reglab/statecodes huggingface dataset:
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-5307 - Casing and Sealing of Drilled Holes: Permanent

Current through Register Vol. 50, No. 6, June 20, 2024
A. When no longer needed for monitoring or
				  other use approved by the office upon a finding of no adverse environmental or
				  health and safety effect, or unless approved for transfer as a water well under
				  §5341, each exploration hole, other drill or borehole, well or other
				  exposed underground opening shall be capped, sealed, backfilled or otherwise
				  properly managed, as required by the office, under
				  §5303 and
				  consistent with
				  30 CFR 75.1711.
				  Permanent closure measures shall be designed to prevent access to the mine
				  workings by people, livestock, fish and wildlife, and machinery, and to keep
				  acid or other toxic drainage from entering the ground water or surface
				  water.
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-5309 - Topsoil: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Before disturbance of an area, topsoil and subsoils to be saved under
				  §5311 shall be
				  separately removed and segregated from other material.
B. After removal, topsoil shall either be
				  immediately redistributed as required under
				  §5315 or
				  stockpiled pending redistribution as required under §5313
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-5311 - Topsoil: Removal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Timing.
				  Topsoil shall be removed after vegetative cover that would interfere with the
				  use of the topsoil is cleared from the areas to be disturbed, but before any
				  drilling, blasting, mining or other surface disturbance.
B. Materials to be Removed. All topsoil shall
				  be removed in a separate layer from the areas to be disturbed, unless use of
				  substitute or supplemental materials is approved by the office in accordance
				  with §5311. E If use of substitute or supplemental materials is approved,
				  all materials to be redistributed shall be removed.
C. Materials to be Removed in Thin Topsoil
				  Situations. If the topsoil is less than 6 inches, a 6-inch layer that includes
				  the A horizon and the unconsolidated materials immediately below the A horizon,
				  or the A horizon and all unconsolidated material if the total available is less
				  than 6 inches, shall be removed and the mixture segregated and redistributed as
				  the surface soil layer, unless topsoil substitutes are approved by the office
				  pursuant to §5311 E
D.
				  Subsoil Segregation. The B horizon and portions of the C horizon or other
				  underlying layers demonstrated to have qualities for comparable root
				  development shall be segregated and replaced as subsoil, if the office
				  determines that either of these is necessary or desirable to ensure soil
				  productivity consistent with the approved post-mining land use.
E. Topsoil Substitutes and Supplements
1. Selected overburden materials may be
				  substituted for or used as a supplement to topsoil, if the office determines
				  that the resulting soil medium is equal to or more suitable for sustaining
				  revegetation than is the available topsoil and the substitute material is the
				  best available to support revegetation. This determination shall be based on:
a. analysis of the thickness of soil
				  horizons, total depth, texture, percent coarse fragments, pH and areal extent
				  of the different kinds of soils. The office may also require that results of
				  fieldsite trials or greenhouse tests be used to demonstrate the feasibility of
				  using these overburden materials;
b. results of analyses, trials and tests
				  shall be submitted to the office. Certification of trials and tests shall be
				  made by a laboratory approved by the office stating that:
i. the proposed substitute material is equal
				  to or more suitable for sustaining the vegetation than is the available
				  topsoil;
ii. the substitute
				  material is the best available material to support the vegetation;
iii. the trials and tests were conducted
				  using standard testing procedures.
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-5313 - Topsoil: Storage

Current through Register Vol. 50, No. 6, June 20, 2024
A. Topsoil and
				  other materials removed under
				  §5311 shall be
				  stockpiled only when it is impractical to promptly redistribute such materials
				  on regraded areas.
B. Stockpiled
				  materials shall be selectively placed on a stable area within the permit area,
				  not disturbed, and protected from wind and water erosion, unnecessary
				  compaction and contaminants which lessen the capability of the materials to
				  support vegetation when redistributed.
1.
				  Protection measures shall be accomplished either by:
a. an effective cover of non-noxious,
				  quick-growing annual and perennial plants, seeded or planted during the first
				  normal period after removal for favorable planting conditions; or
b. other methods demonstrated to and approved
				  by the office to provide equal protection.
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-5315 - Topsoil: Redistribution

