In his reply to the inquiries of the House Committee on Natural Resources, CRMO Director John B. Joyner said they required the Department of Public Lands to apply for permit prior to any land clearing activity in Marpi.
The one-start permit process, Joyner said, was designed to allow, as efficiently as possible, earthmoving activities under the rules and regulations of the Division of Environmental Quality, the Historical Preservation Office and the Department of Public Works.
It provides a screening mechanism that ensures all development involving earth moving obtain proper CRMO permits, he added.
He said CRMO sent DPL a one-start review form.
Joyner said DPL did not submit a CRMO application that would clarify the nature of the project.
But, he added, “it is not uncommon to not hear from a potential permittee for a very long time after a pre-application conference due to changed mind, project modifications, getting backing or plan revisions. For myriad reasons, innumerable proposed projects never come to fruition, and the burden is on the applicant to ensure that they meet all the necessary requirements of the law.”
The one-start permit, Joyner added, was amended by DEQ last May 9, allowing DPL to move ahead with the earthmoving project.
Joyner said CRMO learned of the land clearing in Marpi last March 30.
On the same day, CRMO, he said, sent inspectors to the site and discussed with DEQ the mitigation measures required by the Division of Fish and Wildlife, HPO and DEQ itself.
Joyner said CRMO permit applications are for proposed projects.
Since the Marpi clearing was no longer “proposed,” an “after-the-fact insistence on an application was moot.”
But this, he added, was not a waiver from regulations.
