December 20, 2007

Lake Charles, Louisiana

The Police Jury of Calcasieu Parish, Louisiana, met in Regular Session at 5:30 p.m. on Thursday, December 20, 2007, in the Police Jury Meeting Room of the Parish Government Building, 1015 Pithon Street, Lake Charles, Louisiana, with The Honorable Chris E. Landry, President, presiding, and the following members present:

Mrs. Sandra J. “Sandy” Treme; and Messrs. Francis Andrepont, Guy Brame, Brent Clement, Calvin Collins, Michael E. Danahay, Kevin Guidry, Tony Guillory, Charles S. Mackey, D.D.S., Don Manuel, Cornelius “Cornie” Moon, and Tony Stelly

Absent: Mrs. Elizabeth Conway Griffin (out-of-town) and Mr. Hal McMillin (out-of-town)

Also present were Mr. Les Farnum, Police Juror-Elect, District 15; Mr. Ellis Hassien, Police Juror-Elect District12; Mr. Shannon Spell, Police Juror-Elect, District 1; Mr. Claude Syas, Police Juror-Elect, District 4; Mr. S. Mark McMurry, Parish Administrator; Mr. Bryan Beam, Assistant Parish Administrator; Mrs. Coleen Clark, Executive Secretary; Mr. Richard Gremillion, Director of the Office of Homeland Security and Emergency Preparedness; Mrs. Cheryl Heisser, Director of Human Resources; Mr. Jerry Milner, Director of Finance; Mr. Claude Smart, Parish Engineer; Mr. Allen L. Smith, Jr. of the firm of Plauche, Smith and Nieset, General Counsel; Ms. Kathy P. Smith, Recording Secretary; Mr. Gerry Trahan, Director of Facilities Management; Mr. Jim Vickers, Director of Planning and Development; and Mr. Randy Vincent, Director of the Office of Community Services.

President Landry called the meeting to order. The invocation was pronounced by Mr. Moon which was followed by the Pledge of Allegiance. The roll was called with the result being as outlined above.

President Landry welcomed everyone in attendance and asked those who would like to address the Police Jury to fill out a “Request to Appear” form and submit it to the staff. He also asked that all cellular telephones and pagers be turned off or silenced so they would not interrupt the meeting.

A plaque was presented by Mr. Guillory to the Lake Charles Riverkats of the Southern American Football League as champions of the King Bowl for the last two consecutive years. Mr. Guillory explained that this minor league team afforded former high school and college football players a second chance to play beyond those years. On hand to receive the award on behalf of the Lake Charles Riverkats were Angela Lewis, Jackie Green, Clyde Cross, Paula Nixon, Tony Royster, and Danny Sexton.

Mr. Clyde Cross expressed his appreciation to the Police Jury for the award and stated that the Riverkats had accomplished something nobody else had in winning two consecutive championships. He also thanked the team’s sponsors for their generous contributions, as well as the team’s players, coaches, executive board and boosters.

Mr. Tony Royster thanked Mr. Guillory and Mr. Guidry for their support of the team, and he pointed out that the team members, ranging in age from 19 to 38 years, received no monetary compensation for their participation.

A plaque was presented by Mr. Allen W. Wainwright, Public Works Operations Manager, to Mr. Gerald Hoffpauir of Waterworks District No. One of Ward One for his service as Interim Manager of Waterworks District No. Five of Wards Three and Eight, and it was noted that Mr. Hoffpauir would continue to assist with lab sampling for the latter. The plaque read as follows:

Certificate of Appreciation

WHEREAS, Mr. Gerald Hoffpauir, Superintendent of Waterworks District No. One of Ward One, has served with distinction as Interim District Manager of Waterworks District No. Five of Wards Three and Eight and of Sewerage District No. Eleven of Ward Three, from August 16, 2005, until the present; and

WHEREAS, Mr. Hoffpauir’s leadership was invaluable in directing the Districts’ timely and successful recovery from damages caused by Hurricane Rita which ravaged Southwest Louisiana on September 24, 2005; and

WHEREAS, Mr. Hoffpauir has been instrumental in the improvements realized in customer service, office and maintenance procedures, and overall water and wastewater production and treatment processes; and

NOW, THEREFORE, BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, in Regular Session convened on the 20^th day of December, 2007, that it does hereby express its grateful appreciation to

Gerald Hoffpauir

for his tireless efforts in guiding the course of Waterworks District No. Five of Wards Three and Eight and of Sewerage District No. Eleven of Ward Three, and for the many improvements he has made in those districts.

/s/ Chris E. Landry, President

Calcasieu Parish Police Jury

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Mr. Hoffpauir expressed his appreciation for the plaque and the opportunity to serve the Police Jury. He pointed out that Hurricane Rita had exemplified the need to work together and pool resources.

