AMENDMENT TO THE OCTOBER 16,1985 BAYOU AUX CARPES FINAL DETERMINATION

National Park Service; Wilcher, LaJuana

On October 16, 1985, the Environmental Protection Agency's (EPA's) Assistant Administrator for External Affairs1 issued a Final Determination pursuant to Section 404(c) of the Clean Water Act restricting the discharge of dredged or fill material in the Bayou am Carpes site, Jefferson Parish, Louisiana. The Final Determination listedcertain activities which were not prohibited, and stated that if landowners identified other specific activities which might involve discharges but would have minor impacts they could apply to EPA for reconsideration of the Final Determination with respect to those activities. On December 18, 1991 and January 10, 1992 Shell Pipe Line arporation (Shell) petitioned EPA for reconsideration of exceptions identified in EPA's October 16, 1985 Final Determination concerning the Bayou am Carpes site. Shell requested an amendment to the Final Determination in order to 1) temporarily discharge dredged or fill material associated with performing emergency work to relocate an existing below ground pipeline located in the restricted Section 404(c) area; and 2) except from the Bayou am Carpes Section 404(c) restriction future discharges associated with routine operation and maintenance of this pipeline. Shell needs to locate the pipeline deeper underground to allow completion of a Federal hurricane protection levee adjacent to the Section 404(c) restricted area.