§ 39-12. Permit required for certain activities in coastal areas.

(a)

Definitions. Unless the context otherwise requires, the words defined in this section have the following meanings when used in this chapter:

Administrator as used herein shall mean the administrator of the coastal zone management program.

Applicant as used herein shall mean the seismic permit applicant, its employees, subcontractors, joint venturers and clients.

Coastal waters are bays, lakes, inlets, estuaries, rivers, bayous, and other bodies of water within the boundaries of the coastal zone.

Coastal zone includes the coastal waters and adjacent shorelands within the boundaries of the coastal zone established in Section 213.4 of Act 361), which are strongly influenced by each other, and in proximity to the shorelines, and uses of which have direct and significant impact on coastal waters.

Department shall mean the Jefferson Parish Department of Environmental Affairs.

Director as used herein shall mean the director of the Jefferson Parish Department of Environmental Affairs, or his duly authorized representative, agent or employee as so designated by him.

Habitat means the environment, usually the natural environment, in which a population of plants or animals occurs.

Marsh means low-lying soft, wetlands, commonly covered, sometimes seasonally, entirely or partially with water; dominated by grasses or grass-like vegetation.

Wetland means those areas that are inundates or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas (33 C.F.R. 323.2).

Use means any activity within the coastal zone that has a direct and significant impact on coastal waters.

(b)

Seismic activities.

(1)

Permit required. A permit from the Jefferson Parish Council is required to conduct geophysical and geological surveys and seismic exploration work on any lands or waterbottoms within the jurisdiction of the parish or of any political subdivision or district in the parish, of which the parish council is the governing body, or upon parish lateral roads and streets, and upon all other lands and water bottoms within the boundaries of the parish. Permits shall be administered by the coastal zone management program within the department of environmental affairs.

(2)

Application.

a.

Application for a seismic permit shall be made in writing to the Jefferson Parish Clerk of Council, on Army Corps of Engineers form 4345, and must be accompanied by the following information and documentation:

1.

A copy of the completed notification of commencement of seismic operations form provided by the department of natural resources coastal management division.

2.

A list of all the federal, state, and local permits applied for and, if available, their corresponding permit application numbers.

3.

A copy of a vicinity map, on legal size (eight and one-half (8.5) × fourteen (14)) paper, which shows a general outline of the project area.

4.

Pre-plot survey locations, showing all shot hole points and receiver lines on base map indicating township range and section.

5.

Application fee of five hundred dollars ($500.00).

6.

Proof of liability insurance as per section (b)(6).

7.

A complete list of landowners on whose property seismic activity will occur.

b.

Applications for seismic work shall cover a single survey area of receiver and shot-hole lines for each client or project area.

1.

Should the client determine, after the permit is granted, that additional lines or extensions of existing lines are necessary, these shall be considered a new project and a new application shall be filed, along with all required documents and applicable fees.

2.

Extensions or additions contiguous to and not exceeding ten (10) percent of the original survey area shall not require a new permit, but such requests must be submitted to the director in writing and must be accompanied by a list of any additional affected landowners.

c.

The required items listed in subsection (b)(2)a. shall be filed with the Jefferson Parish Clerk of Council at the following address:

Jefferson Parish Clerk of Council
P.O. Box 9
Gretna, Louisiana 70054

d.

When filed, a copy of the supplied materials shall be forwarded to the director of the department of environmental affairs.

(3)

Application; fee; period and renewal.

a.

The initial application fee will be five hundred dollars ($500.00) to cover all administrative costs associated with review and processing of the permit application. A one hundred dollar ($100.00) renewal fee will be required per each additional one hundred twenty (120) day extension. Permit fees will be credited to account number 10010-0000-5133, environmental permits.

b.

Application fees should be made payable to the Parish of Jefferson. Application fees shall be non-refundable.

c.

The expiration date of this permit is two (2) years from date of issue, but may be renewed for not more than two (2) additional one hundred twenty (120) day periods at the discretion of the administrator. Applications for renewal shall be made in letter form. Any application requesting a permit extension must be made no sooner than ninety (90) days and no later than sixty (60) days prior to the expiration of the permit. After expiration of a permit and any renewals thereof, work may continue or be resumed only upon the issuance of a new permit.

(4)

Decision on application.

a.

The permit application shall be reviewed by the administrator of the coastal zone management (CZM) program and routed to appropriate directors and council members for comment prior to issuing a recommendation to issue or deny the permit.

b.

The administrator's recommendation to issue or deny a permit shall be considered and then confirmed or denied by a resolution of the Jefferson Parish Council. Permit approval by the council shall be the equivalent of a letter-of-no-objection as required in section 39-10 of the Jefferson Parish Code of Ordinances.

c.

Within ten (10) days after receipt of a seismic permit application the administrator shall schedule a pre-project conference with the applicant.