Mr. Wainwright then presented another plaque to the members of the Board of Commissioners of Waterworks District No. One of Ward One which read as follows:

Certificate of Appreciation

WHEREAS, the Board of Commissioners of Waterworks District No. One of Ward One recognized the need and agreed to support the Calcasieu Parish Police Jury and Waterworks District No. Five of Wards Three and Eight, as well as Sewerage District No. Eleven of Ward Three; and

WHEREAS, the Board very graciously allowed Mr. Gerald Hoffpauir, Superintendent of Waterworks District No. One of Ward One, to allocate his time and resources between the districts each day to perform the necessary duties of a District Manager for Waterworks District No. Five of Wards Three and Eight and Sewerage District No. Eleven of Ward Three; and

WHEREAS, in addition, the Board allowed the use of various other of its resources and employees to aid in both the recovery and long-term improvement of the Districts for which assistance was rendered; and

WHEREAS, the members and staff of the Calcasieu Parish Police Jury and, more particularly, the employees of the Division of Engineering and Public Works, wish to express their extreme gratitude and sincere appreciation to the Board of Commissioners of Waterworks District No. One of Ward One for allowing Mr. Hoffpauir to provide a tremendous service to the Police Jury and the citizens it represents.

Waterworks District No. One of Ward One

for assistance rendered to Waterworks District No. Five of Wards Three and Eight and to Sewerage District No. Eleven of Ward Three, and for aiding in both the recovery and long-term improvement of these districts.

/s/ Chris E. Landry, President

Calcasieu Parish Police Jury

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Mr. Manuel expressed his appreciation to Mr. Hoffpauir, pointing out that Moss Bluff water was some of the best in the State based on the last sampling and testing.

Motion was made by Mr. Moon, seconded by Dr. Mackey and carried unanimously that the following applications for liquor and beer permits be approved:

WARD I

Parkside Marina, LLC

Gul Awan — Member

MARINA FOODMART

2735 Sam Houston Jones Parkway

Lake Charles, LA 70611 Liquor & Beer (Pkg) — ‘2008 75.00

(Don Manuel’s District)

WARD II

Tina Roberts d/b/a

T’S GROCERY

7749 Hwy 14 East

Hayes, LA 70646 Beer (Pkg) — ‘2008 31.25

(Tony Stelly’s District)

WARD IV

Double G Beverage Barn, LLC

Greg Jordan — Member

DOUBLE G BEVERAGE BARN

3920 Hwy 27 South

Sulphur, LA 70665 Liquor & Beer (Pkg) — ‘2008 93.75

(Brent Clement’s District)

Lacie A. Perkins d/b/a

THIB’S COUNTRYSIDE GROCERY

1164 West Dave Dugas Road

Sulphur, LA 70665 Beer (Pkg) — ‘2008 31.25

(Brent Clement’s District)

Vincent Beglis Parkway, Inc.

Burton Rodney Vincent — Pres.

SUPER SAVER EXPRESS

2706 South Beglis Parkway

Sulphur, LA 70665 Liquor & Beer (Pkg) — ‘2008 75.00

(Mike Danahay’s District)

Circle K Stores, Inc.

Kim Kwiatkowski — Sec.

CIRCLE K #426

2901 Hwy 90 East

Westlake, LA 70669 Liquor & Beer (Pkg) — ‘2008 93.75

(Mike Danahay’s District)

Circle K Stores, Inc.

Kim Kwiatkowski — Sec.

CIRCLE K #8336

4501 Hwy 27

Sulphur, LA 70665 Liquor & Beer (Pkg) — ‘2008 93.75

(Mike Danahay’s District)

TOTAL REMITTANCE: 493.75

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It was moved by Mr. Manuel, seconded by Mr. Collins and carried unanimously to approve the minutes of the Regular Meeting of the Police Jury dated November 15, 2007.

President Landry advised that action was needed on SV03-002-07 which was a request by Nicholas Hunt for a subdivision variance to allow residential development without public road frontage on Babineaux Road in Ward Three, Police Jury District 7 (Mr. Landry’s district). He further advised that the Planning and Zoning Board had met on Tuesday, December 18, 2007, and voted unanimously to recommend that the request be granted with the following stipulations: (1) that the development adhere to the site plan on file with the Division of Planning and Development; and (2) that the manufactured home must be skirted prior to utilities being connected.

Motion was made by Mr. Brame and seconded by Mr. Clement that the recommendation of the Planning and Zoning Board be upheld with respect to SV03-002-07 and that the request for a subdivision variance be granted with the stipulations outlined by said Board.

President Landry asked that Mr. Nicholas Hunt come to the podium, which he did. President Landry asked Mr. Hunt if he realized that neither the school bus or garbage truck would go down a private road and that if Mr. Hunt wanted the road paved, he would have to pay for it. Mr. Hunt stated that he understood these things and in response to President Landry’s request, he agreed that if he sold the property in the future, he would make sure the purchaser was aware of these facts.

A vote taken on the motion on the floor carried unanimously.

