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 37 - Small Operator Assistance › Section XV-3705 - Eligibility for Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  applicant is eligible for assistance if he or she:
1. intends to apply for a permit pursuant to
				  the Act;
2. establishes that his or
				  her probable total actual and attributed production from all locations during
				  any consecutive 12-month period either during the term of his or her permit or
				  during the first five years after issuance of his or her permit, whichever
				  period is shorter, will not exceed 300,000 tons. Production from the following
				  operations shall be attributed to the applicant:
a. the pro rata share, based upon percentage
				  of ownership of the applicant, of coal produced by operations in which the
				  applicant owns more than a 10 percent interest;
b. the pro rata share, based upon percentage
				  of ownership of the applicant, of coal produced in other operations by persons
				  who own more than 10 percent of the applicant's operation;
c. all coal produced by operations owned by
				  persons who directly or indirectly control the applicant by reason of direction
				  of the management; and
d. all coal
				  produced by operations owned by members of the applicant's family and the
				  applicant's relatives, unless it is established that there is no direct or
				  indirect business relationship between or among them.
3. is not restricted in any manner from
				  receiving a permit under the permanent regulatory program; and
4. does not organize or reorganize his or her
				  company solely for the purpose of obtaining assistance under the Small Operator
				  Assistance Program.
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 37 - Small Operator Assistance › Section XV-3707 - Filing for Assistance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  applicant shall submit the following information to the office at any time
				  after initiation of the Small Operator Assistance Program within the state:
1. a statement of intent to file permit
				  applications;
2. the names and
				  addresses of:
a. the potential permit
				  applicant; and
b. the potential
				  operator if different from the applicant;
3. a schedule of the estimated total
				  production of coal from the proposed permit area and all other locations from
				  which production is attributed to the applicant under §3705 The schedule
				  shall include for each location:
a. the name
				  under which coal is or will be mined;
b. the permit number and Mining Health and
				  Safety Administration identification number;
c. the actual coal production for the year
				  preceding the application for assistance and that portion of the production
				  attributed to the applicant; and
d.
				  the estimated coal production for each year of the proposed permit and that
				  portion attributed to the applicant;
4. a description of:
a. the method of surface coal mining
				  operations proposed;
b. the
				  anticipated starting and termination date of mining operations;
c. the number of acres of land to be affected
				  by the proposed mining; and
d. a
				  general statement on the probable depth and thickness of the coal resource
				  including a statement of reserves in the permit area and the method by which
				  they were calculated;
5.
				  a U.S. Geological Survey topographic map of 1:24,000 scale or larger or other
				  topographic map of equivalent detail which clearly shows:
a. the area of land to be affected and the
				  natural drainage above and below the affected area;
b. the names of property owners in the area
				  to be affected and of adjacent lands;
c. the location of existing structures and
				  developed water sources within the area to be affected and on adjacent
				  lands;
d. the location of existing
				  and proposed test boring or core sampling; and
e. the location and extent of known working
				  of any underground mines;
6. copies of documents which show that:
a. the applicant has a legal right to enter
				  and commence mining within the permit area; and
b. a legal right of entry has been obtained
				  for the Office of Surface Mining, the office, and laboratory personnel to
				  inspect the lands to be mined and adjacent lands which may be affected to
				  collect environmental data or install necessary instruments.
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 37 - Small Operator Assistance › Section XV-3709 - Application Approval and Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  If the office finds the applicant eligible, and it does not have information
				  readily available which would preclude issuance of a permit to the applicant
				  for mining in the area proposed, it shall:
1.
				  determine the minimal data requirements necessary to meet the provisions of
				  §3711;
2. select the services
				  of one or more qualified laboratories to perform the required work. A copy of
				  the contract or other appropriate work order and the final approved report
				  shall be provided to the applicant.
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 37 - Small Operator Assistance › Section XV-3711 - Program Services and Data Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. To the extent possible with available
				  funds, the commissioner shall select and pay a qualified laboratory to make the
				  determination and statement and provide other services referenced in
				  §3711. B for eligible operators who request assistance.
