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 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2529 - Vegetation Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  permit application shall contain a map that delineates existing vegetative
				  types and a description of the plant communities within the proposed permit
				  area and within any proposed reference area. This description shall include
				  information adequate to predict the potential for reestablishing
				  vegetation.
B. Sufficient adjacent
				  areas shall be included on the map or aerial photograph to allow evaluation of
				  vegetation as important habitat for fish and wildlife for those species of fish
				  and wildlife identified under §2713
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2531 - Soil Resources Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  applicant shall provide adequate soil survey information of the permit area
				  consisting of the following: a map delineating different soils; soil
				  identification; soil description; and present and potential productivity of
				  existing soils.
B. Where the
				  applicant proposes to use selected overburden materials as a supplement or
				  substitute for topsoil, the application shall provide results of the analyses,
				  trials and tests required under §5311
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2533 - Land-Use Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall contain a statement of the condition, capability and
				  productivity of the land within the proposed permit area, including:
1. a map and supporting narrative of the uses
				  of the land existing at the time of the filing of the application. If the
				  premining use of the land was changed within five years before the anticipated
				  date of beginning the proposed operations, the historic use of the land shall
				  also be described;
2. a narrative
				  of land capability and productivity, which analyzes the land-use description
				  under §2533. A in conjunction with other environmental resources
				  information required under this Chapter. The narrative shall provide analyses
				  of:
a. the capability of the land before any
				  mining to support a variety of uses, giving consideration to soil and
				  foundation characteristics, topography, vegetative cover and the hydrology of
				  the proposed permit area; and
b.
				  the productivity of the proposed permit area before mining, expressed as
				  average yield of food, fiber, forage or wood products from such lands obtained
				  under high levels of management. The productivity shall be determined by yield
				  data or estimates for similar sites based on current data from the United
				  States Department of Agriculture, state agricultural universities or
				  appropriate state natural resource or agricultural agencies.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2535 - Maps: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  permit application shall include maps showing:
1. all boundaries of lands and names of
				  present owners of record of those lands, both surface and subsurface, included
				  in or contiguous to the permit area;
2. the boundaries of land within the proposed
				  permit area upon which the applicant has the legal right to enter and begin
				  surface mining activities;
3. the
				  boundaries of all areas proposed to be affected over the estimated total life
				  of the proposed surface mining activities, with a description of size, sequence
				  and timing of the mining of subareas for which it is anticipated that
				  additional permits will be sought;
4. the location of all buildings on and
				  within 1,000 feet of the proposed permit area, with identification of the
				  current use of the buildings;
5.
				  the location of surface and subsurface man-made features within, passing
				  through or passing over the proposed permit area including, but not limited to,
				  major electric transmission lines, pipelines and agricultural drainage tile
				  fields;
6. the location and
				  boundaries of any proposed reference areas for determining the success of
				  revegetation;
7. the locations of
				  water supply intakes for current users of water flowing into, out of, and
				  within a hydrologic area defined by the office, and those surface waters which
				  will receive discharges from affected areas in the proposed mine plan
				  area;
8. each public road located
				  in or within 100 feet of the proposed permit area;
9. the boundaries of any public park and
				  locations of any cultural or historical resources listed or eligible for
				  listing in the National Register of Historic Places and known archaeological
				  sites within the mine plan or adjacent areas;
10. each public or private cemetery or Indian
				  burial ground located in or within 100 feet of the proposed permit
				  area;
11. any land within the
				  proposed mine plan area and adjacent area which is within the boundaries of any
				  units of the National System of Trails or the Wild and Scenic Rivers System,
				  including study rivers designated under §5(a) of the Wild and Scenic
				  Rivers Act or the Louisiana Scenic Rivers Act; and
12. other relevant information required by
				  the office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2537 - Cross-Sections, Maps and Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall include cross-sections, maps and plans showing:
1. elevations and locations of test borings
				  and core samplings;
2. elevations
				  and locations of monitoring stations used to gather data for water quality and
				  quantity, fish and wildlife, and air quality, if required, in preparation of
				  the application;
3. nature, depth
				  and thickness of the coal seams to be mined, any coal or rider seams above the
				  seam to be mined, each stratum of the overburden, and the stratum immediately
				  below the lowest coal seam to be mined;
4. all coal crop lines and the strike and dip
				  of the coal to be mined within the proposed mine plan area;
5. location and extent of known workings of
				  active, inactive or abandoned underground mines, including mine openings to the
				  surface within the proposed mine plan and adjacent areas;
6. location and extent of subsurface water,
				  if encountered, within the proposed mine plan or adjacent areas;
7. location of surface-water bodies such as
				  streams, lakes, ponds, springs, constructed or natural drains and irrigation
				  ditches within the proposed mine plan and adjacent areas;
8. location and extent of existing or
				  previously surface-mined areas within the proposed mine plan area;
9. location and dimensions of existing areas
				  of spoil, waste and noncoal waste disposal, dams, embankments, other
				  impoundments, and water treatment and air pollution control facilities within
				  the proposed permit area;
10.