Upon motion made by Mr. Manuel, which was duly seconded by Mr. Guidry and carried unanimously, the following resolution was adopted:

RESOLUTION

WHEREAS, Frank Cross, subdivided certain property in Ward One of Calcasieu Parish, Louisiana, known as North Bluff Subdivision Phase IV, a subdivision in Section 19, Township 8 South, Range 8 West, Calcasieu Parish, Louisiana; and

WHEREAS, said subdivision was submitted to the Calcasieu Parish Planning and Zoning Board and the Calcasieu Parish Police Jury for acceptance in accordance with the terms and conditions of Chapter 23 - Subdivisions, of the Code of Ordinances of the Parish of Calcasieu, Louisiana; and

WHEREAS, said subdivision plat was prepared by K. Carl Johnson, Registered Land Surveyor No. 4866, and certification was made that the subdivision plat was prepared in accordance with R.S. 33:5051 and all other laws of the State of Louisiana; and

WHEREAS, said subdivision plat will be filed for record in the Office of the Clerk of Court on January 7, 2008, and will bear File No. 2850984.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20^th day of December, 2007, that it does hereby officially accept the plat of North Bluff Subdivision Phase IV in Ward One of Calcasieu Parish, Louisiana.

THUS DONE AND PASSED on the 20^th day of December, 2007.

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Motion was made by Dr. Mackey, seconded by Mr. Moon and carried unanimously that the following resolutions be adopted:

RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Marc R. Moore to conduct dredging operations at three locations within a non-wetland area to obtain dirt for house pad, dredge from tidally influenced jurisdictional pond to fill areas excavated for fill material, dredge to construct a 14' x 30' boat slip and install a 12-inch diameter pipe connecting existing pond to adjacent channel to allow for drainage, all associated with construction of a residential home site. The work described was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. All legal issues concerning the unauthorized work have been deferred. The applicant may be required to fully or partially restore the project site to pre-project conditions, if issuance of a permit is determined to be contrary to the overall public interest. Said project is tidally-influenced unnamed pond and drainage ditch to Bayou Marino and Bayou Marino, which empties into Calcasieu River, located at 400 Bagdad Road within the city limits of Westlake, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Marc R. Moore relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, since the project is located within the city limits of the City of Westlake.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20^th day of December, 2007, that it does hereby indicate no objection to the proposal of Marc R. Moore to conduct dredging operations at three locations within a non-wetland area to obtain dirt for house pad, dredge from tidally influenced jurisdictional pond to fill areas excavated for fill material, dredge to construct a 14' x 30' boat slip and install a 12-inch diameter pipe connecting existing pond to adjacent channel to allow for drainage, all associated with construction of a residential home site. The work described was partially completed prior to obtaining a Department of the Army permit and was in violation of Section 301 of the Clean Water Act. All legal issues concerning the unauthorized work have been deferred. The applicant may be required to fully or partially restore the project site to pre-project conditions, if issuance of a permit is determined to be contrary to the overall public interest. Said project is tidally-influenced unnamed pond and drainage ditch to Bayou Marino and Bayou Marino, which empties into Calcasieu River, located at 400 Bagdad Road within the city limits of Westlake, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that a study on the environmental impact of the aforementioned project has not been made due to lack of expertise of the parish staff to accomplish such a study, and the Police Jury requests that agencies and/or individuals with such expertise make an environmental review of said project and forward their findings to the U.S. Corps of Engineers.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, notification has been received that an application for a Department of the Army Permit has been made to the U.S. Corps of Engineers, and an application for a Water Quality Certification (WQC) has been made to the Louisiana Department of Environmental Quality by Pinnacle Entertainment, Inc. to clear, grub, grade, and excavate approximately 100,000 cubic yards of native material and deposit approximately 245,000 cubic yards of on-site excavated and hauled-in fill material for the construction of a 230 foot by 362 foot riverboat casino, a 100 foot wide floatation channel, 1,900 linear feet of sheet pile bulkhead, a hotel, restaurant, swimming pool, access roads, and surface parking all to develop the Sugarcane Bay Resort & Casino. Implementation of the proposed project would directly impact approximately 50.10 acres of wetlands for the new casino site, 3.10 acres for a borrow area, and 16.70 acres for a disposal area, all of which would result in a total impact of 69.90 acres to jurisdictional wetlands within a Corps of Engineers designated disposal area. Said project is located off Nelson Road to the L’Auberge Casino entrance road along the left descending bank of the Calcasieu River in the City of Lake Charles, in Calcasieu Parish, Louisiana; and

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Pinnacle Entertainment, Inc. relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20^th day of December, 2007, that it does hereby indicate no objection to the proposal of Pinnacle Entertainment, Inc. to clear, grub, grade, and excavate approximately 100,000 cubic yards of native material and deposit approximately 245,000 cubic yards of on-site excavated and hauled-in fill material for the construction of a 230 foot by 362 foot riverboat casino, a 100 foot wide floatation channel, 1,900 linear feet of sheet pile bulkhead, a hotel, restaurant, swimming pool, access roads, and surface parking all to develop the Sugarcane Bay Resort & Casino. Implementation of the proposed project would directly impact approximately 50.10 acres of wetlands for the new casino site, 3.10 acres for a borrow area, and 16.70 acres for a disposal area, all of which would result in a total impact of 69.90 acres to jurisdictional wetlands within a Corps of Engineers designated disposal area. Said project is located off Nelson Road to the L’Auberge Casino entrance road along the left descending bank of the Calcasieu River in the City of Lake Charles, in Calcasieu Parish, Louisiana.

THUS PASSED AND ADOPTED on the date above inscribed.