B. The commissioner shall determine the data
				  needed for each applicant or group of applicants. Data collected and the
				  results provided to the commissioner shall be sufficient to satisfy the
				  requirements for:
1. the determination of the
				  probable hydrologic consequences of the surface mining and reclamation
				  operations in the proposed permit area and adjacent areas, including the
				  engineering analyses and designs necessary for the determination in accordance
				  with §2523 and any
				  other applicable provisions of these regulations; and
2. the drilling and the statement of the
				  results of test borings or core samplings for the proposed permit area in
				  accordance with §2509. B and any other applicable regulations;
3. the development of cross-section maps and
				  plans required by §2537;
4.
				  the collection of archaeological and historic information and related plans
				  required by §2505. A.2 and any other archaeological and historic
				  information required by the office;
5. pre-blast surveys required by §2707;
				  and
6. the collection of
				  site-specific resources information, the production of protection and
				  enhancement plans for fish and wildlife habitats required by §2713, and
				  information and plans for any other environmental values required by the office
				  under the Act.
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 37 - Small Operator Assistance › Section XV-3713 - Qualified Laboratories

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
1. As used in this Section, qualified
				  laboratory means a designated public agency, private consulting firm,
				  institution, or analytical laboratory which can provide the required
				  determination or statement under this program.
2. The Office of Surface Mining shall
				  establish and periodically publish in the
Federal Register
a
				  list of qualified laboratories which may be used by regulatory authorities
				  under the procedures of this Section. The office may designate qualified
				  laboratories under procedures included in the program.
3. Persons who desire to be included in the
				  list of qualified laboratories established by the Office of Surface Mining
				  shall apply to the Office of Surface Mining and provide such information as is
				  necessary to establish the qualifications required by §3713 B
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 37 - Small Operator Assistance › Section XV-3715 - Assistance Funding

Current through Register Vol. 50, No. 6, June 20, 2024
A. Use of
				  Funds. Funds authorized for this program shall not be used to cover state
				  administrative costs or the costs of test boring or core sampling.
B. Allocation of Funds. The office shall to
				  the extent practicable establish a formula for allocating funds among eligible
				  small operators if available funds are less than those required to provide the
				  services pursuant to this Chapter. This formula shall include such factors as
				  the applicant's:
1. anticipated date of
				  filing a permit application;
2.
				  anticipated date for commencing mining; and
3. performance history.
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 37 - Small Operator Assistance › Section XV-3717 - Applicant Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. A coal
				  operator shall reimburse the office for the cost of the services rendered
				  pursuant to this Chapter if:
1. the applicant
				  submits false information, fails to submit a permit application within one year
				  from the date of receipt of the approved laboratory report, or fails to mine
				  after obtaining a permit;
2. the
				  commissioner finds that the operator's actual and attributed annual production
				  of coal for all locations exceeds 300,000 tons during the 12 months immediately
				  following the date on which the operator is issued the surface coal mining and
				  reclamation permit; or
3. the
				  permit is sold, transferred or assigned to another person and the transferee's
				  total actual and attributed production exceeds the 300,000-ton annual
				  production limit during the 12 months immediately following the date on which
				  the permit was originally issued. Under this Paragraph the applicant and its
				  successor are jointly and severally obligated to reimburse the
				  office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 39 - General Requirements for Bonding of Surface Coal Mining and Reclamation Operations under Regulatory Program › Section XV-3901 - Requirement to File a Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. After a
				  permit application under Subpart 3 has been approved, but before a permit is
				  issued, the applicant shall file with the office, on a form prescribed and
				  furnished by the office, a bond or bonds for performance made payable to the
				  office and conditioned upon the faithful performance of all the requirements of
				  the Act, the regulatory program, the permit and the reclamation plan. The
				  amount, duration, form, conditions and terms of the performance bond shall
				  conform to Chapters 41 and 43.
B.
				  An operator shall not disturb surface acreage or extend any operations prior to
				  receipt of approval from the office of the performance bond covering the
				  surface acreage to be affected.
1. The bond
				  or bonds shall cover the entire permit area, or an identified increment of land
				  within the permit area upon which the operator will initiate and conduct
				  surface coal mining and reclamation operations during the initial term of the
				  permit.
2. As surface coal mining
				  and reclamation operations on succeeding increments are initiated and conducted
				  within the permit area, the permittee shall file with the office an additional
				  bond or bonds to cover such increments in accordance with this
				  Section.
3. The operator shall
				  identify the initial and successive areas or increments for bonding on the
				  permit application map submitted for approval as provided in the application
				  and shall specify the bond amount to be provided for each area or
				  increment.