				  location, and depth if available, of gas and oil wells within the proposed
				  permit area and water wells in the mine plan area and adjacent area;
11. maps, plans and cross-sections included
				  in a permit application which are required by this Section shall be prepared by
				  or under the direction of and certified by a qualified registered professional
				  engineer or professional geologist, with assistance from experts in related
				  fields such as land surveying and landscape architecture and shall be updated
				  as required by the office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 25 - Surface Mining Permit Applications: Minimum Requirements for Information on Environmental Resources › Section XV-2539 - Prime Farmland Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  permit applications, whether or not prime farmland is present, shall include
				  the results of a reconnaissance inspection of the proposed permit area to
				  indicate whether prime farmland exists. The office, in consultation with the
				  U.S. Soil Conservation Service, shall determine the nature and extent of the
				  required reconnaissance inspection.
B. Land shall not be considered prime
				  farmland where the applicant can demonstrate one of the following:
1. the land has not been historically used as
				  cropland;
2. the slope of the land
				  is 10 percent or greater;
3. other
				  factors exist, such as a very rocky surface, or the land is frequently flooded
				  during the growing season, more often than once in two years, and the flooding
				  has reduced crop yields;
4. on the
				  basis of a soil survey of lands within the mine plan area, there are no soil
				  map units that have been designated prime farmland by the United States Soil
				  Conservation Service.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2701 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				  responsibility of the applicant to provide to the office the information
				  required by this Chapter, except where specifically exempted in this
				  Chapter.
B. It is the
				  responsibility of state and federal governmental agencies to provide
				  information to the office where specifically required in this
				  Chapter.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2703 - Operation Plan: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain a
				  description of the mining operations proposed to be conducted during the life
				  of the mine within the proposed mine plan area including, at a minimum, the
				  following:
1. a narrative description of the
				  type and method of coal mining procedures and proposed engineering techniques,
				  anticipated annual and total production of coal, by tonnage, and the major
				  equipment to be used for all aspects of those operations;
2. a narrative explaining the construction,
				  modification, use, maintenance, and removal of the following facilities (unless
				  retention of such facilities is necessary for post-mining land use as specified
				  in §5431):
a. dams, embankments and
				  other impoundments;
b. overburden
				  and topsoil handling and storage areas and structures;
c. coal removal, handling, storage, cleaning,
				  and transportation areas and structures;
d. spoil, coal processing waste, and noncoal
				  waste removal, handling, storage, transportation, and disposal areas and
				  structures;
e. mine facilities;
				  and
f. water and air pollution
				  control facilities.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2705 - Operation Plan: Existing Structures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application shall contain a
				  description of each existing structure proposed to be used in connection with
				  or to facilitate the surface coal mining and reclamation operation. The
				  description shall include:
1.
				  location;
2. plans of the structure
				  which describe its current condition;
3. approximate dates on which construction of
				  the existing structure was begun and completed; and
4. a showing, including relevant monitoring
				  data or other evidence, whether the structure meets the performance standards
				  of Subpart 5 (Permanent Program Performance Standards).
