reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 19 - General Requirements for Permits and Permit Applications › Section XV-1905 - Permit Application Filing Deadlines

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Each person who conducts or
				  expects to conduct new surface coal mining and reclamation operations shall
				  file a complete application for a permit for those operations not less than 120
				  days prior to the anticipated commencement of operations.
B. Renewal of Valid Permits. An application
				  for renewal of a permit shall be filed with the office at least 180 days before
				  the expiration of the permit involved.
C. Revisions of Permits. Any application for
				  revision of a permit shall be filed with the office before the date on which
				  the permittee expects to revise surface coal mining or reclamation operations.
				  The office shall determine the time by which that application shall be filed,
				  based on the time required for review of the application and public
				  participation in the process of review, but in no case shall the application be
				  filed later than 60 days prior to the date of expected revision of
				  operations.
D. Succession to Rights
				  Granted under Prior Permits. Any application for a new permit required for a
				  person succeeding by transfer, sale or assignment of rights granted under a
				  permit shall be filed with the office not later than 30 days after that
				  succession is approved by the office.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 19 - General Requirements for Permits and Permit Applications › Section XV-1907 - Permit Applications: General Requirements for Format and Contents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applications for
				  permits to conduct surface coal mining and reclamation operations shall be
				  filed in the format required by the office. The application shall be complete
				  and include, at a minimum: for surface mining activities, all the applicable
				  information required under Chapters 23, 25, and 27; and, for special types of
				  surface coal mining and reclamation operations, all the information required
				  under Chapter 29.
B. Information
				  set forth in the application shall be current, presented clearly and concisely,
				  and supported by appropriate references to technical and other written material
				  available to the office.
C. All
				  technical data submitted in the application shall be accompanied by: names of
				  persons or organizations which collected and analyzed such data; dates of the
				  collection and analyses; and descriptions of methodology used to collect and
				  analyze the data.
D. Technical
				  analyses shall be planned by or under the direction of a professional qualified
				  in the subject to be analyzed.
E.
				  The application shall state the name, address and position of officials of each
				  private or academic research organization or governmental agency consulted by
				  the applicant in preparation of the application for information on land uses,
				  soils geology, vegetation, fish and wildlife quantity and quality, air quality,
				  and archaeological, cultural and historic features.
F. Maps and Plans: General Requirements
1. Maps submitted with the application shall
				  be presented in a consolidated format, to the extent possible, and shall
				  include all the types of information that are set forth on topographic maps of
				  the United States Geological Survey of the 1:24,000 scale series. Maps of the
				  permit area shall be at a scale of 1:6,000 or larger. Maps of the remainder of
				  the mine plan area and the adjacent areas shall clearly show the lands and
				  waters within those areas and be in a scale determined by the office, but in no
				  event smaller than 1:24,000.
2. All
				  maps and plans submitted with the application shall distinguish among each of
				  the phases during which surface coal mining operations were or will be
				  conducted at any place within the mine plan area.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 19 - General Requirements for Permits and Permit Applications › Section XV-1909 - Permit Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application
				  for a surface coal mining and reclamation permit pursuant to a regulatory
				  program shall be accompanied by a fee determined by the office. Such fee may be
				  less than, but shall not exceed, the actual or anticipated cost of reviewing,
				  administering and enforcing the permit. The office may develop procedures to
				  allow the fee to be paid over the term of the permit.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 19 - General Requirements for Permits and Permit Applications › Section XV-1911 - Verification of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applications for permits shall be verified under oath, by a responsible
				  official of the applicant, that the information contained in the application is
				  true and correct to the best of the official's information and
				  belief.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2101 - General Requirements: Coal Exploration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person desiring to conduct exploration
				  operations, as defined herein, shall:
1. file
				  with the commissioner an application, in triplicate, upon forms furnished by
				  the commissioner, for an area permit to engage in exploration operations. Such
				  application shall be filed at least 30 days prior to the requested date of
				  issuance;
2. submit a permit fee of
				  $50 for each application filed. Each application shall be restricted to a
				  township;
3. submit a bond in the
				  amount of $3,000 for each township affected; provided, the number of test holes
				  and core holes shall not exceed 72. In the event test holes or core holes are
				  to exceed 72, the bond shall be increased by $30 for each additional test or
				  core hole; provided that the number of test or core holes for a township is
				  first approved by the office;
4.
				  describe the nature of the exploration operations for which applications are
				  made which shall include a general description of the exploration areas, the
				  methods of ingress and egress to be utilized, verification of permission to
				  conduct the explorations from the owners of the land affected, and further
				  attesting that any substantial disturbances to the surface of the land shall be
				  reported to the commissioner and reclaimed in accordance with §915 of the
				  Act and these regulations.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2103 - General Requirements: Coal Development Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any operator proposing to undertake
				  development operations which involve the removal of substantial quantities of
				  overburden with explosives or power earthmoving equipment to determine quality,
				  boiler design criteria, the feasibility of removing lignite or coal and other
				  testing purposes shall submit an application for a development operations
				  permit to the commissioner prior to commencing any such operations. A permit
				  fee of $75 shall accompany each application.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2105 - General Requirements: Data Gathering Activities of 250 Tons or Less