4. Independent
				  increments shall be of sufficient size and configuration to provide for
				  efficient reclamation operations should reclamation by the office become
				  necessary pursuant to Chapter 47.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 39 - General Requirements for Bonding of Surface Coal Mining and Reclamation Operations under Regulatory Program › Section XV-3903 - Requirement to File a Certificate of Liability Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each applicant for a permit shall submit
				  to the office, as part of the permit application:
1. a certificate issued by an insurance
				  company authorized to do business in the United States; the amount, duration,
				  form, conditions and terms of this insurance shall conform to §4309;
				  or
2. evidence that it satisfies
				  applicable state or federal self-insurance requirements and that self-insurance
				  for liability is otherwise consistent with §4309
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 39 - General Requirements for Bonding of Surface Coal Mining and Reclamation Operations under Regulatory Program › Section XV-3905 - Office of Conservation Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall prescribe and furnish the
				  form for filing a performance bond.
B. The office shall prescribe terms and
				  conditions for performance bonds and insurance by regulations which meet, at a
				  minimum, the requirements of Chapters 41 and 43.
C. The office shall determine the amount of
				  the performance bond required for the permit area, including adjustments to the
				  initial amount from time-to-time as land acreages in the permit area are
				  revised, or when other relevant conditions change according to the minimum
				  requirements of §4101. A 1
D.
				  The office may not accept a self-bond in lieu of a surety or collateral bond,
				  unless the permittee meets the requirements of
				  §4305 and any
				  additional requirements in the program.
E. The office shall release the permittee
				  from his bond and insurance requirements consistent with Chapter 45.
F. The office shall cause all or part of a
				  bond to be forfeited consistent with Chapter 47.
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 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 41 - Amount and Duration of Performance Bond › Section XV-4101 - Determination of Bond Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  standard applied by the office in determining the amount of performance bond
				  shall be the estimated cost to the office if it had to perform the reclamation,
				  restoration and abatement work of a person who conducts surface coal mining and
				  reclamation operations under the Act, these regulations and the permit, and
				  such additional work as would be required to achieve compliance with the
				  general standards for revegetation in §5423. A.5 in the event the
				  permittee fails to implement an approved alternative post-mining land use plan
				  within the two years required by §5423. B.4 This amount shall be based
				  on, but not be limited to:
1. the estimated
				  costs submitted by the permittee in accordance with §2715;
2. the additional estimated costs to the
				  office which may arise from applicable public contracting requirements or the
				  need to bring personnel and equipment to the permit area after its abandonment
				  by the permittee to perform reclamation, restoration and abatement
				  work;
3. all additional estimated
				  costs necessary, expedient and incident to the satisfactory completion of the
				  requirements identified in this Section;
4. an additional amount based on factors of
				  cost changes during the preceding five years for the types of activities
				  associated with the reclamation to be performed;
5. such other cost information as may be
				  required by or available to the office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 41 - Amount and Duration of Performance Bond › Section XV-4103 - Minimum Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A. The amount
				  of the bond for surface coal mining and reclamation operations shall be
				  $10,000, at a minimum, for the entire area under one permit and be sufficient
				  to assure performance of reclamation, restoration and abatement work required
				  of a person who conducts surface coal mining and reclamation operations under
				  the Act, these regulations and the provisions of the permit, if the work had to
				  be performed by the office in the event of forfeiture.
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 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 41 - Amount and Duration of Performance Bond › Section XV-4105 - Period of Liability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Liability
				  under performance bond(s) applicable to a permit shall continue until all
				  reclamation, restoration and abatement work required of persons who conduct
				  surface coal mining and reclamation operations under requirements of the Act,
				  these regulations, the regulatory program and the provisions of the permit has
				  been completed, and the permit terminated by release of the permittee from any
				  further liability in accordance with Chapter 45.
B. In addition to the period necessary to
				  achieve compliance with all requirements of the Act, these regulations, the
				  regulatory program and the permit, including the standards for the success of
				  revegetation as required by §5423, the period of liability under
				  performance bond shall continue for a minimum period beginning with the last
				  year of augmented seeding, fertilizing, irrigation or other work. The minimum
				  period of liability shall continue for not less than five full years. The
				  period of liability shall begin again whenever augmented seeding, fertilizing,
				  irrigation or other work is required or conducted on the site prior to bond
				  release.