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2707 - Operation Plan: Blasting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  application shall contain a blasting plan for the proposed permit area
				  explaining how the applicant intends to comply with the requirements of
				  §5353-5363 and including the following:
1. information setting forth the limitations
				  the operator will meet with regard to ground vibration and airblast, the bases
				  for those limitations, and the methods to be applied in controlling the adverse
				  effects of blasting operations;
2.
				  types and approximate amounts of explosives to be used for each type of
				  blasting operation to be conducted;
3. description of procedures and plans for
				  recording and retention of information on the following during blasting:
a. drilling patterns, including size, number,
				  depths and spacing of holes;
b.
				  charge and packing of holes;
c.
				  types of fuses and detonation controls; and
d. sequence and timing of firing
				  holes;
4. description of
				  blasting warning and site access control equipment and procedures;
5. description of types, capabilities,
				  sensitivities and locations of use of any blast monitoring equipment and
				  procedures proposed to be used;
6.
				  description of plans for recording and reporting to the office the results of
				  preblasting surveys, if required;
7. description of unavoidable hazardous
				  conditions for which deviations from the blasting schedule will be needed under
				  §5357. A 3;
8. blasting
				  operations within 500 feet of active underground mines require approval of the
				  state and federal regulatory authorities concerned with the health and safety
				  of underground miners.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2709 - Operation Plan: Maps and Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each application shall contain maps and plans of the proposed mine plan and
				  adjacent areas as follows.
1. The maps and
				  plans shall show the lands proposed to be affected throughout the operation and
				  any change in a facility or feature to be caused by the proposed operations, if
				  the facility or feature was shown under §2535-2537
2. The following shall be shown for the
				  proposed permit area unless specifically required for the mine plan area or
				  adjacent area by the requirements of this Section:
a. buildings, utility corridors and
				  facilities to be used;
b. the area
				  of land to be affected within the proposed mine plan area, according to the
				  sequence of mining and reclamation;
c. each area of land for which a performance
				  bond or other equivalent guarantee will be posted under Subpart 4;
d. each coal storage, cleaning and loading
				  area;
e. each topsoil, spoil, coal
				  waste and noncoal waste storage area;
f. each water diversion, collection,
				  conveyance, treatment, storage and discharge facility to be used;
g. each air pollution collection and control
				  facility;
h. each source of waste
				  and each waste disposal facility relating to coal processing or pollution
				  control;
i. each facility to be
				  used to protect and enhance fish and wildlife and related environmental
				  values;
j. each explosive storage
				  and handling facility; and
k.
				  location of each sedimentation pond, permanent water impoundment, coal
				  processing waste bank, and coal processing waste dam and embankment, in
				  accordance with §2725, and fill area for the disposal of excess spoil in
				  accordance with §2735
3. Maps, plans and cross-sections required
				  under §2709. A.2 d-f, j, and k shall be prepared by, or under the
				  direction of, and certified by a qualified registered professional engineer or
				  professional geologist, with assistance from experts in related fields such as
				  land surveying and landscape architecture, except that maps, plans and
				  cross-sections for sedimentation ponds and spoil disposal facilities may only
				  be prepared by a qualified registered professional engineer.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2711 - Air Pollution Control Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall contain an air pollution control plan which includes the
				  following:
1. an air quality monitoring
				  program, if required by the office, to provide sufficient data to evaluate the
				  effectiveness of the fugitive dust control practices under §2711. A.2 to
				  comply with applicable federal and state air quality standards;
2. a plan for fugitive dust control
				  practices, as required under §5397
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2713 - Fish and Wildlife Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Resource
				  Information. Each application shall include fish and wildlife resource
				  information for the permit area and adjacent area.