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RESOLUTION

WHEREAS, the staff of the Division of Planning and Development has evaluated the proposal of Will Belton relative to its compliance with current parish ordinances and provisions, such as zoning classification, flood zone regulations, coastal zone regulations, and required development permits, as well as its impact on the Parish Transportation System; and

WHEREAS, upon completion of evaluation, the staff of the Division of Planning and Development concluded there is no cause for objection to the permit application based on parish ordinances and provisions, provided all necessary permits are obtained from the Parish Division of Planning and Development prior to commencement of the project.

NOW THEREFORE,

BE IT RESOLVED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20^th day of December, 2007, that it does hereby indicate no objection to the proposal of Will Belton to clear, grade, excavate, and deposit approximately 7,000 cubic yards of structural fill material and 7,200 cubic yards of concrete to construct 74 low cost public single-family residential houses, a community center, access roads, and associated culverts with an open-ditch drainage system, all to develop the Renoir Acres South residential development. Project implementation of proposed action would take place on a 17.5 acre site, of which 3.45 acres of jurisdictional wetlands would be directly impacted. Said project is located off South Beglis Parkway (LA HWY 3077) south of the community of Carlyss, in Calcasieu Parish, Louisiana.

BE IT FURTHER RESOLVED that the no objection position of the Police Jury in this permit application is based solely on the evaluation of the parish staff of the project’s effect on current parish ordinances and provisions, provided said work meets with the rules and regulations of the Corps of Engineers and the Louisiana Department of Environmental Quality, subject to Best Management Practices during the course of construction as set forth by EPA guidelines, and approvals are received from all appropriate state and federal agencies, and further, that all necessary development permits are obtained from the Calcasieu Parish Division of Planning and Development prior to commencement of the project.

THUS PASSED AND ADOPTED on the date above inscribed.

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With reference to the foregoing resolution, Mr. Danahay questioned the language contained therein relative to an open-ditch drainage system. Mr. Vickers advised that the development would have enclosed drainage (curb and gutter).

It was moved by Mr. Moon and seconded by Dr. Mackey to adopt an ordinance amending the Code of Ordinances of Calcasieu Parish, Louisiana, to approve amendments on an interim basis with reference to roads, bridges, watercourses, and drainage, as part of the Stormwater Master Plan. (Action was deferred by the Police Jury on December 6, 2007, until December 20, 2007.)

Mr. Rodney J. Fruge, 720 Jacob Scott, Sulphur, appeared before the Police Jury and stated that he was concerned about the limited number of developers who were addressed during development of the ordinance and the large number who did not have a clue that this had been talked about for months. Mr. Fruge further stated that he had several concerns as a developer and a realtor, and he felt the ordinance should be studied further along with the people who would be affected by it. Mr. Fruge stated that housing in the area was in short supply and that vacancy levels were running in the single digit percentages and that a lot of what was currently available was not habitable.

Mr. Fruge also expressed his concerns about an increased cost of doing work, and developers would not continue in business if they could not make money. He projected that the cost of lots would “shoot up” and that people already choked when he told them the current prices of lots. Mr. Fruge pointed out that the Parish was trying to get developers to donate property for drainage easements, yet the developers were being asked to assume the responsibility for perpetual maintenance of the easements.

Mr. Fruge stated that he had talked to other developers, and they felt the costs were becoming so prohibitive as to stand in the way of development. He further stated that some of the requirements in the ordinance were good ones, but he felt the Parish was moving too fast with it. Mr. Fruge suggested that more input be obtained from developers, realtors, etc, and he pointed out that with the recent election, one-third of the police jurors would not be returning. He asked that action be deferred until at least January 16, 2008.

Mr. Andrepont stated that he appreciated Mr. Fruge’s comments but assured him the development of the ordinance was not a “covert operation.” He further stated that it had been discussed for months – with participation by representatives of real estate, drainage districts, developers, contractors, etc. – in order to come up with a viable program that everyone could live with. Mr. Andrepont pointed out that the Police Jury could defer action forever and still not please everybody.

In answer to a question by Mr. Manuel, Mr. Wainwright explained that the staff was in the process of developing a comprehensive land use plan which would affect a lot of different ordinances, and the ordinance under discussion would be effective on an interim basis until that process was completed, at which time it would be dovetailed into the ordinances adopted as a result of the comprehensive land use plan which would provide ample time to utilize the ordinances and tweak them.

Mr. Brame asked how adoption of the ordinance would affect some of the projects or subdivisions that were already underway, to which Mr. Wainwright recommended that the effective date of the ordinance be January 1, 2008, which would also serve as a grandfather date, i.e., anyone who had submitted their design plans for a subdivision by that date would be grandfathered and after that date, any design plans submitted would have to follow the standards set forth in the new ordinance.

President Landry advised that it was 6:00 p.m. and action was scheduled to be taken at that time, however, he would allow discussion and action to be finalized on the matter at hand and come back to 6:00 action. He asked if there were any other developers present in the audience who wished to address the Police Jury with respect to the ordinance under discussion.