1.

Prior to, or at this meeting, the applicant shall provide the administrator with pre-plot survey locations on topographic maps, standard U.S.G.S. seven and one-half (7½) minute quads or equivalent or satellite photos at 30-50 meter pixil resolution.

2.

At this meeting, the administrator shall inform the applicant of the need for pre-activity aerial photographs of vegetated wetlands within the project area. To the maximum extent practicable the technical requirements for these aerial photographs shall be consistent with the visual images provided by the applicant to the State Coastal Management Division.

3.

Other items to be discussed at the pre-activity conference include:

i.

Site specific permit conditions;

ii.

Safety guidelines to be imposed by the applicant and any additional safety guidelines applicant is contractually obligated to observe which parish representative(s) must adhere to at the work site;

iii.

Method of accessing the work site for parish inspections; and

iv.

Assignment of applicant representative to accompany parish agent(s) during all field visits/inspections.

d.

Within thirty (30) days after receipt of a completed application package that meets the requirements of the above sections, the applicant shall receive a permit or be advised in writing as to why a permit cannot be issued. Permits may be issued on a conditional basis, subject to certain additional stipulations or requirements to minimize or compensate for environmental impacts.

e.

In the event the application for the seismic permit is denied, the applicant shall have thirty (30) days from the date of the letter giving notice of the application denial to revise and resubmit plans and specifications in conformity with the provisions as set forth herein. Failure to respond within thirty (30) days terminates the application in question. Revisions received after thirty (30) days will be treated as a new application and shall be subject to all applicable fees.

(5)

Other required permits and approvals.

a.

The parish permit may be issued prior to completion of other necessary permits but shall not be considered to be in force until all applicable federal and state requirements, and the requirements of this section, have been met and all required permits have been obtained.

b.

Permit issued by the parish shall not convey or impair any property rights, mineral rights, or exclusive privileges.

c.

Permit obtained from the parish for seismic exploration does not authorize any dredging including prop-washing or fill.

(6)

Liability insurance.

a.

A certificate evidencing liability insurance in the amount of five hundred thousand dollars ($500,000.00) shall be submitted with the permit application. Applicant shall hold and save the parish government, the department and their officers and employees harmless from any damage to persons or property, which might result from the applicant's performance of work permitted herein.

b.

If requested by the applicant, the Parish of Jefferson will provide a waiver of subrogation for workman's compensation benefits paid on behalf of parish employees.

(7)

Inspections.

a.

The permit issued pursuant to this section, or a copy thereof, shall be available for inspection at the site of work at all times during operations.

b.

Each seismic exploration crew working under permit issued pursuant to this section may be assigned a parish inspection agent.

c.

There shall be a minimum of two (2) inspections conducted by the parish inspection agent; an initial inspection to determine base line conditions at the site and a final inspection to document conditions at the site following completion of all field operations. The parish inspection agent shall provide the administrator with a written report, signed by the party chief or other applicant representative and the parish inspection agent, following each inspection.

d.

Inspections may be waived at the discretion of the administrator.

e.

Parish agent(s) shall be accompanied by a representative of the applicant during all on-site inspections and shall adhere to all safety guidelines as set forth by the applicant and any additional safety guidelines applicant is contractually obligated to observe.

(8)

Inspection fees.

a.

A fee of one hundred fifty dollars ($150.00) will be charged [to] applicant for each inspection, not to exceed five (5) inspection charges per permitted activity. Inspection payments will be used to reimburse the parish account charged for the services. All fees accrued will be billed by the department and shall be due and payable to the Parish of Jefferson within (10) days of receipt thereof payments should be mailed to the department of environmental affairs. Therefore, the applicant will make no payments to the parish inspection agent.

b.

Transportation for the parish inspection agent to, from and at the work sites, as may be required for the conduct of inspections authorized under subsection (b)(7), (8)a., shall be provided by the applicant, at applicant's cost. Transportation needs of the inspection agent shall be coordinated with the applicant's party chief to coincide with planned transports that are part of regular operations. Applicant shall be deemed, solely to the extent of and while providing transportation for the parish inspection agent, as mandated above to be performing a parish function.

(9)

Notification of operation.

a.

Applicant shall provide the Jefferson Parish Sheriff's Office (JPSO) Explosive Unit and the Department of Emergency Management with a copy of the pre-plot map and a copy of the Wildlife and Fisheries (WL&F) Notification of Beginning of Seismic Operations form.

b.

The applicant shall provide the administrator with a copy of the WL&F Notification of Beginning of Seismic Operations form, a copy of the WL&F Natural Heritage Notification/Approval form and Notice of Recordation of seismic mineral filing information issued by the Jefferson Parish Clerk of Court before shooting activity is initiated.

c.