Current through Register Vol. 50, No. 6, June 20, 2024
A. After
				  final grading and before the replacement of topsoil and other materials
				  segregated in accordance with §5313, regraded land shall be scarified or
				  otherwise treated as required by the office to eliminate slippage surfaces and
				  to promote root penetration. If the person who conducts the surface mining
				  activities shows, through appropriate tests, and the office approves, that no
				  harm will be caused to the topsoil and vegetation, scarification may be
				  conducted after topsoiling.
B.
				  Topsoil and other materials shall be redistributed in a manner that:
1. achieves an approximate uniform, stable
				  thickness consistent with the approved post-mining land uses, contours and
				  surface water drainage system;
2.
				  prevents excess compaction of the topsoil; and
3. protects the topsoil from wind and water
				  erosion before and after it is seeded and planted.
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-5317 - Topsoil: Nutrients and Soil Amendments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nutrients and soil amendments in the
				  amounts determined by soil tests shall be applied to the redistributed surface
				  soil layer so that it supports the approved post-mining land use and meets the
				  revegetation requirements of §5417-5423 All soil tests shall be performed
				  by a qualified laboratory using standard methods 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 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5319 - Hydrologic Balance: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface mining activities shall be planned
				  and conducted to minimize disturbance of the hydrologic balance within the
				  permit and adjacent areas and to prevent material damage to the hydrologic
				  balance outside the permit area.
B.
				  Changes in water quality and quantity, in the depth to ground water, and in the
				  location of surface-water drainage channels shall be minimized so that the
				  approved post-mining land use of the permit area is not adversely
				  affected.
C. In no case shall
				  federal and state water quality statutes, regulations, standards or effluent
				  limitations be violated.
D.
				  Operations shall be conducted to minimize water pollution and, where necessary,
				  treatment methods shall be used to control water pollution.
1. Each person who conducts surface mining
				  activities shall emphasize mining and reclamation practices that prevent or
				  minimize water pollution. Changes in flow of drainage shall be used in
				  preference to the use of water treatment facilities.
2. Acceptable practices to control and
				  minimize water pollution include, but are not limited to:
a. stabilizing disturbed areas through land
				  shaping;
b. diverting
				  runoff;
c. achieving quickly
				  germinating and growing stands of temporary vegetation;
d. regulating channel velocity of
				  water;
e. lining drainage channels
				  with rock or vegetation;
f.
				  mulching; and
g. selectively
				  placing waste materials in backfill areas.
3. If the practices listed at §5319. D.2 are not adequate to meet the requirements of this Chapter, the person who
				  conducts surface mining activities shall operate and maintain the necessary
				  water treatment facilities for as long as treatment is required under this
				  Chapter.
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-5321 - Hydrologic Balance: Water Quality Standards and Effluent Limitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discharges of
				  water from areas disturbed by surface mining activities shall be made in
				  compliance with all applicable state and federal water quality laws and
				  regulations and with the effluent limitations for coal mining promulgated by
				  the U.S. Environmental Protection Agency set forth in 40 CFR Part
				  434.
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-5323 - Hydrologic Balance: Diversions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General Requirements
1. With the approval of
				  the office, any flow from mined areas abandoned before May 3, 1978, and any
				  flow from undisturbed areas or reclaimed areas, after meeting the criteria of
				  §5327 for
				  siltation structure removal, may be diverted from disturbed areas by means of
				  temporary or permanent diversions. All diversions shall be designed to minimize
				  adverse impacts to the hydrologic balance within the permit and adjacent areas,
				  to prevent material damage outside the permit area and to assure the safety of
				  the public. Diversions shall not be used to divert water into underground mines
				  without approval of the office under §5345
2. The diversion and its appurtenant
				  structures shall be designed, located, constructed, maintained and used to:
a. be stable;
b. provide protection against flooding and
				  resultant damage to life and property;
c. prevent, to the extent possible using the
				  best technology currently available, additional contributions of suspended
				  solids to streamflow outside the permit area; and
d. comply with all applicable local, state
				  and federal laws and regulations.
3. Temporary diversions shall be removed
				  promptly when no longer needed to achieve the purpose for which they were
				  authorized. The land disturbed by the removal process shall be restored in
				  accordance with this Chapter. Before diversions are removed, downstream
				  water-treatment facilities previously protected by the diversion shall be
				  modified or removed, as necessary, to prevent overtopping or failure of the
				  facilities. This requirement shall not relieve the operator from maintaining
				  water-treatment facilities as otherwise required. A permanent diversion or a
				  stream channel reclaimed after the removal of a temporary diversion shall be
				  designed and constructed so as to restore or approximate the premining
				  characteristics of the original stream channel including the natural riparian
				  vegetation to promote the recovery and the enhancement of the aquatic
				  habitat.
4. The office may specify
				  design criteria for diversions to meet the requirements of this
				  Section.
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-5325 - Hydrologic Balance: Sediment Control Measures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Appropriate sediment control measures
				  shall be designed, constructed and maintained using the best technology
				  currently available to:
1. prevent, to the
				  extent possible, additional contributions of sediment to streamflow or to
				  runoff outside the permit area;
2.
				  meet the more stringent of applicable state or federal effluent
				  limitations;
3. minimize erosion to
				  the extent possible.
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-5327 - Hydrologic Balance: Siltation Structures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions. For the purposes of this
				  Section only:
Disturbed Area
- shall not include those
					 areas:
a. in which the only surface
				  mining activities include diversion ditches, siltation structures or roads that
				  are designed, constructed and maintained in accordance with this Chapter;
				  and
b. for which the upstream area
				  is not otherwise disturbed by the operator.
Other Treatment Facilities
- any chemical
					 treatments, such as flocculation, or mechanical structures, such as clarifiers,
					 that have a point-source discharge and that are utilized to prevent additional
					 contributions of suspended solids to streamflow or runoff outside the permit
					 area.
Siltation Structure
- a sedimentation pond,
					 a series of sedimentation ponds or other treatment
					 facility.
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-5329 - Hydrologic Balance: Discharge Structures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Discharge from sedimentation ponds,
				  permanent and temporary impoundments, coal processing waste dams and
				  embankments, and diversions shall be controlled by energy dissipators, riprap
				  channels and other devices, where necessary, to reduce erosion, to prevent
				  deepening or enlargement of stream channels and to minimize disturbance of the
				  hydrologic balance. Discharge structures shall be designed according to
				  standard engineering-design procedures.
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-5331 - Hydrologic Balance: Acid-Forming and Toxic-Forming Spoil

