastal Resources Management Act of 1978, as amended (La. R.S. 49:214.21 et seq.)

• Federal approval of the Louisiana Coastal Resources Program granted by the U.S. Dept. of Commerce in October 1980

(Coastal Zone Management Act Of 1972as amended through P.L. 104-150, The Coastal Zone Protection Act of 1996)

• Louisiana State and Local Coastal Resources Management Act of 1978, as amended (La. R.S. 49:214.21 et seq.)

• Federal approval of the Louisiana Coastal Resources Program granted by the U.S. Dept. of Commerce in October 1980

(Coastal Zone Management Act Of 1972as amended through P.L. 104-150, The Coastal Zone Protection Act of 1996)

Mission of the Louisiana Coastal Resources Program

Mission of the Louisiana Coastal Resources Program

• Protect, develop, restore and enhance coastal area

• Support and encourage multiple use of coastal resources consistent with maintenance and enhancement of renewable resources

• Employ procedures and practices that resolve conflicts among competing uses

• Protect, develop, restore and enhance coastal area

• Support and encourage multiple use of coastal resources consistent with maintenance and enhancement of renewable resources

• Employ procedures and practices that resolve conflicts among competing uses

The Louisiana Coastal ZoneThe Louisiana Coastal Zone

Coastal Use Permit ProgramWhat we regulate

Coastal Use Permit ProgramWhat we regulate

• Activities that have a “direct and significant impact on coastal waters”

• Any earthwork (dredging, filling, bulldozing, etc.)

• Discharges

• USE OF WHEELED OR TRACKED VEHICLES IN WETLANDS

• Activities that have a “direct and significant impact on coastal waters”

• Any earthwork (dredging, filling, bulldozing, etc.)

• Discharges

• USE OF WHEELED OR TRACKED VEHICLES IN WETLANDS

Coastal Use Permit Program

Coastal Use Permit Program

• 1,800 to 2,000 applications reviewed annually

• About 60% of applications are O&G activities; rest include marinas, subdivisions, roadways, commercial development, camps, etc.

• No Net Development-Related Loss of Wetlands

• 1,800 to 2,000 applications reviewed annually

• About 60% of applications are O&G activities; rest include marinas, subdivisions, roadways, commercial development, camps, etc.

• No Net Development-Related Loss of Wetlands

Coastal UsePermit Program(Authorizations)

Coastal UsePermit Program(Authorizations)

Exemptions (statutory)

No Direct and Significant Impacts (determined by Secretary)

General PermitsCoastal Use Permits

Exemptions (statutory)

No Direct and Significant Impacts (determined by Secretary)

General PermitsCoastal Use Permits

Emergency Authorizations (imminent threat to life, property or environment)

Emergency Authorizations (imminent threat to life, property or environment)

• We WANT you to get your lines back in service

• Upside of EAs

• Start work immediately – strongly recommend Start work immediately – strongly recommend coordination and approval first if possiblecoordination and approval first if possible

• DownsideDownside

• Can only do that work immediately necessary to correct Can only do that work immediately necessary to correct the emergencythe emergency

• Assuming an unknown liability on behalf of your Assuming an unknown liability on behalf of your companycompany

• Damages to wetlands or other coastal resources will Damages to wetlands or other coastal resources will have to be mitigatedhave to be mitigated

• Work may have to be removed or modified Work may have to be removed or modified

Exempted Activities

(La. R.S. 49:214.34)

Exempted Activities

(La. R.S. 49:214.34)

• >5’ MSL

• “Fastlands”

• NOT absolute – Secretary may still find that a specific activity should be regulated

• >5’ MSL

• “Fastlands”

• NOT absolute – Secretary may still find that a specific activity should be regulated

General Permits(La. R.S. 49:214.30.E)

General Permits(La. R.S. 49:214.30.E)

• Authorize similar types of activities that occur frequently and have minor impact

• Generated in collaboration with impacted user group

• Expedited review - in some instances can receive same-day approval

• Currently 18

• Authorize similar types of activities that occur frequently and have minor impact

• Generated in collaboration with impacted user group

• Expedited review - in some instances can receive same-day approval

• Currently 18

• Installation, maintenance, removal and repair of up to 10,000 feet of pipeline/flowline (12” I.D. max)

• Determination of mitigation typically deferred for one growing season

• MUST submit complete application – including landowner/oyster leasee notifications

• Approval typically within 2 weeks or less

• Authorization for one mob/demob, but valid for 2 years

• Installation, maintenance, removal and repair of up to 10,000 feet of pipeline/flowline (12” I.D. max)

• Determination of mitigation typically deferred for one growing season

• MUST submit complete application – including landowner/oyster leasee notifications

• Approval typically within 2 weeks or less

• Authorization for one mob/demob, but valid for 2 years

General Permit 6General Permit 6

• Minor O&G activities (<0.5 acres)

• Includes staging areas, small work areas, pipeline support structures, etc.