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				  intends to conduct data gathering activities during which less than 250 tons of
				  coal will be removed in the area in which gathering activities will take place
				  shall, prior to conducting the data gathering activities, file with the office
				  a written notice of intention to undertake data gathering activities. Data
				  gathering activities which will take place on lands designated as unsuitable
				  for surface coal mining operations under Subpart 2 shall be subject to the
				  permitting requirements under §2111
B. The notice shall include:
1. the name, address and telephone number of
				  the person seeking to undertake data gathering activities;
2. the name, address and telephone number of
				  the representative who will be present at and responsible for conducting the
				  data gathering activities;
3. a
				  narrative describing the proposed data gathering area or a map at a scale of
				  1:24,000, or greater, showing the proposed data gathering area and the general
				  location of drill holes and trenches, existing and proposed roads, occupied
				  dwellings, topographic features, bodies of surface water, and
				  pipelines;
4. a statement of the
				  period of intended data gathering activities;
5. if the surface is owned by a person other
				  than the applicant, a description of the basis upon which the applicant claims
				  the right to enter that land for the purpose of conducting the data gathering
				  activities and reclamation; and
6.
				  a description of the method of data gathering to be used and the practices that
				  will be followed to protect the environment and to reclaim the area from
				  adverse impacts as a result of the data gathering activities.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2107 - General Requirements: Data Gathering Activities of More Than 250 Tons

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				  intends to undertake data gathering activities in which more than 250 tons of
				  coal will be removed shall be required to obtain a development operations
				  permit in accordance with
				  §2111 and all
				  data gathering activities shall be undertaken in accordance with the provisions
				  of the regulations applicable thereto.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2109 - General Requirements: Development Operations Involving Removal of 250 Tons or Less

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  development operation will involve the removal of 250 tons or less of coal, the
				  application shall contain the following:
1.
				  the name, address and telephone number of the person seeking to
				  develop;
2. the name, address and
				  telephone number of the representative who will be present at and responsible
				  for conducting the development activities;
3. a narrative describing the proposed
				  development operation or a map at a scale of 1:24,000, or greater, showing the
				  proposed development area and the general location of drill holes and trenches,
				  existing and proposed roads, occupied dwellings, topographic features, bodies
				  of surface water, and pipelines;
4.
				  a statement of the period of intended development; and
5. if the surface is owned by a person other
				  than the applicant, a description of the basis upon which the applicant claims
				  the right to enter that land for the purpose of conducting the development
				  operations and reclamation; and
6.
				  a description of the method of development to be used and the practices that
				  will be followed to protect the environment and to reclaim the area from
				  adverse impacts as a result of the development operations.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2113 - Applications: Approval or Disapproval of Development of More Than 250 Tons