Mr. Jack Manuel, 720 You Winn Road, Moss Bluff, appeared before the Police Jury and stated that this was the first he had heard of the proposed ordinance and asked that action be deferred. In answer to his question, Mr. Wainwright stated that the ordinance only addressed drainage rights-of-way through new developments, and the drawings contained in the ordinance provided examples of the amount of right-of-way that would be needed, i.e., a lateral draining 400 acres would require 20' on each side and an additional 30' for a maintenance easement.

A roll call vote was taken on the motion on the floor, and said motion carried unanimously; whereupon, the following ordinance was adopted:

ORDINANCE NO. 5429

AN ORDINANCE amending Chapter 21 of the Code of Ordinances of the Parish of Calcasieu, Louisiana, to include amendments on an interim basis with reference to roads, bridges, watercourses, and drainage, as part of the Stormwater Master Plan.

BE IT ORDAINED BY THE POLICE JURY OF CALCASIEU PARISH, LOUISIANA, convened in Regular Session on the 20^th day of December, 2007, that it does hereby amend Chapter 21 of the Code of Ordinances of the Parish of Calcasieu, Louisiana, as follows:

SECTION 1: Sec. 21-17. Easements, of Chapter 21, Art. I. In General, of the Code of Ordinances, is hereby amended to read in its entirety as follows:

(a) Definitions.

As used in this section, the following terms shall have the indicated meaning:

(1) Drainage easement shall mean a dedicated and accepted drainage right-of-way within which a public entity can construct or maintain a drainage ditch or watercourse.

(2) Maintenance easement shall mean a width in addition to the dedicated and accepted drainage easement within which parish equipment can be utilized in order to provide for maintenance to of ditches or watercourses. Typically maintenance easements are established parallel and adjoining to drainage easements.

(3) Minor Watercourse shall mean a swale ditch, drainage way, channel, coulee, or stream that has a watershed of ten (10) acres or less at the discharge point or point of exit from proposed development.

(4) Intermediate Watercourse shall mean a drainage way, channel, coulee, or stream that has a watershed greater than ten (10) acres, but less than 300 acres, at the discharge point or point of exit from proposed development.

(5) Major Watercourse shall mean a drainage way, channel, coulee, or stream that has a watershed of 300 acres or greater at the discharge point or point of exit from proposed development.

(6) Existing Drainage shall mean a drainage feature that is natural or manmade, and has a drainage pattern that has been established prior to any site improvements.

(7) Proposed Drainage shall mean a new drainage feature that is to be created for routing storm water runoff and is manmade and not a natural feature. Shall also include any existing drainage features that are to be improved as part of the drainage plan for the new development.

(b) Drainage Easement Standards.

Where a watercourse traverses a development, a drainage easement shall be provided. The boundaries of said easement shall be in substantial conformance with the lines of the watercourse. Drainage easements shall be accompanied by a maintenance easement as outlined in Sec. 21-17 (c). The total width of the drainage easement shall include the width of the drainage feature from top of bank to top of bank in addition to the requirements below. Existing top of bank will be determined by projecting a 3:1 slope from the design toe of the existing bank to the existing natural ground level. Drainage easements must be in accordance with Section 21-258 (Hydraulic Design Criteria) and with the following widths:

(1) Major watercourse. A minimum width of twenty (20) feet, measured from the top of the bank, shall be provided on each side for all existing or proposed “major” or indexed watercourses.

(2) Intermediate watercourse. A minimum width of ten (10) feet, measured from the top of the bank, shall be provided on each side for all existing and proposed “intermediate” watercourses.

(3) Minor watercourse. A minimum width of five (5) feet, measured from the top of the bank, shall be provided on each side for all existing and proposed “minor” watercourses. The total right of way required for “minor” watercourses shall not be less than twenty (20) feet.

(4) Enclosed watercourse. A minimum width of twenty (20) feet, centered along the centerline of all existing or proposed enclosed watercourses should be provided. Enclosed watercourse easements should be dedicated so as not to be centered on lot lines. An additional easement is required for culvert sizes larger or wider than thirty-six (36) inches according to the following:

a. 36” – 54” Minimum 20’ easement

b. 60” – 120” Minimum 25’ easement

c. Above 120” As specified by the parish engineer

In all cases the easement widths referenced above shall be minimum guidelines and subject to be changed by either the jurisdictional gravity drainage board or the parish engineer, if circumstances dictate such changes.

All drainage easements shall also be subject to conformance with the latest revisions of the parish’s stormwater master plan, when applicable.

All major watercourse drainage easements shall be accompanied by a minimum thirty (30) foot maintenance easement on one side of the lateral for maintenance access. Drainage easements for intermediate and minor watercourses shall be accompanied by a minimum twenty (20) foot maintenance easement on one side of the lateral for maintenance access.

Maintenance easements may be used as an individual access easement from a public right of way or servitude to gain access to Drainage Easements. The individual access will allow the parish to travel to and from drainage easements and street right-of-ways. Maintenance easements shall remain on the same side of the lateral for the entire length, where possible, to provide access continuity. A minimum of 20 feet of useable area is required.

No permanent structures shall be built upon such maintenance easements. In the case of nonpermanent structures being built on the same, all responsibility for damage and/or removal of such nonpermanent structures shall lie with the property owner in the manner as described in paragraph (d). below.