C. If the office approves
				  a long-term intensive agricultural post-mining land use, in accordance with
				  §5431, the applicable five-year period of liability shall commence at the
				  date of initial planting for such long-term intensive agricultural land
				  use.
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 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 41 - Amount and Duration of Performance Bond › Section XV-4107 - Adjustment of Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A. The amount
				  of the performance bond liability applicable to a permit shall be adjusted by
				  the office as the acreage in the permit area is revised, methods of mining
				  operation change, standards of reclamation change or when the cost of future
				  reclamation, restoration or abatement work changes. The office shall notify the
				  permittee, the surety and any person with a property interest in collateral
				  posted as bond of any proposed bond adjustment and provide the permittee an
				  opportunity for an informal conference on the adjustment. The office shall
				  review each outstanding performance bond at the time that permit reviews are
				  conducted under §3503, and re-evaluate those performance bonds in
				  accordance with the standards in §4101
B. A permittee may request reduction of the
				  required performance bond amount upon submission of evidence to the office
				  proving that the permittee's method of operation or other circumstances will
				  reduce the maximum estimated cost to the office to complete the reclamation
				  responsibilities and therefore warrant a reduction of the bond amount. The
				  request shall be considered as a request for partial bond release in accordance
				  with the procedures of Chapter 45.
C. In the event that an approved permit is
				  revised in accordance with §3505, the office shall review the bond for
				  adequacy and, if necessary, shall require adjustment of the bond to conform to
				  the permit as revised.
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 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section XV-4301 - Form of the Performance Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  form for the performance bond shall be prescribed by the office in accordance
				  with this Chapter. The office shall allow for either:
1. a surety bond;
2. a collateral bond; or
3. a self-bond.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section XV-4305 - Self-Bonding

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office may
				  accept a self-bond from an applicant for a permit if all of the following
				  conditions are met by the applicant or its parent corporation guarantor.
1. The applicant designates a suitable agent
				  to receive service of process in the state.
2. The applicant has been in continuous
				  operation as a business entity for a period of not less than five years.
				  Continuous operation shall mean that business was conducted over a period of
				  five years immediately preceding the time of application.
a. The office may allow a joint venture or
				  syndicate with less than five years of continuous operation to qualify under
				  this requirement, if each member of the joint venture or syndicate has been in
				  continuous operation for at least five years immediately preceding the time of
				  application.
b. When calculating
				  the period of continuous operation, the office may exclude past periods of
				  interruption to the operation of the business entity that were beyond the
				  applicant's control and that do not affect the applicant's likelihood of
				  remaining in business during the proposed surface coal mining and reclamation
				  operations.
3. The
				  applicant submits financial information in sufficient detail to show that the
				  applicant meets one of the following criteria:
a. the applicant has a current rating for its
				  most recent bond issuance of "A" or higher as issued by either Moody's Investor
				  Service or Standard and Poor's Corporation;
b. the applicant has a tangible net worth of
				  at least $10 million, a ratio of total liabilities to net worth of 2.5 times or
				  less, and a ratio of current assets to current liabilities of 1.2 times or
				  greater; or
c. the applicant's
				  fixed assets in the United States total at least $20 million, and the applicant
				  has a ratio of total liabilities to net worth of 2.5 times or less, and a ratio
				  of current assets to current liabilities of 1.2 times or greater.
4. The applicant submits:
a. financial statements for the most recently
				  completed fiscal year accompanied by a report prepared by an independent
				  certified public accountant in conformity with generally accepted accounting
				  principles and containing the accountant's audit opinion or review opinion of
				  the financial statements with no adverse opinion;
b. unaudited financial statements for
				  completed quarters in the current fiscal year; and
c. additional unaudited information as
				  requested by the office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section XV-4307 - Replacement of Bonds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office may
				  allow permittees to replace existing surety or collateral bonds with other
				  surety or collateral bonds, if the liability which has accrued against the
				  permittee on the permit area is transferred to such replacement
				  bonds.
B. The office may allow the
				  permittee to replace existing surety or collateral bonds with a self-bond,
				  provided that the permittee meets the requirements of self-bonding as provided
				  in §4305
C. The office shall
				  not release existing performance bonds until the permittee has submitted and
				  the office has approved acceptable replacement performance bonds. A replacement
				  of performance bonds pursuant to this Section shall not constitute a release of
				  bond under Chapter 45.