1. The scope and level of detail for such
				  information shall be determined by the office in consultation with state and
				  federal agencies with responsibilities for fish and wildlife and shall be
				  sufficient to design the protection and enhancement plan required under
				  §2713 B
2. Site-specific
				  resource information necessary to address the respective species or habitats
				  shall be required when the permit area or adjacent area is likely to include:
a. listed or proposed endangered or
				  threatened species of plants or animals or their critical habitats listed by
				  the secretary under the Endangered Species Act of 1973, as amended (16
				  U.S.C. 1531 et seq.), or those species or
				  habitats protected by similar state statutes;
b. habitats of unusually high value for fish
				  and wildlife such as important streams, wetlands, riparian areas, cliffs
				  supporting raptors, areas offering special shelter or protection, migration
				  routes, or reproduction and wintering areas; or
c. other species or habitats identified
				  through agency consultation as requiring special protection under state or
				  federal law.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2717 - Reclamation Plan: Protection of Hydrologic Balance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The application shall include a plan, with
				  maps and descriptions, indicating how the relevant requirements of Chapter 53,
				  including §§5319-5323, will be met. The plan shall be specific to the
				  local hydrologic conditions. It shall contain the steps to be taken during
				  mining and reclamation through bond release to minimize disturbances to the
				  hydrologic balance within the permit and adjacent areas; to prevent material
				  damage outside the permit area; to meet applicable federal and state water
				  quality laws and regulations; and to protect the rights of present water users.
				  The plan shall include the measures to be taken to: avoid acid or toxic
				  drainage; prevent, to the extent possible using the best technology currently
				  available, additional contributions of suspended solids to streamflow; provide
				  water-treatment facilities when needed; control drainage; restore approximate
				  premining recharge capacity; and protect or replace rights of present water
				  users. The plan shall specifically address any potential adverse hydrologic
				  consequences identified in the PHC determination prepared under
				  §2523 and shall
				  include preventive and remedial measures.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2719 - Ground-Water Monitoring Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall include a ground-water monitoring plan based upon the PHC
				  determination required under
				  §2523 and the
				  analysis of all baseline hydrologic, geologic and other information in the
				  permit application. The plan shall provide for the monitoring of parameters
				  that relate to the suitability of the ground water for current and approved
				  post-mining land uses and to the objectives for protection of the hydrologic
				  balance set forth in §2717 It shall identify the quantity and quality
				  parameters to be monitored, sampling frequency and site locations. It shall
				  describe how the data may be used to determine the impacts of the operation
				  upon the hydrologic balance. At a minimum, total dissolved solids or specific
				  conductance corrected to 25 C, pH, total iron, total manganese and water levels
				  shall be monitored and data submitted to the office at least every three months
				  for each monitoring location. The office may require additional
				  monitoring.
B. If an applicant can
				  demonstrate by the use of the PHC determination and other available information
				  that a particular water-bearing stratum in the proposed permit and adjacent
				  areas is not one which serves as an aquifer which significantly ensures the
				  hydrologic balance within the cumulative impact area, then monitoring of that
				  stratum may be waived by the office.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2721 - Surface-Water Monitoring Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  application shall include a surface-water monitoring plan based upon the PHC
				  determination required under
				  §2523 and the
				  analysis of all baseline hydrologic, geologic, and other information in the
				  permit application. The plan shall provide for the monitoring of parameters
				  that relate to the suitability of the surface water for current and approved
				  post-mined land uses and to the objectives for protection of the hydrologic
				  balance as set forth in §2717, as well as the effluent limitations found
				  at  40 CFR Part 434.
B. The plan
				  shall identify the surface-water quantity and quality parameters to be
				  monitored, sampling frequency and site locations. It shall describe how the
				  data may be used to determine the impacts of the operation upon the hydrologic
				  balance.