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall initiate action upon a completed application for approval within 15 days
				  after the close of the comment period as prescribed by §2111 B
B. The commissioner shall approve a complete
				  application filed in accordance with this Chapter, if he finds in writing, that
				  the applicant has demonstrated that the development and reclamation described
				  in the application:
1. will be conducted in
				  accordance with the Act, these regulations, and the program approved by the
				  secretary of interior;
2. will not
				  jeopardize the continued existence of an endangered or threatened species
				  listed pursuant to §4 of the Endangered Species Act of 1973 (16
				  U.S.C. 1533)  or result in the destruction or
				  adverse modification of critical habitat of those species; and
3. will not adversely affect any cultural
				  resources or districts, sites, buildings, structures or objects listed or
				  eligible for listing on the National Register of Historic Places, unless the
				  proposed exploration has been approved by both the office and the agency with
				  jurisdiction over such matters.
4.
				  will, with respect to exploration activities on any lands protected under
				  §1105, minimize interference, to the extent technologically and
				  economically feasible, with the values for which those lands were designated as
				  unsuitable for surface coal mining operations. Before making this finding, the
				  office will provide reasonable opportunity to the owner of the feature causing
				  the land to come under the protection of §1105, and, when applicable, to
				  the agency with primary jurisdiction over the feature with respect to the
				  values that caused the land to come under the protection of §1105, to
				  comment on whether the finding is appropriate.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2115 - Applications: Notice and Hearing for Development of More Than 250 Tons

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall notify the applicant, the appropriate local government officials and
				  other commentors on the application, in writing, of his decision to approve or
				  disapprove the application. If the application is disapproved, the notice to
				  the applicant shall include a statement of the reason for disapproval. The
				  commissioner shall provide public notice of approval or disapproval of each
				  application, by publication in a newspaper of general circulation in the
				  general vicinity of the proposed operations.
B. Any persons with interests which are or
				  may be adversely affected by a decision of the commissioner pursuant to
				  §2115 A, shall have the opportunity for administrative and judicial
				  review as set forth in §925 of the Act or these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2117 - Coal Exploration and Development Compliance Duties