Current through Register Vol. 50, No. 6, June 20, 2024
A. Drainage from acid-forming and
				  toxic-forming spoil into ground water and surface water shall be avoided by:
1. identifying, burying and treating, where
				  necessary, spoil which, in the judgment of the office, may be detrimental to
				  vegetation or may adversely affect water quality if not treated or
				  buried;
2. preventing water from
				  coming into contact with acid-forming and toxic-forming spoil in accordance
				  with §5409, and other measures as required by the office;
3. burying or otherwise treating all
				  acid-forming or toxic-forming spoil within 30 days after it is first exposed on
				  the mine site, or within a lesser period required by the office. Temporary
				  storage of the spoil may be approved by the office upon a finding that burial
				  or treatment within 30 days is not feasible and will not result in any material
				  risk or water pollution or other environmental damage. Storage shall be limited
				  to the period until burial or treatment first becomes feasible. Acid-forming or
				  toxic-forming spoil to be stored shall be placed on impermeable material and
				  protected from erosion and contact with surface water.
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-5335 - Hydrologic Balance: Ground-Water Protection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Backfilled materials shall be placed so as
				  to minimize contamination of ground-water systems with acid, toxic or otherwise
				  harmful mine drainage, to minimize adverse effects of mining on ground-water
				  systems outside the permit area, and to support approved post-mining land
				  uses.
B. To control the effects of
				  mine drainage, pits, cuts and other mine excavations or disturbances shall be
				  located, designed, constructed and utilized in such manner as to prevent or
				  control discharge of acid, toxic or otherwise harmful mine drainage waters into
				  ground-water systems and to prevent adverse impacts on such ground-water
				  systems or on 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 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5337 - Hydrologic Balance: Protection of Ground-Water Recharge Capacity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface mining
				  activities shall be conducted in a manner that facilitates reclamation which
				  will restore approximate premining recharge capacity, through restoration of
				  the capability of the reclaimed areas as a whole, excluding coal processing
				  waste and underground development waste disposal areas and fills, to transmit
				  water to the ground-water system. The recharge capacity shall be restored to a
				  condition which:
1. supports the approved
				  post-mining land use;
2. minimizes
				  disturbances to the prevailing hydrologic balance in the mine plan area and in
				  adjacent areas; and
3. provides a
				  rate of recharge that approximates the premining recharge rate.
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-5339 - Hydrologic Balance: Surface- and Ground-Water Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. Ground-Water Monitoring
1. Ground-water monitoring shall be conducted
				  according to the ground-water monitoring plan approved under §2719 The
				  office may require additional monitoring when necessary.
2. Ground-water monitoring data shall be
				  submitted every three months to the office or more frequently as prescribed by
				  the office. Monitoring reports shall include analytical results from each
				  sample taken during the reporting period. When the analysis of any ground-water
				  sample indicates noncompliance with the permit conditions, the operator shall
				  promptly notify the office and immediately take the actions provided for in
				  §2717
3. Ground-water
				  monitoring shall proceed through mining and continue during reclamation until
				  bond release. The office may modify the monitoring requirements, including the
				  parameters covered and the sampling frequency, if the operator demonstrates,
				  using the monitoring data obtained under this Paragraph, that:
a. the operator has minimized disturbance to
				  the hydrologic balance in the permit and adjacent areas and prevented material
				  damage to the hydrologic balance outside the permit area; water quantity and
				  quality are suitable to support approved post-mining land uses; and the water
				  rights of other users have been protected or replaced; or
b. monitoring is no longer necessary to
				  achieve the purposes set forth in the monitoring plan approved under
				  §2719
4.
				  Equipment, structures and other devices used in conjunction with monitoring the
				  quality and quantity of ground water onsite and offsite shall be properly
				  installed, maintained and operated and shall be removed by the operator when no
				  longer needed.
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-5341 - Hydrologic Balance: Transfer of Wells