1. At all monitoring locations in
				  the surface-water bodies such as streams, lakes and impoundments that are
				  potentially impacted or into which water will be discharged and at upstream
				  monitoring locations, the total dissolved solids or specific conductance
				  corrected to 25 C, total suspended solids, pH, total iron, total manganese and
				  flow shall be monitored.
2. For
				  point-source discharges, monitoring shall be conducted in accordance with 40
				  CFR Parts 122, 123 and 434 and as required by the National Pollutant Discharge
				  Elimination System permitting authority.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2723 - Reclamation Plan: Post-Mining Land Uses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each plan shall contain a detailed
				  description of the proposed use, following reclamation of the land within the
				  proposed permit area, including a discussion of the utility and capacity of the
				  reclaimed land to support a variety of alternative uses, and the relationship
				  of the proposed use to existing land use policies and plans. This description
				  shall explain:
1. how the proposed
				  post-mining land use is to be achieved and the necessary support activities
				  which may be needed to achieve the proposed land use;
2. where range or grazing is the proposed
				  post-mining use, the detailed management plans to be implemented;
3. where a land use different from the
				  premining land use is proposed, all materials needed for approval of the
				  alternative use under §5431;
4. the consideration which has been given to
				  making all of the proposed surface mining activities consistent with surface
				  owner plans and applicable state and local land use plans and
				  programs.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2725 - Reclamation Plan: Ponds, Impoundments, Banks, Dams and Embankments

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. Each
				  application shall include a general plan and a detailed design plan for each
				  proposed siltation structure, sedimentation pond, water impoundment, and coal
				  processing waste bank, dam or embankment within the proposed mine plan area.
1. Each general plan shall:
a. be prepared by, or under the direction of,
				  and certified by a qualified registered professional engineer, or by a
				  professional geologist with assistance from experts in related fields such as
				  land surveying and landscape architecture;
b. contain a description, map and
				  cross-section of the structure and its location;
c. contain preliminary hydrologic and
				  geologic information required to assess the hydrologic impact of the
				  structure;
d. contain a survey
				  describing the potential effect on the structure from subsidence of the
				  subsurface strata resulting from past underground mining operations if
				  underground mining has occurred; and
e. contain a certification statement which
				  includes a schedule setting forth the dates that any detailed design plans for
				  structures that are not submitted with the general plan will be submitted to
				  the office. The office shall have approved, in writing, the detailed design
				  plan for a structure before construction of the structure begins.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2727 - Reclamation Plan: Surface Mining near Underground Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A. For surface mining activities within the
				  proposed permit area to be conducted within 500 feet of an underground mine,
				  the application shall describe the measures to be used to comply with
				  §5373
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2729 - Diversions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each application
				  shall contain descriptions, including maps and cross-sections, of stream
				  channel diversions to be constructed within the proposed permit area to achieve
				  compliance with §5323
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2731 - Protection of Public Parks and Historic Places

Current through Register Vol. 50, No. 6, June 20, 2024
A. For any publicly owned parks or any places
				  listed on the National Register of Historic Places that may be adversely
				  affected by the proposed operation, each plan shall describe the measures to be
				  used:
1. to prevent adverse impacts;
				  or
2. if valid existing rights
				  exist or joint agency approval is to be obtained under §1107 F, to
				  minimize adverse impacts.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2733 - Relocation or Use of Public Roads

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each application shall describe, with appropriate maps and cross-sections, the
				  measures to be used to ensure that the interests of the public and landowners
				  affected are protected if, under §1107 D, the applicant seeks to have the
				  office approve conduction of the proposed surface mining activities within 100
				  feet of the right-of-way line of any public road, except where mine access or
				  haul roads join that right-of-way, or seeks approval for relocating a public
				  road.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2735 - Disposal of Excess Spoil

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  application shall contain descriptions, including appropriate maps and
				  cross-sections, of the proposed disposal site and design of the spoil disposal
				  structures according to §5365-5371 These plans shall describe the
				  geotechnical investigation, design, construction, operation, maintenance and
				  removal, if appropriate, of the site and structures.