Current through Register Vol. 50, No. 6, June 20, 2024
A. All coal exploration and development
				  operations and the reclamation operations attendant thereto shall be conducted
				  in accordance with the requirements of §912 of the Act, these regulations
				  and conditions of approval for exploration, development and reclamation
				  operations imposed by the commissioner.
B. Any person who conducts any coal
				  exploration or development operations in violation of §912 of the Act or
				  these regulations shall be subject to the provisions of §918 of the
				  Act.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 21 - Coal Exploration and Development › Section XV-2119 - Public Availability of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in §2119 B, all
				  information submitted to the commissioner under this Chapter shall be made
				  available for public inspection and copying at the district office of the
				  Office of Conservation closest to the exploration or development
				  area.
B.
1. The commissioner shall not make
				  information available for public inspection if the person submitting it
				  requests in writing, at the time of submission, that it not be disclosed and
				  the commissioner determines that the information is confidential.
2. The commissioner shall determine that
				  information is confidential only if it concerns trade secrets or is privileged
				  commercial or financial information which relates to the competitive rights of
				  the person intending to conduct coal exploration or development.
3. Information requested to be held as
				  confidential under this Section shall not be publicly available until after
				  notice and opportunity to be heard is afforded all persons either seeking or
				  opposing disclosure of the information.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2301 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  responsibility of the permit applicant to provide to the office all of the
				  information required by this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2303 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				  applies to any person who applies for a permit to conduct surface mining
				  activities.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2304 - Certifying and Updating Existing Permit Application Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the applicant
				  has previously applied for a permit and the required information is already in
				  AVS, then the applicant may update the information as shown in the following
				  table.
If
then the applicant
(1) all or part of the information already in AVS
								is accurate and complete
may certify to the office by swearing or affirming,
								under oath and in writing, that the relevant information in AVS is accurate,
								complete, and up to date.
(2) part of the information in AVS is missing or
								incorrect
must submit to the office the necessary information
								or corrections and swear or affirm, under oath and in writing, that the
								information submitted is accurate and complete.
(3) the applicant can neither certify that the data
								in AVS is accurate and complete nor make needed corrections
must include in the permit application the required
								information.
B.
				  The applicant must swear or affirm, under oath and in writing, that all
				  information provided in an application is accurate and complete.
C. The office may establish a central file to
				  house identity information, rather than place duplicate information in each
				  permit application file. The office will make the information available to the
				  public upon request.
D. After the
				  office approves an application, but before issuing a permit, the applicant must
				  update, correct, or indicate that no change has occurred in the information
				  previously submitted under this section and §2305-2307
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2309 - Right of Entry and Operation Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain a
				  description of the documents upon which the applicant bases his or her legal
				  right to enter and begin surface mining activities in the permit area and
				  whether that right is the subject of pending litigation. The description shall
				  identify those documents by type and date of execution, identify the specific
				  lands to which the document pertains, and explain the legal rights claimed by
				  the applicant.
B. Where the private
				  mineral estate has been severed from the private surface estate, where such
				  severance is authorized under Louisiana law, the application shall also provide
				  for lands within the permit area:
1. a copy
				  of the written consent of the surface owner to the extraction of coal by
				  surface mining methods; or
2. a
				  copy of the document of conveyance that expressly grants or reserves the right
				  to extract the coal by surface mining methods; or
3. if the conveyance does not expressly grant
				  the right to extract the coal by surface mining methods, documentation that,
				  under the applicable state law, the applicant has the legal authority to
				  extract the coal by these methods.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2311 - Relationship to Areas Designated Unsuitable for Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain a statement
				  of available information on whether the proposed permit area is within an area
				  designated unsuitable for surface mining activities under Chapter 15 or under
				  study for designation in an administrative proceeding under that
				  Chapter.
B. If an applicant
				  proposes to conduct surface mining activities within 300 feet of an occupied
				  dwelling, the application shall contain the waiver of the owner of the dwelling
				  as required by §1107 E
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2313 - Permit Term Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  application shall state the anticipated or actual starting and termination date
				  of each phase of the surface mining activities and the anticipated number of
				  acres of land to be affected for each phase of mining and over the total life
				  of the mine.
B. If the applicant
				  proposes to conduct the surface mining operations in excess of five years, the
				  application shall contain the information needed for the showing required under
				  §3121 A
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2315 - Personal Injury and Property Damage Insurance Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each permit
				  application shall contain either a certificate of liability insurance or
				  evidence that the self-insurance requirements in
				  §4309 are
				  satisfied.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2317 - Identification of Other Licenses and Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain a list of
				  all other licenses and permits needed by the applicant to conduct the proposed
				  surface mining activities. This list shall identify each license and permit by:
1. type of permit or license;
2. name and address of issuing
				  authority;
3. identification
				  numbers of applications for those permits or licenses or, if issued, the
				  identification numbers of the permits or licenses;
4. if a decision has been made, the date of
				  approval or disapproval by each issuing authority.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2319 - Identification of Location of Public Office for Filing of Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application
				  shall identify, by name and address, the public office where the applicant will
				  simultaneously file a copy of the application for public inspection under
				  §3103 D
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2321 - Newspaper Advertisement and Proof of Publication