• Mitigation must be resolved prior to issuance

• Minor O&G activities (<0.5 acres)

• Includes staging areas, small work areas, pipeline support structures, etc.

• Mitigation must be resolved prior to issuance

General Permit 19General Permit 19

• Will likely require an “individual Coastal Use Permit”

• Minimum of 47 days to issue

• All impacted landowners and oyster lease owners must be notified at time of application

• Mitigation needs must be addressed before permit issuance

• Initiation within 2 years, completion w/in 5 years

• Will likely require an “individual Coastal Use Permit”

• Minimum of 47 days to issue

• All impacted landowners and oyster lease owners must be notified at time of application

• Mitigation needs must be addressed before permit issuance

• Initiation within 2 years, completion w/in 5 years

Major New ConstructionMajor New Construction

Area Maintenance PermitArea Maintenance Permit• Allows for interagency/public review of future maintenance of entire line

• Don’t have to notify all landowners up-front

• Pre-identifies areas of special concern

• Subsequent approval of specific work items typically within 5 days

• Allows for interagency/public review of future maintenance of entire line

• Don’t have to notify all landowners up-front

• Pre-identifies areas of special concern

• Subsequent approval of specific work items typically within 5 days

• Mitigation assessed as work needed

• Must commence within 2 years, but can continue for 5 years

• Mitigation assessed as work needed

• Must commence within 2 years, but can continue for 5 years

• Required by law – “compensatory mitigation, at a level sufficient to replace or to substitute for the ecological value of the wetlands lost as a result of each permitted activity, shall be required”

• Typically the most time consuming part of permit processing

• Applicant’s responsibility

• Options include buying credits from appropriate commercial bank, building habitat, improving habitat, contribution to mitigation fund

• Required by law – “compensatory mitigation, at a level sufficient to replace or to substitute for the ecological value of the wetlands lost as a result of each permitted activity, shall be required”

• Typically the most time consuming part of permit processing

• Applicant’s responsibility

• Options include buying credits from appropriate commercial bank, building habitat, improving habitat, contribution to mitigation fund

MitigationMitigation

Permit Streamlining Initiative

Permit Streamlining Initiative

• Stakeholder frustration with Coastal Use Permit process reached high level in 2001

• DNR desire to better assist and educate applicants on how to submit complete applications

• DNR desire to use technology to achieve better, faster and more consistent permit reviews

• Reduce “non-value added” permitting delays

• Improve customer service

• Enhance interagency coordination

• Improve application of technology

WITHOUT ADVERSELY IMPACTNG OUR RESOURCE STEWARDSHIP RESPONISIBILITIES

• Reduce “non-value added” permitting delays

• Improve customer service

• Enhance interagency coordination

• Improve application of technology

WITHOUT ADVERSELY IMPACTNG OUR RESOURCE STEWARDSHIP RESPONISIBILITIES

Emphasis on StreamliningEmphasis on Streamlining

• Professional Facilitator and Business Consultant Services

• Sought stakeholder concerns and recommendations

• Involved O&G entities, local governments, landowners, developers, permit agents, levee districts, ports, conservation community, and state and federal agencies

• Analyzed permit process to identify major points of delay

• Professional Facilitator and Business Consultant Services

• Sought stakeholder concerns and recommendations

• Involved O&G entities, local governments, landowners, developers, permit agents, levee districts, ports, conservation community, and state and federal agencies

• Analyzed permit process to identify major points of delay

Streamlining InitiativeSearch for Solutions

Streamlining InitiativeSearch for Solutions

Stakeholders said to concentrate on 9 key areas:

• Skills Development (employee training)

• Escalation Procedures

• Field Investigation Standards

• Process Improvement

• Outreach

• Technology/Automation

• Document Engineering

• Mitigation

• Interagency Agreements

Stakeholders said to concentrate on 9 key areas:

• Skills Development (employee training)

• Escalation Procedures

• Field Investigation Standards

• Process Improvement

• Outreach

• Technology/Automation

• Document Engineering

• Mitigation

• Interagency Agreements

• Began testing in May 2005

• Became effective November 1, 2005

• Allows web-based application submittal, fee payment

• Improves online tracking of permit status for applicants

• Makes permit documents available online

• Automates routine tasks (generate letters, emails, track deadlines and performance metrics)

• Currently about 84% of all oil and gas applications are submitted electronically

• Began testing in May 2005

• Became effective November 1, 2005

• Allows web-based application submittal, fee payment

• Improves online tracking of permit status for applicants

• Makes permit documents available online

• Automates routine tasks (generate letters, emails, track deadlines and performance metrics)

• Currently about 84% of all oil and gas applications are submitted electronically

Web-based Permit ProcessWeb-based Permit Process

New DNR/DWF MOUNew DNR/DWF MOU

• Provides for more timely DWF commentsProvides for more timely DWF comments

• Coordination streamlined through DNR funded Coordination streamlined through DNR funded “Permits Coordinator” position in LDWF“Permits Coordinator” position in LDWF