Current through Register Vol. 50, No. 6, June 20, 2024
A. An exploratory or monitoring well may only
				  be transferred by the person who conducts surface mining activities for further
				  use as a water well with the prior approval of the office. That person and the
				  surface owner of the lands where the well is located shall jointly submit a
				  written request to the office for that approval.
B. Upon an approved transfer of a well, the
				  transferee shall:
1. assume primary liability
				  for damages to persons or property from the well;
2. plug the well when necessary, but in no
				  case later than abandonment of the well; and
3. assume primary responsibility for
				  compliance with §5303-5307 with respect to the well.
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-5343 - Hydrologic Balance: Water Rights and Replacement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who conducts surface mining
				  activities shall replace the water supply of an owner of interest in real
				  property who obtains all or part of his or her supply of water for domestic,
				  agricultural, industrial or other legitimate use from an underground or surface
				  source, where the water supply has been affected by contamination, diminution
				  or interruption proximately resulting from the 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 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5345 - Hydrologic Balance: Discharge of Water into an Underground Mine

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface water
				  shall not be diverted or otherwise discharged into underground mine workings,
				  unless the person who conducts the surface mining activities demonstrates to
				  the office that this will:
1. abate water
				  pollution or otherwise eliminate public hazards resulting from surface mining
				  activities;
2. be discharged as a
				  controlled flow, meeting the effluent limitations of
				  §5321 for pH
				  and total suspended solids, except that the pH and total suspended solid
				  limitations may be exceeded, if approved by the office, and is limited to:
a. coal processing waste;
b. fly ash from a coal-fired
				  facility;
c. sludge from an acid
				  mine drainage treatment facility;
d. flue gas desulfurization sludge;
e. inert materials used for stabilizing
				  underground mines; or
f.
				  underground mine development wastes;
3. in any event, the discharge from
				  underground mines to surface waters will not cause, result in or contribute to
				  a violation of applicable water quality standards or effluent
				  limitations;
4. minimize
				  disturbance to the hydrologic balance on the permit area, prevent material
				  damage outside the permit area and otherwise eliminate public hazards resulting
				  from surface mining activities; and
5. meets with the approval of the Mine Safety
				  and Health Administration.
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-5347 - Hydrologic Balance: Post-Mining Rehabilitation of Sedimentation Ponds, Diversions, Impoundments and Treatment Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before abandoning a permit area or seeking
				  bond release, the operator shall ensure that all temporary structures are
				  removed and reclaimed, and that all permanent sedimentation ponds, diversions,
				  impoundments and treatment facilities meet the requirements of this Chapter for
				  permanent structures and impoundments. The operator shall renovate such
				  structures if necessary to meet the requirements of this Chapter and to conform
				  to the approved reclamation plan.
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-5349 - Hydrologic Balance: Stream Buffer Zones