The owner obstructing any maintenance easement shall be notified by registered letter from the parish that the obstruction shall be removed within fifteen (15) days from receipt of such letter.

Any person or persons found in violation of maintenance easement standards shall, upon conviction, be subject to punishment as provided in section 1-9 of this Code, or such additional punishment as may be authorized by law.

(d) Additional requirements.

When a proposed drainage system will carry water across private land outside of the boundaries of the proposed development, the developer must obtain the appropriate drainage and maintenance easements across said abutting properties from the boundary of the development to the nearest public maintained outfall prior to final approval of construction plans and issuance of permission to construct the development, as determined by the parish engineer.

(e) Dedication of drainage and maintenance easements.

The Act of DedicationDedication of the easement required herein shall provide for the following:

(1) Permanent obstructions. No permanent building or obstructions shall be placed within the easement without the approval of the parish engineer or designee.

(2) Non-permanent obstructions. The property owner shall not be permitted to place non-permanent obstructions in the easement that obstruct the flow or interfere with the ability to maintain said easement. All subdivision plats shall include a note stating:

Fences, plantings, or temporary obstructions that obstruct the flow of water in a watercourse or interfere with the ability to maintain an easement shall not be placed within said easement. Any public entity accessing said easement is not responsible for damages to fences, plantings, or temporary obstructions within the easement.

Upon written request, said obstructions shall be removed by the property owner or, in default of said movement within a fifteen (15) day notification period, said obstructions shall be removed by the appropriate authority using said easement. Upon such removal, said property owner shall not be entitled to recover any costs of replacing the objects removed from said easement and may be penalized in accordance with section 1-9 of this Code.

(3) Drainage across easements. The property owner shall not permit drainage across an easement into the watercourse except by natural means. Should drainage across an easement be requested, access continuity should not be obstructed. The parish engineer or designee must approve any drainage structure.

(4) Rationale for creating easements. All drainage easements created are to ensure and allow proper drainage. The waterway included and served by the drainage easement will be maintained by either a private or governmental entity, as is appropriate.

(5) No overlap of utility and drainage easements. Utility easements and drainage easements for major, intermediate, and minor drainage laterals or watercourses may cross, but shall not overlap unless approved by the parish engineer and the utility company. This restriction shall not apply to roadside ditches.

SECTION 2: Sections 21-228 through 21-235, of Art. IV. Utility Line Traverses, of the Code of Ordinances shall remain reserved for future use, as follows:

Secs. 21-228 — 21-235. Reserved.

SECTION 3: Chapter 21 is hereby amended to include Article V. Drainage Impact Analysis, in toto, as follows:

ARTICLE V. DRAINAGE IMPACT ANALYSIS

Sec. 21-236. Scope.

This article applies to new developments within the unincorporated area of Calcasieu Parish, however, the study limits may extend into incorporated areas. Requirements of this article shall apply in addition to any state and federal provisions.

Sec. 21-237. Purpose.

This article will establish the requirements for a Drainage Impact Analysis (DIA) and the guidelines for preparation and submittal of said analysis. The standards of this article shall constitute the basic DIA standards and are intended to minimize the risk of flooding due to an increase in surface water runoff and water surface elevations resulting from development.

Sec. 21-238. Definitions.

Developer shall mean one who subdivides, or any person who has submitted an application required by these regulations (same as agent, applicant, developer and subdivider).

Engineer shall mean one who is licensed by the state of Louisiana as a civil engineer.

Minor Watercourse shall mean a swale ditch, drainage way, channel, coulee, or stream that has a watershed of ten (10) acres or less at the discharge point or point of exit from proposed development.

Intermediate Watercourse shall mean a drainage way, channel, coulee, or stream that has a watershed greater than ten (10) acres, but less than 300 acres, at the discharge point or point of exit from proposed development.

Major Watercourse shall mean a drainage way, channel, coulee, or stream that has a watershed of 300 acres or greater at the discharge point or point of exit from proposed development.

Existing Drainage shall mean a drainage feature that is natural or manmade, and has a drainage pattern that has been established prior to any site improvements.

Proposed Drainage shall mean a new drainage feature that is to be created for routing storm water runoff and is manmade and not a natural feature. Proposed drainage shall include any existing drainage features that are to be improved as part of the drainage plan for the new development.

Should shall mean one is encouraged to comply.

Shall shall mean one is required to comply.

Sec. 21-239. When Required.

A comprehensive drainage impact analysis (DIA) is required for all new subdivision developments, and all new site developments requiring a building or grading permit. Waivers for DIA submittals shall be approved in accordance with Section 21-243.

Said DIA shall be submitted to the parish engineer for review and approval. Cover page of said DIA shall be stamped and signed by a licensed Louisiana civil engineer. No development shall be approved for construction prior to parish engineer or designee providing a favorable recommendation of the DIA. However, the planning and zoning board may grant preliminary approval to a proposed subdivision or development contingent on later submission of the DIA, or in accordance with the latest subdivision regulations. The preliminary plan must include the proposed drainage plan at time of preliminary approval. In any case, the DIA must receive the parish engineer or designee’s review and approval before any development improvements begin.

Sec. 21-240. General Considerations.