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 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 43 - Form, Conditions and Terms of Performance Bonds and Liability Insurance › Section XV-4309 - Terms and Conditions for Liability Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall require the applicant to
				  submit at the time of permit application a certificate issued by an insurance
				  company authorized to do business in the United States certifying that the
				  applicant has a public liability insurance policy in force for the surface coal
				  mining and reclamation operation for which the permit is sought. The
				  certificate shall provide for personal injury and property damage protection in
				  an amount adequate to compensate all persons injured or property damaged as a
				  result of surface coal mining and reclamation operations, including use of
				  explosives and damage to water wells, and entitled to compensation under the
				  applicable provisions of state law. Minimum insurance coverage for bodily
				  injury shall be $300,000 for each occurrence and $500,000 aggregate; and
				  minimum insurance coverage for property damage shall be $300,000 for each
				  occurrence and $500,000 aggregate.
B. The policy shall be maintained in full
				  force during the life of the permit or any renewal thereof, including
				  completion of all reclamation operations under these regulations.
C. The policy shall include a rider requiring
				  that the insurer notify the office whenever substantive changes are made in the
				  policy, including any termination or failure to renew.
D. The office may accept from the applicant,
				  in lieu of a certificate for public liability insurance policy, satisfactory
				  evidence from the applicant that it satisfies applicable state self-insurance
				  requirements.
NOTE: This Subsection will become effective only upon the
					 promulgation of regulations by the office or other appropriate state agency
					 regarding self-insurance requirements of the state of Louisiana and approval of
					 these regulations by the Secretary of Interior.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:901-932.
This Subsection will become effective only upon the
						promulgation of regulations by the office or other appropriate state agency
						regarding self-insurance requirements of the state of Louisiana and approval of
						these regulations by the Secretary of
						Interior.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 45 - Procedures, Criteria and Schedule for Release of Performance Bond › Section XV-4501 - Procedures for Seeking Release of Performance Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. Bond Release Application and Contents. The
				  permittee or any person authorized to act on his behalf may file an application
				  with the office for release of all or part of the performance bond.
1. Applications may only be filed at times or
				  seasons that allow the office to evaluate properly the reclamation operations
				  alleged to have been completed. The times or seasons appropriate for the
				  evaluation of certain types of reclamation shall be identified in the mining
				  and reclamation operations plan required in Subpart 3 of these regulations and
				  approved by the office.
2. The
				  application shall include copies of letters sent to adjoining property owners,
				  surface owners, local government bodies, planning agencies, and sewage and
				  water treatment facilities or water companies in the locality of the permit
				  area notifying them of the permittee's intention to seek release of performance
				  bond(s). These letters shall be sent before the permittee files the application
				  for release.
3. The permittee shall
				  include in the application for bond release a notarized statement which
				  certifies that all applicable reclamation activities have been accomplished in
				  accordance with the requirements of the Act, the regulatory program, and the
				  approved reclamation plan. Such certification shall be submitted for each
				  application or phase of bond release.
4. Within 30 days after filing the
				  application for release, the permittee shall submit proof of publication of the
				  advertisement required by §4501. B Such proof of publication shall be
				  considered part of the bond release application.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 45 - Procedures, Criteria and Schedule for Release of Performance Bond › Section XV-4503 - Criteria and Schedule for Release of Performance Bond

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office may release all or part of the
				  bond for the entire permit area or all or part of an incremental area if the
				  office is satisfied that all the reclamation or a phase of reclamation, as
				  defined in §4503 E, covered by the bond or portion thereof has been
				  accomplished.
B. The maximum
				  liability under performance bonds applicable to a permit which may be released
				  at any time prior to the release of all acreage from the permit or incremental
				  area shall be calculated by multiplying the ratio between the acreage on which
				  a reclamation phase has been completed and the total acreage in the permit or
				  incremental area, times the total liability under performance bonds applicable
				  to a permit, times:
1. six-tenths, if
				  reclamation Phase I has been completed;
2. one-fourth, if reclamation Phase II has
				  been completed.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 47 - Performance Bond Forfeiture Criteria and Procedures › Section XV-4701 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall
				  forfeit all or part of a bond for any permit where required or authorized by
				  §4705
B. The office may
				  withhold forfeiture, if the permittee and surety, if applicable, agree to a
				  compliance schedule to comply with the violations of the permit or bond
				  conditions.