• Standard permit conditions for some projects (e.g., in Standard permit conditions for some projects (e.g., in “unproductive” public oyster areas and on oyster “unproductive” public oyster areas and on oyster leases) that eliminate need for LDWF reviewleases) that eliminate need for LDWF review

• DWF review not needed for mitigation plans for most DWF review not needed for mitigation plans for most projects impacting < 5 acresprojects impacting < 5 acres

• NOTE: If project is on an LDWF wildlife management If project is on an LDWF wildlife management area or wildlife refuge, the project must be area or wildlife refuge, the project must be preapproved by LDWF before submittal of applicationpreapproved by LDWF before submittal of application

• Provides for more timely DWF commentsProvides for more timely DWF comments

• Coordination streamlined through DNR funded Coordination streamlined through DNR funded “Permits Coordinator” position in LDWF“Permits Coordinator” position in LDWF

• Standard permit conditions for some projects (e.g., in Standard permit conditions for some projects (e.g., in “unproductive” public oyster areas and on oyster “unproductive” public oyster areas and on oyster leases) that eliminate need for LDWF reviewleases) that eliminate need for LDWF review

• DWF review not needed for mitigation plans for most DWF review not needed for mitigation plans for most projects impacting < 5 acresprojects impacting < 5 acres

• NOTE: If project is on an LDWF wildlife management If project is on an LDWF wildlife management area or wildlife refuge, the project must be area or wildlife refuge, the project must be preapproved by LDWF before submittal of applicationpreapproved by LDWF before submittal of application

IncreasedOutreachIncreasedOutreach

• Hosted permitting seminars (“green development”, successful mitigation techniques, best management practices for marsh buggy use, etc.)

• Held training sessions (completing an application, applicant submitted field investigations, using the electronic permit system, etc.)

• Coastitnotes

• Improved website

• Hosted permitting seminars (“green development”, successful mitigation techniques, best management practices for marsh buggy use, etc.)

• Held training sessions (completing an application, applicant submitted field investigations, using the electronic permit system, etc.)

• Coastitnotes

• Improved website

http://dnr.louisiana.gov/crm/coastmgt/cup/cup.asp

http://dnr.louisiana.gov/crm/coastmgt/cup/cup.asp

Preliminary Streamlining ResultsPreliminary Streamlining Results

YEARLY AVERAGE REVIEW TIME FOR COASTAL USE PERMITS

010203040506070

2002 2003 2004 2005

YEAR

DA

YS Average for All Permits

Oil and Gas

Processing time for all permits reduced by 55% (59.9 days to 26.8 days) between 2002 and 2005.

Permit Processing Times (All Applications)

0

20

40

60

80

100

120

2001 2002 2003 2004 2005

Year

Day

s

Received to Issued

Acknowledged to Issued

CMD Processing Time

Future Actions Planned

Future Actions Planned

Continued Refinement of Electronic System

Continued Refinement of Electronic System

• Incorporate other CMD roles (field investigations, mitigation)

• Post-issuance capabilities (revisions, transfers)

• Incorporate other CMD roles (field investigations, mitigation)

• Post-issuance capabilities (revisions, transfers)

New DEQ/DNR MOA

New DEQ/DNR MOA

Improve Availability of MitigationImprove Availability of Mitigation

• Revise current mitigation rules

- address permitting delays caused by applicant/landowner coordination

- update costs for contributions to Wetlands Trust Fund (legislatively mandated) – may approach or exceed $30K/acre

• Reconcile conflicting agency policies

• Revise current mitigation rules

- address permitting delays caused by applicant/landowner coordination

- update costs for contributions to Wetlands Trust Fund (legislatively mandated) – may approach or exceed $30K/acre

• Reconcile conflicting agency policies

Fresh/Inter. MarshFresh/Inter. Marsh Brackish Marsh Brackish Marsh Saline MarshSaline Marsh• Current - $4,771Current - $4,771 Current - $5,304 Current - $5,304 Current - $5,967Current - $5,967• Proposed - $30,212Proposed - $30,212 Proposed - $28,093 Proposed - $28,093 Proposed - Proposed -

$28,587$28,587

SwampSwamp Bottomland HardwoodBottomland Hardwood• Current - $9,198Current - $9,198 Current - $1,040Current - $1,040• Proposed - $15,958Proposed - $15,958 Proposed - $12,838Proposed - $12,838

Examples of Estimated Examples of Estimated Costs to Costs to

Mitigate 1 Acre of Mitigate 1 Acre of “Average” Quality Wetland “Average” Quality Wetland

HabitatHabitat

1-800-267-4019 1-800-267-4019

1-225-342-75911-225-342-7591

HTTP://WWW.DNR.STATE.LA.USHTTP://WWW.DNR.STATE.LA.US

Questions?Questions?