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LouisianaLA Supplementmedium100% of exam part

Under Louisiana environmental regulations, what is required before disturbing more than one acre of land for construction?

Correct Answer

C) NPDES stormwater permit

Louisiana requires an NPDES stormwater permit for construction activities disturbing one acre or more of land to prevent pollution runoff.

Answer Options
A
Environmental impact study
B
Wetlands delineation
C
NPDES stormwater permit
D
Soil contamination testing

Why This Is the Correct Answer

The Clean Water Act's National Pollutant Discharge Elimination System (NPDES) program requires a stormwater construction permit (NOI filing) for any land disturbance of one acre or more. Louisiana administers this through the Louisiana Pollutant Discharge Elimination System (LPDES). The permit requires a Stormwater Pollution Prevention Plan (SWPPP) and implementation of best management practices (BMPs) to prevent sediment and pollutant runoff to waterways.

Why the Other Options Are Wrong

Option A: Environmental impact study

An environmental impact study (EIS) is required under NEPA for major federal actions or projects affecting federal land. It is not a general requirement for all one-acre-or-more construction disturbances on private land in Louisiana.

Option B: Wetlands delineation

Wetlands delineation is required when a project may affect wetlands subject to Section 404 of the Clean Water Act (Army Corps of Engineers jurisdiction). It is triggered by proximity to and potential impact on wetlands, not simply by disturbing one acre of land.

Option D: Soil contamination testing

Soil contamination testing (Phase I/II environmental site assessments) is typically required when purchasing contaminated or potentially contaminated property, or when required by a lender. It is not a universal requirement triggered by the one-acre land disturbance threshold.

Memory Technique

One Acre = NPDES. Think: 'An acre of dirt disturbed = a permit required for dirt in the water.' The NPDES stormwater permit is about keeping construction runoff out of waterways.

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