The developer shall prepare the proposed development layout in conformance with the following general provisions.

(a) The design and construction of the development shall preserve, insofar as it is practical, the natural terrain and natural drainage.

(b) Any land subject to inundation or located along a natural drainage channel or in a FEMA designated 100-year floodplain shall not be developed until provisions, as determined by the DIA, are made to adequately protect the development and surroundings properties. An independent engineer shall be required at the expense of the developer for the purpose of verifying the technical requirements. These provisions shall be made to protect the health, safety, and welfare of the public as well as to minimize any flood hazard resulting from development of the area. Areas subject to flooding shall remain undeveloped.

(c) Provisions should be made to preserve any natural hydraulic features of the site, which would enhance the development.

(d) No development, fill, or obstruction of any type on or over any portion of a regulatory floodway, coastal high hazard area or areas of special flood hazard, as determined by the DIA, shall be permitted which, alone or cumulatively with other such activities, would cause or result in a barrier that will adversely affect the efficiency of or restrict the flow or capacity of a designated floodway or watercourse so as to cause foreseeable damage to others, wherever located. Any such development application must include a drainage impact analysis (DIA) including hydrologic and hydraulic data, confirming that no adverse floodwater effects will result from a proposed development. The DIA must be stamped and certified by a Licensed Louisiana Engineer and is subject to review and approval or denial by the floodplain administrator, the parish engineer or designee. In addition, FEMA certification shall be required noting that proposed floodway encroachment does not impact existing water surface profile analyses.

Sec. 21-241. Submission Contents.

A required drainage impact analysis (DIA) shall include:

(a) A watershed map, reflecting:

(1) Overall watershed boundaries delineated using LIDAR two-foot interval contours.

(2) Two (2) foot topographic site contours within the boundary of the development delineated using actual topographic surveys, as required by the parish engineer.

(3) Delineated drainage areas involved including offsite watershed areas with acreage shown;

(4) Slope and travel length of each drainage area to the entry point and/or exit point of the development;

(5) Existing land use and vegetative cover for all drainage areas;

(6) All major, intermediate, and minor watercourses, utilizing the labeling program adopted by the parish stormwater master plan upon implementation;

(7) Overall view of drainage and ultimate drainage disposal map including the limits of the watershed downstream of development to the point where said development is less than ten (10) percent of the entire watershed; and

(8) 100-year flood zones, if applicable, including all regulatory floodways and coastal high hazard areas.

(b) Survey data, reflecting:

(1) Existing watercourses and downstream drainage structures within the study limits including cross sections of the downstream watercourse where hydraulic grade line analysis is required. Watercourse cross sections shall be at intervals adequate to define the hydraulic characteristics of the channel. Drainage structure cross sections shall be taken at the upstream and downstream ends of the structure and at the structure in accordance with HEC-RAS standards. Stream cross-sections may be tied to LIDAR to produce full cross sections of the drainways.

(1) Proposed layout of development;

(2) Various drainage areas based on conceptual design and proposed layout of development;

(3) Offsite drainage areas shown at entry points to the development with calculated ten (10) year peak discharge rates;

(4) Existing and proposed development contours at two (2) foot intervals as required by the parish engineer. One (1) foot contours may be required by the parish engineer where additional information is needed to define topographic features of a site;

(5) Existing and proposed drainage and maintenance easements;

(6) Delineated flood zones, regulatory floodways, coastal high hazard areas, and the highest recorded inundation, where applicable;

(7) Existing and proposed drainage patterns, slope, and travel length with estimated ten (10) year peak discharge rates based upon existing and future land use and zoning of the offsite drainage areas. Future conditions will be based on the current land use and zoning maps.

(8) Existing and proposed ditches, culverts, or other hydraulic features or structures.

(d) Detailed findings

(1) Conclusions

The DIA should clearly identify the results and conclusions of the analysis and recommend provisions for any required action(s) so that surrounding properties experience no adverse impact. Recommendations should ensure that existing watersheds and existing water surface profiles would not be negatively altered as a result of the development.

(2) Design Criteria

The DIA should clearly describe the methodology, data and assumptions used. The design criteria must support Article VI (Drainage Design Standards).

(3) Calculations

The DIA should include clear, concise, step-by-step calculations. The calculations section should contain all necessary topographic data, such as existing ground elevations, cross sections of drainage laterals, and size, type, and invert elevations of all downstream drainage facilities included in the DIA.

(e) Additional Information

(1) The DIA shall describe the proposed development.

(2) The DIA shall describe existing land use in the project watershed. Said description will include soil types, vegetative cover, watershed slopes, and an estimate of the percent of impervious area under fully developed conditions.

(3) The DIA shall describe analyses methods used to determine drainage impacts and summarize all conclusions at the end of the report.

(4) The DIA shall include all pre and post inflow and outflow hydrographs for designs that consider retention, detention, or watercourse routing. Rating curves for outlet structures, as well as details of any proposed outlet structures, should be included. As part of the DIA, peak discharges shall be developed in accordance with guidelines established in the Louisiana Department of Transportation and Development Hydraulics Manual, based on total acreage of each watershed and rainfall data. Hydrographs shall be developed using the SCS Method Unit Hydrograph or an approved curvilinear synthetic hydrograph. Triangular hydrographs shall not be used as part of the DIA. Unless otherwise noted, the DIA shall be based on a ten (10) and one hundred (100) year storm frequency for a twenty-four (24) hour storm duration. See Article VI (Drainage Design Standards) for additional design requirements.

