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-2111 - General Requirements: Development Operations Involving Removal of More Than 250 Tons

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  development operation will involve the removal of more than 250 tons of coal,
				  but in no event exceed the removal of more than 25,000 tons of coal or 10
				  surface acres of overburden, the application shall contain the following:
1. the name, address and telephone number of
				  the applicant;
2. the name, address
				  and telephone number of the representative of the applicant who will be present
				  at and be responsible for conducting the development;
3. a development and reclamation operation
				  plan, including:
a. a narrative description of
				  the proposed development area, cross-referenced to the map required under
				  §2111. A 5, including surface topography; geological, surface water, and
				  other physical features; vegetative cover, the distribution and important
				  habitats of fish, wildlife, and plants including, but not limited to, any
				  endangered or threatened species listed pursuant to the Endangered Species Act
				  of 1973 (U.S.C. Sec. 1531 et seq.); districts, sites, buildings, structures or
				  objects listed on or eligible for listing on the National Register of Historic
				  Places; known archaeological resources within the proposed exploration area;
				  and any other information which the office may require regarding known or
				  unknown historic or archaeological resources;
b. a narrative description of the methods to
				  be used to conduct coal development and reclamation including, but not limited
				  to, the types and uses of equipment, drilling, blasting, road or other access
				  route construction and excavated earth and other debris disposal
				  activities;
c. an estimated
				  timetable for conducting and completing each phase of the development and
				  reclamation;
d. the estimated
				  amounts of coal to be removed and a description of the methods to be used to
				  determine those amounts;
e. a
				  statement of why extraction of more than 250 tons of coal is necessary for
				  development operations; and
f. a
				  description of the measures to be used to comply with the applicable
				  requirements of §915 of the Act and these regulations;
4. the name and address of the
				  owner of record of the surface and subsurface area to be developed;
5. a map at a scale of 1:24,000 or larger
				  showing the areas of land to be substantially disturbed by the proposed
				  development and reclamation. The map shall specifically show existing roads,
				  occupied dwellings and pipelines; proposed location of trenches, roads and
				  other access routes and structures to be constructed; the location of land
				  excavations to be conducted; water or coal exploratory holes and wells to be
				  drilled or altered; earth or debris disposal areas; existing bodies of surface
				  water; historic, topographic, cultural and drainage features; and habitats of
				  any endangered or threatened species listed pursuant to the Endangered Species
				  Act of 1973 (16
				  U.S.C. 1531 et seq.);
6. 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 development and
				  reclamation;
7. a bond in an amount
				  determined by the commissioner to be sufficient to insure performance of the
				  duty to reclaim as otherwise determined from the disclosures in this
				  Section.
8. for any lands listed in
				  §1105, a demonstration that, to the extent technologically and
				  economically feasible, the proposed exploration activities have been designed
				  to minimize interference with the values for which those lands were designated
				  as unsuitable for surface coal mining operations. The application must include
				  documentation of consultation with the owner of the feature causing the land to
				  come under the protection of §1105, and, when applicable, with the agency
				  with primary jurisdiction over the feature with respect to the values that
				  caused the land to come under the protection of §1105