Current through Register Vol. 50, No. 6, June 20, 2024
A. A copy of the newspaper advertisement of
				  the application and proof of publication of the advertisement shall be filed
				  with the office and made a part of the complete application, not later than
				  four weeks after the last date of publication required under §3103 A
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2501 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  responsibility of the applicant to provide, except where specifically exempted
				  in this Chapter, all information required by this Chapter in the
				  application.
B. It is the
				  responsibility of state and federal government agencies to provide information
				  for applications as specifically required by this Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2503 - General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  permit application shall include a description of the existing, premining
				  environmental resources within the proposed mine plan area and adjacent areas
				  that may be affected or impacted by the proposed surface mining
				  activities.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2505 - General Environmental Resources Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall describe and
				  identify:
1. the size, sequence and timing of
				  the subareas of the mine plan area for which it is anticipated that individual
				  permits for mining will be requested over the estimated total life of the
				  proposed surface mining activities;
2. the nature of cultural, historic and
				  archaeological resources listed or eligible for listing on the National
				  Register of Historic Places and known archaeological features within the
				  proposed mine plan and adjacent areas. The description shall be based on all
				  available information including, but not limited to, data of state and local
				  archaeological, historical and cultural preservation agencies.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2507 - Description of Hydrology and Geology: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain a
				  description of the geology, hydrology, and water quality and quantity of all
				  lands within the proposed mine plan area, the adjacent area and the cumulative
				  impact area. The description shall include information on the characteristics
				  of all surface water and ground water within the cumulative impact area, and
				  any water which will flow into or receive discharges of water from the
				  cumulative impact area. The description shall be prepared according to
				  §2507-2513 and conform to the following.
1.
a.
				  Information on hydrology, water quality and quantity, and geology related to
				  hydrology of areas outside the proposed mine plan area and within the
				  cumulative impact area shall be provided by the office, to the extent that this
				  data is available from an appropriate federal or state agency.
b. Sampling and Analysis Methodology. All
				  water quality analyses performed to meet the requirements of this Section shall
				  be conducted according to the methodology in the 15th edition of "Standard
				  Methods for the Examination of Water and Wastewater," which is incorporated by
				  reference, or the methodology in 40 CFR Parts 136 and 434. Water quality
				  sampling performed to meet the requirements of this Section shall be conducted
				  according to either methodology listed above when feasible. "Standard Methods
				  for the Examination of Water and Wastewater" is a joint publication of the
				  American Public Health Association, the American Water Works Association, and
				  the Water Pollution Control Federation and is available from the American
				  Public Health Association, 1015 15th Street, NW., Washington, D.C. 20036. This
				  document is also available for inspection at the office of the Federal Register
				  Information Center, Room 8301, 1100 L Street, NW., Washington, D.C.; at the
				  office of the OSM Administrative Record, U.S. Department of the Interior, Room
				  5315, 1100 L Street, NW., Washington, D.C.; at the OSM Eastern Technical
				  Center, U.S. Department of the Interior, Building 10, Parkway Center,
				  Pittsburgh, PA.; and at the OSM Western Technical Center, U.S. Department of
				  the Interior, Brooks Tower, 1020 15th Street, Denver, CO.
c. If this information is not available from
				  those agencies, the applicant may gather and submit this information to the
				  office as part of the permit application.
d. The permit shall not be approved by the
				  office until this information is made available in the application.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2509 - Geology Description

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				  Each application shall include geologic information in sufficient detail to
				  assist in determining:
1. the probable
				  hydrologic consequences of the operation upon the quality and quantity of
				  surface water and ground water in the permit and adjacent areas, including the
				  extent to which surface- and ground-water monitoring is necessary;
2. all potentially acid- or toxic-forming
				  strata down to and including the stratum immediately below the lowest coal seam
				  to be mined; and
3. whether
				  reclamation as required by this Chapter can be accomplished and whether the
				  proposed operation has been designed to prevent material damage to the
				  hydrologic balance outside the permit area.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2511 - Ground-Water Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall include the location and ownership for the permit and
				  adjacent areas of existing wells, springs and other ground-water resources,
				  seasonal quality and quantity of ground water, and usage. Water quality
				  descriptions shall include, at a minimum, total dissolved solids or specific
				  conductance corrected to 25 C, pH, total iron and total manganese. Ground-water
				  quantity descriptions shall include, at a minimum, approximate rates of
				  discharge or usage and depth to the water in the coal seam, and each
				  water-bearing stratum above and potentially impacted stratum below the coal
				  seam.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2513 - Surface-Water Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall include the name, location, ownership and description of all
				  surface-water bodies such as streams, lakes and impoundments, the location of
				  any discharge into any surface-water body in the proposed permit and adjacent
				  areas, and information on surface-water quality and quantity sufficient to
				  demonstrate seasonal variation and water usage. Water quality descriptions
				  shall include, at a minimum, baseline information on total suspended solids,
				  total dissolved solids or specific conductance corrected to 25 C, pH, total
				  iron and total manganese. Baseline acidity and alkalinity information shall be
				  provided if there is a potential for acid drainage from the proposed mining
				  operation. Water quantity descriptions shall include, at a minimum, baseline
				  information on seasonal flow rates.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2515 - Supplemental Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  determination of the probable hydrologic consequences (PHC) required by
				  §2523 indicates
				  that adverse impacts on or off the proposed permit area may occur to the
				  hydrologic balance, or that acid-forming or toxic-forming material is present
				  that may result in the contamination of surface- or ground-water supplies, then
				  information supplemental to that required under
				  §2511 shall be
				  provided to evaluate such probable hydrologic consequences and to plan remedial
				  and reclamation activities. Such supplemental information may be based upon
				  drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata,
				  flood flows, or analysis of other water quality or quantity
				  characteristics.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2517 - Baseline Cumulative Impact Area Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hydrologic and geologic information for
				  the cumulative impact area necessary to assess the probable cumulative
				  hydrologic impacts of the proposed operation and all anticipated mining on
				  surface- and ground-water systems as required by
				  §2525 shall be
				  provided to the office if available from appropriate federal or state
				  agencies.
B. If the information is
				  not available from such agencies, then the applicant may gather and submit this
				  information to the office as part of the permit application.
C. The permit shall not be approved until the
				  necessary hydrologic and geologic information is available to the
				  office.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2519 - Modeling