(5) The DIA shall indicate the capacity of all existing and proposed drainage features to convey the pre and post development discharges by hydraulic grade line analysis. Boundary conditions for hydraulic grade line analysis shall be defined at the upstream or downstream limits of the study area depending upon the flow type (i.e. – supercritical or subcritical flow). Boundary conditions shall be based on the ten (10) year design water surface elevation. The ten (10) year water surface shall be calculated in accordance with acceptable engineering practices until such time that stormwater master plan models are available. Once said models are available, the parish shall provide the starting water surface elevation at the nearest location to the proposed development. Where the parish stormwater models do not extend to the boundaries of the proposed development, it shall be required, as part of DIA that the developer’s engineer will extend the models to include the new development. The parish will include the extended model into their system.

(6) The DIA shall study the effects and indicate the capacity of all ditches, culverts, sub-surface, and surface drainage structures that will be utilized downstream of the development in allowing passage of stormwater to the first recorded public watercourse, or as specified by the parish engineer. Where no immediate downstream facility is available, analysis shall be carried downstream to the point where the development is less than ten (10) percent of the overall watershed. The starting water surface profile elevation at a given location shall be the highest elevation indicated by the FEMA flood profile, the parish stormwater model, or normal depth analysis at said location.

(7) The DIA’s hydraulic water surface calculations shall indicate any areas where the ten (10) year elevation is above the existing top of bank under either the pre- or post-development conditions. In such cases where the hydraulic water surface is expected to overtop the existing banks, the engineer shall recommend provisions to reduce flooding or mitigate foreseeable impacts of the proposed development.

(8) The DIA shall give the location, description, and elevation of all permanent and temporary benchmarks used for the analysis and to be used for the development construction.

(9) The DIA shall establish natural ridgelines and drainage boundaries and the developed condition shall maintain these areas, draining to each natural outfall as closely as possible.

(10) The DIA for developments within the 100-year floodplain, a regulatory floodway, a coastal high hazard areas, or where the DIA indicates the need for fill restriction to maintain the natural flow capacity of the overall drainage system shall include a fill mitigation and grading plan for any volume of fill to be placed below the base flood elevation or within the natural storage areas as determined by actual site contours, irregardless of whether the development is depicted in a recognized flood zone. Said fill mitigation plan shall mitigate or compensate and balance hydraulically for fill in restricted areas within the same watersheds. Approval of fill mitigation plans in no way supersedes the requirement to obtain FEMA certification noting that fill in floodways does not have an impact on existing water surface profile analyses.

(f) Water Surface Profiles

(1) Existing condition water surface profiles shall be computed based on the natural channel, culverts, bridges, and other natural features through the property to be developed.

(2) Developed condition water surface profiles shall be computed based on the proposed conditions and shall account for all existing features to be removed, any new channel geometry, proposed culverts or storm drain systems, and any fill placed within the over-bank flow in the existing channel sections.

(3) The water surface profile elevations at the upstream and downstream property lines of the development shall not negatively impact the existing condition water surface elevation at that point.

Sec. 21-242. Specific Considerations.

In developing the drainage impact analysis (DIA), the independent engineer must give certain items specific consideration.

(a) Natural ponding, retention, or detention of stormwater shall not be used in the DIA unless authorized in writing by the parish engineer or designee, or unless specifically incorporated into the design of the development.

(b) The DIA shall study the effects of the proposed development on existing downstream facilities outside the limits of the proposed development to the nearest publicly maintained, indexed lateral or until the area of the proposed development represents less than ten (10) percent of the total watershed.

(d) Where an existing stormwater conveyance system, either man-made or natural channel, traverses through the development and accommodates off-site drainage areas, any alterations to the existing system shall not negatively impact the existing condition water surface elevation at the entrance and exit points.

Sec. 21-243. Waivers.

Developers may request that the parish engineer or designee approve a waiver of the DIA. Waivers will be considered on a case-by-case basis if the development:

(a) Will not alter the existing natural characteristics of the site;

(b) Will not result in more than a thirty (30) percent increase in impervious area that results in direct drainage runoff;

Additional requests for waivers will be considered where supporting data is submitted indicating no adverse impact on surrounding properties.

The parish engineer or designee may, on a case-by-case basis, issue a waiver for fill mitigation requirements due to a developer’s inability to generate fill credits.

In any case, the developer must submit the request for waiver in writing, along with supporting watershed and hydraulic data for consideration.

This ordinance does not imply that land inside or outside the jurisdictional area of the parish and/or any district will be free from flooding or flood damage. This ordinance shall not create liability on the part of this community, the board members of any districts, the Calcasieu Parish Police Jury or its members, or any other official or respective employee for flood damages that result from reliance on this ordinance or any administrative decision lawfully made.

Secs. 21-244 — Sec. 21-250. Reserved.