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 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 47 - Performance Bond Forfeiture Criteria and Procedures › Section XV-4703 - Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the event
				  forfeiture of the bond is required by
				  §4701 and 4705,
				  the office shall:
1. send written
				  notification by certified mail, return receipt requested, to the permittee and
				  the surety on the bond, if applicable, of the office's determination to forfeit
				  all or part of the bond and the reasons for the forfeiture, including a finding
				  of the amount to be forfeited;
2.
				  advise the permittee and surety, if applicable, of the conditions under which
				  forfeiture may be avoided. Such conditions may include, but are not limited to:
a. agreement by the permittee or another
				  party to perform reclamation operations in accordance with a compliance
				  schedule which meets the conditions of the permit, the reclamation plan and the
				  regulatory program and a demonstration that such party has the ability to
				  satisfy the conditions; or
b. the
				  office may allow a surety to complete the reclamation plan, or the portion of
				  the reclamation plan applicable to the bonded phase or increment, if the surety
				  can demonstrate an ability to complete the reclamation in accordance with the
				  approved reclamation plan. Except where the office may approve partial release
				  authorized under Chapter 45, no surety liability shall be released until
				  successful completion of all reclamation under the terms of the permit,
				  including the applicable liability periods of §4105;
3. proceed in an action for collection on the
				  bond as provided by applicable laws for the collection of defaulted bonds or
				  other debts, consistent with this Section, for the amount forfeited, if an
				  appeal is not filed within a time established by the office and a stay of
				  collection issued by the hearing authority or such appeal is
				  unsuccessful;
4. if an appeal is
				  filed, defend the action;
5. use
				  funds collected from bond forfeiture to complete the reclamation plan, or
				  portion thereof, on the permit area or increment, to which bond coverage
				  applies.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 47 - Performance Bond Forfeiture Criteria and Procedures › Section XV-4705 - Criteria for Forfeiture

Current through Register Vol. 50, No. 6, June 20, 2024
A. A bond
				  shall be forfeited if the office finds that:
1. the permittee has violated any of the
				  terms or conditions of the bond; or
2. the permittee has failed to conduct the
				  surface mining and reclamation operations in accordance with the Act, the
				  conditions of the permit or these regulations within the time required by the
				  Act, these regulations and the permit; or
3. the permit for the area under bond has
				  been revoked, unless the operator assumes liability for completion of
				  reclamation work; or
4. the
				  permittee has failed to comply with a compliance schedule approved pursuant to
				  §4701 B
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations › Chapter 47 - Performance Bond Forfeiture Criteria and Procedures › Section XV-4707 - Determination of Forfeiture Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The office shall either:
1. determine the
				  amount of the bond to be forfeited on the basis of the estimated cost to the
				  office or its contractor to complete the reclamation plan and other regulatory
				  requirements in accordance with the Act, these regulations and the requirements
				  of the permit; or
2. forfeit the
				  entire amount of the bond for which liability is outstanding and deposit the
				  proceeds thereof in an interest-bearing escrow account for use in the payment
				  of all costs and administrative expenses associated with the conduct of
				  reclamation, restoration or abatement activities by the office. In the event
				  the amount of performance bond forfeited was more than the amount necessary to
				  complete reclamation, the unused funds shall be returned by the office to the
				  party from whom they were collected.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 49 - Permanent Program Performance Standards: General Provisions › Section XV-4901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall promulgate minimum coal exploration, development operations and surface
				  mining and reclamation operations performance standards and design
				  requirements.
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 5 - Permanent Program Performance Standards › Chapter 49 - Permanent Program Performance Standards: General Provisions › Section XV-4903 - Responsibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall ensure that performance standards and design requirements are implemented
				  and enforced.
B. Each person
				  conducting coal exploration, development operations or surface coal mining and
				  reclamation operations is responsible for complying with performance standards
				  and design requirements.