Current through Register Vol. 50, No. 6, June 20, 2024
A. No land within 100 feet of a perennial
				  stream or an intermittent stream shall be disturbed by surface mining
				  activities, unless the office specifically authorizes surface mining activities
				  closer to, or through, such a stream. The office may authorize such activities
				  only upon finding:
1. surface mining
				  activities will not cause or contribute to the violation of applicable state or
				  federal water quality standards, and will not adversely affect the water
				  quantity and quality or other environmental resources of the stream;
				  and
2. if there will be a temporary
				  or permanent stream-channel diversion, it will comply with §5323
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-5351 - Coal Recovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface
				  mining activities shall be conducted so as to maximize the utilization and
				  conservation of the coal, while utilizing the best appropriate technology
				  currently available to maintain environmental integrity, so that reaffecting
				  the land in the future through surface coal mining operations is
				  minimized.
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-5353 - Use of Explosives: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each operator shall comply with all
				  applicable state and federal laws and regulations in the use of
				  explosives.
B. Blasts that use more
				  than five pounds of explosive or blasting agent shall be conducted according to
				  the schedule required under §5357
C. Blasters
1. All blasting operations in the state shall
				  be conducted under the direction of a certified blaster and in accordance with
				  Policy Statement No. PS-1 entitled "Blasters Certification Requirements,
				  Surface Coal Mining and Reclamation Operations." All such blasting operations
				  in the state shall be conducted by competent, experienced persons who
				  understand the hazards involved.
2.
				  Certificates of blaster certification shall be carried by blasters or shall be
				  on file at the permit area during blasting operations.
3. A blaster and at least one other person
				  shall be present at the firing of a blast.
4. Any blaster who is responsible for
				  conducting blasting operations at a blasting site shall:
a. be familiar with the blasting plan and
				  site-specific performance standards; and
b. give direction and on-the-job training to
				  persons who are not certified and who are assigned to the blasting crew or
				  assist in the use of explosives.
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-5355 - Use of Explosives: Preblasting Survey

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least 30 days before initiation of
				  blasting the operator shall notify, in writing, all residents or owners of
				  dwellings or other structures located within 1/2 mile of the blast area how to
				  request a preblasting survey.
B. A
				  resident or owner of a dwelling or structure within 1/2 mile of any part of the
				  permit area may request a preblasting survey. This request shall be made, in
				  writing, directly to the operator or to the office, who shall promptly notify
				  the operator. The operator shall promptly conduct a preblasting survey of the
				  dwelling or structure and promptly prepare a written report of the survey. An
				  updated survey of any additions, modifications or renovations shall be
				  performed by the operator if requested by the resident or owner.
C. The operator shall determine the condition
				  of the dwelling or structure and shall document any preblasting damage and
				  other physical factors that could reasonably be affected by the blasting.
				  Structures such as pipelines, cables, transmission lines, and cisterns, wells
				  and other water systems warrant special attention. However, the assessment of
				  these structures may be limited to surface conditions and other readily
				  available data.
D. The written
				  report of the survey shall be signed by the person who conducted the survey.
				  Copies of the report shall be promptly provided to the office and to the person
				  requesting the survey. If the person requesting the survey disagrees with the
				  contents and/or recommendations contained therein, he or she may submit to both
				  the operator and the office a detailed description of the specific areas of
				  disagreement.
E. Any surveys
				  requested more than 10 days before the planned initiation of blasting shall be
				  completed by the operator before the initiation of 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-5357 - Use of Explosives: Blasting Schedule

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Requirements
1. The operator shall conduct blasting
				  operations at times approved by the office and announced in the blasting
				  schedule. The office may limit the area covered, timing, and sequence of
				  blasting as listed in the schedule, if such limitations are necessary and
				  reasonable in order to protect the public health and safety or
				  welfare.
2. All blasting shall be
				  conducted between sunrise and sunset, unless nighttime blasting is approved by
				  the office based upon a showing by the operator that the public will be
				  protected from adverse noise and other impacts. The office may specify more
				  restrictive time periods for blasting.
3. Unscheduled blasts may be conducted only
				  where public or operator health and safety so require and for emergency
				  blasting actions. When an operator conducts an unscheduled blast, the operator,
				  using audible signals, shall notify residents within 1/2 mile of the blasting
				  site and document the reason for the unscheduled blast in accordance with
				  §5363. A 16.
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-5359 - Use of Explosives: Blasting Signs, Warnings and Access Control