Current through Register Vol. 50, No. 6, June 20, 2024
A. The use of
				  modeling techniques, interpolation or statistical techniques may be included as
				  part of the permit application, but actual surface- and ground-water
				  information may be required by the office for each site even when such
				  techniques are used.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2521 - Alternative Water Source Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the PHC determination required by
				  §2523 indicates
				  that the proposed mining operation may proximately result in contamination,
				  diminution or interruption of an underground or surface source of water within
				  the proposed permit or adjacent areas which is used for domestic, agricultural,
				  industrial or other legitimate purpose, then the application shall contain
				  information on water availability and alternative water sources, including the
				  suitability of alternative water sources for existing premining uses and
				  approved post-mining land uses.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2523 - Probable Hydrologic Consequences Determination

Current through Register Vol. 50, No. 6, June 20, 2024
A. The application shall contain a
				  determination of the probable hydrologic consequences (PHC) of all anticipated
				  mining within the permit area upon the quality and quantity of surface water
				  and ground water under seasonal flow conditions for the proposed permit and
				  adjacent areas.
B. The PHC
				  determination shall be based on baseline hydrologic, geologic and other
				  information collected for the permit application and may include data
				  statistically representative of the site.
C. The PHC determination shall include
				  findings on:
1. whether adverse impacts may
				  occur to the hydrologic balance;
2.
				  whether acid- or toxic-forming materials are present that could result in the
				  contamination of surface-water or ground-water supplies;
3. whether the proposed operation may
				  proximately result in contamination, diminution or interruption of an
				  underground or surface source of water within the proposed permit or adjacent
				  areas which is used for domestic, agricultural, industrial or other legitimate
				  purpose; and
4. what impact the
				  proposed operation will have on:
a. sediment
				  yield from the disturbed area;
b.
				  acidity, total suspended and dissolved solids and other important water quality
				  parameters of local impact;
c.
				  flooding or streamflow alteration;
d. ground- and surface-water availability;
				  and
e. other characteristics as
				  required by the office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2525 - Cumulative Hydrologic Impact Assessment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall provide an assessment of
				  the probable cumulative hydrologic impacts (CHIA) of the proposed operation and
				  all anticipated mining upon surface- and ground-water systems in the cumulative
				  impact area. The CHIA shall be sufficient to determine, for purposes of permit
				  approval, whether the proposed operation has been designed to prevent material
				  damage to the hydrologic balance outside the permit area. The office may allow
				  the applicant to submit data and analyses relevant to the CHIA with the permit
				  application.
B. An application for
				  a permit revision shall be reviewed by the office to determine whether a new or
				  updated CHIA shall be required.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2527 - Climatological Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  requested by the office, the application shall contain a statement of the
				  climatological factors that are representative of the proposed mine plan area,
				  including:
1. the average seasonal
				  precipitation;
2. the average
				  direction and velocity of prevailing winds; and
3. seasonal temperature ranges.