La. Admin. Code tit. 43 § XXXI-117

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXI-117 - Restoration Bank Plan

A. A complete restoration bank plan shall, at a minimum, contains the following components:

1. sponsor information;

2. site ownership;

3. detailed project description and work plan, including items in §115. B 2-6 above, as well as the following information:

a. soil/sediment information;

b. drainage patterns/hydrology;

c. presence, type, density, and condition of existing regulation;

d. description of any man-made structure;

e. current on-site habitat loss rates; and

f. planting plan;

4. restoration goals and objectives;

5. determination of credits (includes number and types of credits), including, for multi-use restoration banks, a description of a process and internal controls to prevent double counting;

6. financial assurance;

7. credit release schedule;

8. performance criteria;

9. monitoring requirements;

10. long-term management plan, including proposed conservation restrictions (if applicable); and

11. other information deemed necessary by the BRT to determine the appropriateness, feasibility, and practicability of the restoration bank.

B. Submittal and Review by the BRT. The sponsor shall submit a draft restoration bank plan to the BRT chair. The sponsor must provide the BRT chair with the number of copies specified by the BRT chair for distribution to the BRT members for review. The BRT chair will provide the BRTs response, including any written comments from the BRT, to the sponsor within 60 days of the date on which the sponsor submitted the draft restoration bank plan. Specifically, the BRT chair must indicate to the sponsor if the draft restoration bank plan is acceptable and ready for public comment or identify what changes are needed to address the concerns of any BRT members prior to its release for public review and comment. If additional time is needed for BRT review, the BRT chair shall provide written notification to the sponsor prior to the running of the 60-day period of the amount of additional time needed. The sponsor must submit a revised restoration bank plan to the BRT addressing any comments provided by the BRT within 60 days of receipt of the BRTs comments. If additional time is needed for response, the sponsor shall submit a request to the BRT chair prior to the running of the 60-day period for the amount of additional time requested. After receipt of the revised restoration bank plan, the BRT chair will notify the sponsor in writing within 30 days whether the plan is ready for public comment.

C. Public Review and Comment Period. After the BRT determines that the draft restoration bank plan is ready for public comment, the BRT chair will provide public notice via the Louisiana Register of the restoration bank plan and invite public review and comment. The public notice will, at a minimum, include a summary of the restoration bank plan and indicate that the full restoration bank plan is available to the public for review. The public comment period will be 30 days, unless the BRT determines that a longer comment period is appropriate. The sponsor shall be notified in writing if the comment period is extended beyond 30 days, including an explanation of why the longer comment period is necessary and how much additional time is needed. Copies of all comments received during the public comment period must be distributed by the BRT chair to the BRT members and to the sponsor within 15 days of the close of the public comment period.

D. Final Restoration Bank Plan. Within 60 days of receipt of public comments from the BRT chair, the sponsor must submit a final restoration bank plan to the BRT for approval, with supporting documentation that explains how the final restoration bank plan addresses the comments provided by the public. The BRT will have 30 days from receipt of the final restoration bank plan to indicate whether it is approved. If additional time for review is warranted, the BRT chair shall notify the sponsor in writing prior to the completion of the 30-day period of the amount of additional time needed for final approval. The BRT chair shall provide written notice to the sponsor of the BRTs decision to deny or approve the final restoration bank plan. Upon approval, the final restoration bank plan must be made available to the public.

La. Admin. Code tit. 43, § XXXI-117

Promulgated by the Office of the Governor, Coastal Protection and Restoration Authority, LR 431357 (7/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:214.5.2.