Current through Register Vol. 50, No. 6, June 20, 2024
A. Blasting Signs.
				  Blasting signs shall meet the specifications of §5301 The operator shall:
1. conspicuously place signs reading
				  "Blasting Area" along the edge of any blasting area that comes within 100 feet
				  of any public road right-of-way, and at the point where any other road provides
				  access to the blasting area; and
2.
				  at all entrances to the permit area from public roads or highways, place
				  conspicuous signs which state "Warning! Explosives in Use", which clearly list
				  and describe the meaning of the audible blast warning and all-clear signals
				  that are in use, and which explain the marking of blasting areas and charged
				  holes awaiting firing within the permit area.
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-5361 - Use of Explosives: Control of Adverse Effects

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Requirements. Blasting shall be
				  conducted to prevent injury to persons, damage to public or private property
				  outside the permit area, adverse impacts on any underground mine, and change in
				  the course, channel or availability of surface water or ground water outside
				  the permit area.
B. Airblast
1. Limits
a. Airblast shall not exceed the maximum
				  limits listed below at the location of any dwelling, public building, school,
				  church, community or institutional building outside the permit area, except as
				  provided in §5361 E
Lower Frequency Limit
of Measuring System,
in Hz (+/- 3 dB)
Maximum
Level
(in dB)
0.1 Hz or lower-flat response 
								1
134 peak
2 Hz or lower-flat response
133 peak
6 Hz or lower-flat response
129 peak
C-weighted-slow response n 
								1
105 peak dBC
1  Only when approved by the
					 office.
b. If necessary to
				  prevent damage, the office shall specify lower maximum allowable airblast
				  levels than those of §5361. B.1.a for use in the vicinity of a specific
				  blasting 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-5363 - Use of Explosives: Records of Blasting Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The operator shall retain a record of all
				  blasts for at least three years. Upon request, copies of these records shall be
				  made available to the office and to the public for inspection. Such records
				  shall contain the following data:
1. name of
				  the operator conducting the blast;
2. location, date and time of the
				  blast;
3. name, signature and
				  certification number of the blaster conducting the blast;
4. identification, direction and distance, in
				  feet, from the nearest blast hole to the nearest dwelling, public building,
				  school, church, community or institutional building outside the permit area,
				  except those described in §5361 E;
5. weather conditions, including those which
				  may cause possible adverse blasting effects;
6. type of material blasted;
7. sketches of the blast pattern including
				  number of holes, burden, spacing, decks and delay pattern;
8. diameter and depth of holes;
9. types of explosives used;
10. total weight of explosives used per
				  hole;
11. the maximum weight of
				  explosives detonated in an 8-millisecond period;
12. initiation system;
13. type and length of stemming;
14. mats or other protections used;
15. seismographic and airblast records, if
				  required, which shall include:
a. type of
				  instrument, sensitivity and calibration signal or certification of annual
				  calibration;
b. exact location of
				  instrument and the date, time and distance from the blast;
c. name of the person and firm taking the
				  reading;
d. name of the person and
				  firm analyzing the seismographic record; and
e. the vibration and/or airblast level
				  recorded;
16. reasons
				  and conditions for each unscheduled blast.
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-5365 - Disposal of Excess Spoil: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Spoil not required to achieve the
				  approximate original contour within the area where overburden has been removed
				  shall be hauled, or conveyed to, and placed in designated disposal areas within
				  a permit area, if the disposal areas are authorized for such purposes in the
				  approved permit application in accordance with §5365-5371 The spoil shall
				  be placed in a controlled manner to ensure:
1. that leachate and surface runoff from the
				  fill will not degrade surface water or ground water or exceed the effluent
				  limitations of §5321;
2.
				  stability of the fill; and
3. that
				  the land mass designated as the disposal area is suitable for reclamation and
				  revegetation compatible with the natural surroundings.
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-5369 - Disposal of Excess Spoil: Head-of-Hollow Fills