Written notification shall be mailed to municipalities near the permitted activity, local fishing groups and others as determined by the administrator on a case-by-case basis. When possible, notice shall be given to local fishermen by posting a notice at local docks and marinas. To assist applicant with this provision the administrator shall provide a list of municipalities, fishing organizations and local docks and marinas.

d.

Notice shall contain the approximate date that activities will begin and end, the company name, permit number, and a telephone number of a contact person with the company and shall be accompanied by a map that clearly shows the area, including navigable waters, where seismic activity will take place.

e.

All notifications should be posted at least five (5) calendar days prior to initiation of permitted activity.

(10)

Pipe and other equipment; requirements.

a.

The applicant shall plainly mark equipment and materials with a trademark(s) composed of a unique symbol(s), textual character(s) or number(s) and/or series of characters which clearly identify the company or individuals performing the activities. The items to be marked include, but are not limited to pipes, cables, employees' hard hats; boats; tracked or wheeled vehicles; and data recorders.

b.

Examples of all trademarks are to be filed with the administrator before operations begin or upon hiring sub-contractors after permit approval.

(11)

Airboat/tracked vehicle operations.

a.

Permittee shall use equipment that has the least amount of impact to the project area consistent with the cost and objectives of the geophysical survey conducted and prudent field practices.

b.

Where possible, efforts will be made to avoid crossing land locked marsh ponds when tracks would open ponds to tidal flow.

c.

Efforts shall be made to minimize the number of traverses of a single path.

d.

All airboat operators are required to have the proper licensing and carry this information with them at all times for proof of identification. Operators should be cognizant of the adverse impacts of noise to local residents and wildlife and shall comply with airboat regulations given in Chapter 36, Article 10 of the Jefferson Parish Code of Ordinances.

(12)

Protection of the environment.

a.

Surveys are to be conducted by applicant in a manner that provides maximum protection to the environment consistent with the cost and objectives of the geophysical survey conducted and prudent field practices.

b.

Minimization of damage to coastal waters, fragile marsh soils and vegetation, and sensitive features of other wetland habitats shall be accomplished by conducting all activities in accordance with International Geophysical Contractors standards delineated in IAGC's "Environmental Guidelines For Worldwide Geophysical Operations" (1994) or revisions thereof.

c.

Applicant shall not alter any natural or manmade channel or land ownership markers unless otherwise permitted.

d.

Applicant shall remove all right-of-way or other markers of any kind, pipes, cables, trash, litter and any other foreign objects from the site of his activities upon completion of operations.

e.

Garbage, litter and sewage is to be stored according to the provisions of the health code of the state and regularly disposed of during operations at a state inspected disposal site.

(13)

Post-activity conference.

a.

Within ten (10) days of completion of the final inspection, the administrator shall schedule a post-activity conference with the applicant.

b.

At this meeting, the administrator shall discuss the findings of the final inspection report and advise the applicant whether or not post-activity aerial photographs of vegetated wetlands are required.

c.

If required, the post-survey documentation shall be submitted by the applicant within thirty (30) days of completion of all permitted activities.

(14)

Exceptions and variances.

a.

Provision of this section shall not apply to any state permitted activity for which the parish has issued a letter-of-no-objection prior to the adoption date of the ordinance from which this section is derived.

b.

Applicants may request a variance to any requirements of this section when unnecessary hardship or practical difficulty exists, or when there is an exceptional or unusual physical condition that make such requirements inappropriate. Requests shall be submitted in writing to the clerk of council.

c.

All variances or exceptions approved by the administrator must be considered and then confirmed or denied by the council.

(15)

Violations.

a.

Violation of any of the provisions of this section for the regulation of seismic operations, or the refusal the applicant to comply fully therewith at the time the exploration is conducted or any attempt to unduly influence any parish seismic agent to abstain from the enforcement of these regulations shall constitute peremptory cause for the revocation of any permit which may heretofore have been issued.

b.

Any person found in violation of any provision of this section shall be fined not more than five hundred dollars ($500.00), at the discretion of the court. For the purpose of applying and enforcing the penalties contained in this section, each day a violation may occur or continue shall be deemed a separate offense and punishable accordingly.

c.

The imposition of any penalty hereunder shall not preclude the parish or any adjacent or neighboring property owner who would be damaged by such violation from instituting proceedings for injunction, mandamus, damages or other appropriate action to prevent, or to correct, or abate the violation.

(16)

Separability. If any section, sentence, clause, or any part of the above section should be decreed invalid or unconstitutional for any reason, such invalidity shall not affect the remaining provisions thereof. In the event any of the above criteria, standards, or regulations are in conflict with each other or with federal, state, or local regulations, the more restrictive shall govern.

(Ord. No. 20067, § 7-9-97; Ord. No. 20921, §§ 16—18, 3-15-00)