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 5 - Permanent Program Performance Standards › Chapter 51 - Permanent Program Performance Standards: Coal Exploration and Development Operations › Section XV-5101 - General Responsibility of Persons Conducting Coal Exploration or Development

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  person who conducts coal exploration or development which substantially
				  disturbs the natural land surface and in which 250 tons or less of coal are
				  removed shall apply for a permit required under
				  §2101 and shall
				  comply with §5105
B. Each
				  person who conducts coal exploration or development which substantially
				  disturbs the natural land surface and in which more than 250 tons of coal are
				  removed in the area described by the written approval from the office shall
				  comply with the procedures described in the exploration or development and
				  reclamation operations plan approved under
				  §2113 and shall
				  comply with §5105
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 5 - Permanent Program Performance Standards › Chapter 51 - Permanent Program Performance Standards: Coal Exploration and Development Operations › Section XV-5103 - Required Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person
				  who conducts coal exploration or development which substantially disturbs the
				  natural land surface and which removes more than 250 tons of coal shall, while
				  in the exploration or development area, possess written approval of the office
				  for the activities granted under §2111 The written approval shall be
				  available for review by the authorized representative of the office upon
				  request.
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 5 - Permanent Program Performance Standards › Chapter 51 - Permanent Program Performance Standards: Coal Exploration and Development Operations › Section XV-5107 - Commercial Use or Sale

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as
				  provided under §5107 B, any person who intends to commercially use or
				  sell coal extracted during coal exploration operations under an exploration
				  permit shall first obtain a permit to conduct surface coal mining operations
				  for those operations from the office under Chapters 17-29.
B. With the prior approval of the office, no
				  permit to conduct surface coal mining operations is required for the sale or
				  commercial use of coal extracted during exploration operations if such sale or
				  commercial use is for coal testing purposes only. The person conducting the
				  exploration shall file an application for such approval with the office. The
				  application shall demonstrate that the coal testing is necessary for the
				  development of a surface coal mining and reclamation operation for which a
				  surface coal mining operations permit application is to be submitted in the
				  near future, and that the proposed commercial use or sale of coal extracted
				  during exploration operations is solely for the purpose of testing the coal.
				  The application shall contain the following:
1. the name of the testing firm and the
				  locations at which the coal will be tested;
2. if the coal will be sold directly to, or
				  commercially used directly by, the intended end user, a statement from the
				  intended end user, or if the coal is sold indirectly to the intended end user
				  through an agent or broker, a statement from the agent or broker. The statement
				  shall include:
a. the specific reason for the
				  test, including why the coal may be so different from the intended user's other
				  coal supplies as to require testing;
b. the amount of coal necessary for the test
				  and why a lesser amount is not sufficient; and
c. a description of the specific tests that
				  will be conducted;
3.
				  evidence that sufficient reserves of coal are available to the person
				  conducting exploration, or its principals, for future commercial use or sale to
				  the intended end user, or agent or broker of such user identified above, to
				  demonstrate that the amount of coal to be removed is not the total reserve, but
				  is a sampling of a larger reserve;
4. an explanation as to why other means of
				  exploration, such as core drilling, are not adequate to determine the quality
				  of the coal and/or the feasibility of developing a surface coal mining
				  operation.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5301 - Signs and Markers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Specifications. Signs and markers required under this Chapter shall:
1. be posted and maintained by the person who
				  conducts the surface mining activities;
2. be of a uniform design throughout the
				  operation that can be easily seen and read;
3. be made of durable material; and
4. conform to local ordinances and
				  codes.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5303 - Casing and Sealing of Drilled Holes: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each exploration
				  hole, other drill or borehole, well or other exposed underground opening shall
				  be cased, sealed or otherwise managed, as approved by the office, to prevent
				  acid or other toxic drainage from entering the ground water or surface water,
				  to minimize disturbance to the prevailing hydrologic balance and to ensure the
				  safety of people, livestock, fish and wildlife, and machinery in the mine plan
				  and adjacent area. If these openings are uncovered or exposed by surface mining
				  activities within the permit area, they shall be permanently closed, unless
				  approved for water monitoring, or otherwise managed in a manner approved by the
				  office. Use of a drilled hole, borehole or monitoring well as a water well must
				  meet the provisions of §5341 This Section does not apply to holes solely
				  drilled and used for blasting.
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 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5305 - Casing and Sealing of Drilled Holes: Temporary

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each exploration or development hole,
				  other drill or borehole, well or other exposed underground opening which has
				  been identified in the approved permit application for use to return coal
				  processing waste or water to underground workings, or to be used to monitor
				  ground-water conditions, shall be temporarily sealed before use and protected
				  during use by barricades, fences or other protective devices approved by the
				  office. These devices shall be periodically inspected and maintained in good
				  operating condition by the person who conducts the surface mining
				  activities.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.