Current through Register Vol. 50, No. 6, June 20, 2024
A. Disposal of spoil in the head-of-hollow
				  fill shall meet all standards set forth in
				  §5365 and the
				  additional requirements of this Section.
1.
				  The fill shall be designed to completely fill the disposal site to the
				  approximate elevation of the ridgeline. A rock-core chimney drain may be
				  utilized instead of the subdrain and surface diversion system required for
				  valley fills. If the crest of the fill is not approximately at the same
				  elevation as the low point of the adjacent ridgeline, the fill must be designed
				  as specified in
				  §5367 with diversion of runoff around the fill. A
				  fill associated with contour mining and placed at or near the coal seam, and
				  which does not exceed 250,000 cubic yards, may use the rock-core chimney
				  drain.
2. The alternative rock-core
				  chimney drain system shall be designed and incorporated into the construction
				  of head-of-hollow fills as follows.
a. The
				  fill shall have, along the vertical projection of the main buried stream
				  channel or rill, a vertical core of durable rock at least 16 feet thick which
				  shall extend from the toe of the fill to the head of the fill, and from the
				  base of the fill to the surface of the fill. A system of lateral rock
				  underdrains shall connect this rock core to each area of potential drainage or
				  seepage in the disposal area. Rocks used in the rock core and underdrains shall
				  meet the requirements of §5367. A 2
b. A filter system to ensure the proper
				  functioning of the rock core shall be designed and constructed using standard
				  geotechnical engineering methods.
c. The grading may drain surface water away
				  from the outslope of the fill and toward the rock core. The maximum slope of
				  the top of the fill shall be 1v:33h (3 percent). Instead of the requirements of
				  §5365 G, a drainage pocket may be maintained at the head of the fill
				  during and after construction, to intercept surface runoff and discharge the
				  runoff through or over the rock drain, if stability of the fill is not
				  impaired. In no case shall this pocket or sump have a potential for impounding
				  more than 10,000 cubic feet of water. Terraces on the fill shall be graded with
				  a 3 to 5 percent grade toward the fill and a 1 percent slope toward the rock
				  core.
3. The drainage
				  control system shall be capable of passing safely the runoff from a 100-year,
				  6-hour precipitation event, or larger event specified by the office.
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-5371 - Disposal of Excess Spoil: Durable Rock Fills

Current through Register Vol. 50, No. 6, June 20, 2024
A. In lieu of the requirements of
				  §5367 and 5369,
				  the office may approve alternate methods for disposal of hard rock spoil,
				  including fill placement of dumping in a single lift, on a site specific basis,
				  provided the services of a registered professional engineer experienced in the
				  design and construction of earth and rockfill embankments are utilized and
				  provided the requirements of this Section and
				  §5365 are met.
				  For this Section, hard rock spoil shall be defined as rockfill consisting of at
				  least 80 percent by volume of durable, non-acid- and non-toxic-forming rock
				  (e.g., sandstone or limestone) that does not slake in water and will not
				  degrade to soil material. Resistance of the hard rock spoil to slaking shall be
				  determined by using the slake index and slake durability tests in accordance
				  with guidelines and criteria established by the office.
1. Spoil is to be transported and placed in a
				  specified and controlled manner which will ensure stability of the fill.
a. The method of spoil placement shall be
				  designed to ensure mass stability and prevent mass movement in accordance with
				  the additional requirements of this Section.
b. Loads of noncemented clay shale and/or
				  clay spoil in the fill shall be mixed with hard rock spoil in a controlled
				  manner to limit on a unit basis concentrations of noncemented clay shale and
				  clay in the fill. Such materials shall comprise no more than 20 percent of the
				  fill volume as determined by tests performed by a registered engineer and
				  approved by the office.
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-5373 - Protection of Underground Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  No surface coal mining activities shall be conducted closer than 500 feet to
				  any point of either an active or abandoned underground mine, except to the
				  extent that:
1. the nature, timing and
				  sequence of the operations are jointly approved by the office, the Mine Safety
				  and Health Administration, and the state agency, if any, responsible for the
				  safety of mine workers; and
2. the
				  activities result in improved resource recovery, abatement of water pollution,
				  or elimination of hazards to the health and safety of the public.
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-5375 - Coal Processing Waste Banks: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. All coal processing waste shall be hauled
				  or conveyed and placed in new and existing disposal areas approved by the
				  office for this purpose. These areas shall be within a permit area. The
				  disposal area shall be designed, constructed and maintained in accordance with
				  §5365 and 5367,
				  this Section, and §§5377-5387, and to prevent combustion.
B. Coal processing waste materials from
				  activities located outside a permit area, such as those activities at other
				  mines or abandoned mine waste piles may be disposed of in the permit area only
				  if approved by the office. Approval shall be based on the showing by the person
				  who conducts surface mining activities in the permit area, using hydrologic,
				  geotechnical, physical and chemical analysis, that disposal of these materials
				  does not:
1. adversely affect water quality,
				  water flow or vegetation;
2. create
				  public health hazards; or
3. cause
				  instability in the disposal areas.