B. Each application shall contain the results
				  of a geotechnical investigation of the proposed disposal site, including the
				  following:
1. the character of bedrock and
				  any adverse geologic conditions in the disposal area;
2. a survey identifying all springs, seepage,
				  and ground-water flow observed or anticipated during wet periods in the area of
				  the disposal site;
3. a survey of
				  the potential effects of subsidence of the subsurface strata due to past and
				  future mining operations;
4. a
				  technical description of the rock materials to be utilized in the construction
				  of those disposal structures containing rock chimney cores or underlain by a
				  rock drainage blanket; and
5. a
				  stability analysis including, but not limited to, strength parameters, pore
				  parameters, pore pressures and long-term seepage conditions. These data shall
				  be accompanied by a description of all engineering design assumptions and
				  calculations and the alternatives considered in selecting the specific design
				  specifications and methods.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2737 - Road Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. Plans and
				  Drawings. Each applicant for a surface coal mining and reclamation permit shall
				  submit plans and drawings for each road, as defined in §105, to be
				  constructed, used or maintained within the proposed permit area. The plans and
				  drawings shall:
1. include a map, appropriate
				  cross-sections, design drawings and specifications for road widths, gradients,
				  surfacing materials, cuts, fill embankments, culverts, bridges, drainage
				  ditches, low-water crossings and drainage structures;
2. contain the drawings and specifications of
				  each proposed road that is located in the channel of an intermittent or
				  perennial stream, as necessary for approval of the road by the office in
				  accordance with §5433. D 1;
3.
				  contain the drawings and specifications for each proposed ford of perennial or
				  intermittent streams that is used as a temporary route, as necessary for
				  approval of the ford by the office in accordance with §5435.
				  A.3 b;
4. contain a description of
				  measures to be taken to obtain approval of the office for alteration or
				  relocation of a natural stream channel under §5435. A.4 e;
5. contain the drawings and specifications
				  for each low-water crossing of perennial or intermittent stream channels so
				  that the office can maximize the protection of the stream in accordance with
				  §5435. A.4 f; and
6. describe
				  the plans to remove and reclaim each road that would not be retained under an
				  approved post-mining land use, and the schedule for this removal and
				  reclamation.
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 27 - Surface Mining Permit Applications: Minimum Requirements for Reclamation and Operation Plan › Section XV-2739 - Support Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  applicant for a surface coal mining and reclamation permit shall submit a
				  description, plans and drawings for each support facility to be constructed,
				  used or maintained within the proposed permit area. The plans and drawings
				  shall include a map, appropriate cross-sections, design drawings and
				  specifications sufficient to demonstrate compliance with
				  §5439 for each
				  facility.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 29 - Requirements for Permits for Special Categories of Mining › Section XV-2901 - Experimental Practices Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Experimental practices provide a variance from environmental protection
				  performance standards of the Act, Subpart 5, and the regulatory program for
				  experimental or research purposes, or to allow an alternative post-mining land
				  use, and may be undertaken if they are approved by the office and the director
				  of the Office of Surface Mining and if they are incorporated in a permit or
				  permit revision issued in accordance with the requirements of Subpart
				  3.
B. An application for an
				  experimental practice shall contain descriptions, maps, plans and data which
				  show:
1. the nature of the experimental
				  practice, including a description of the performance standards for which
				  variances are requested, the duration of the experimental practice, and any
				  special monitoring which will be conducted;
2. how use of the experimental practice
				  encourages advances in mining and reclamation technology or allows a
				  post-mining land use for industrial, commercial, residential or public use
				  (including recreation facilities) on an experimental basis;
3. that the experimental practice:
a. is potentially more, or at least as,
				  environmentally protective during and after mining operations as would
				  otherwise be required by standards promulgated under Subpart 5; and
b. will not reduce the protection afforded
				  public health and safety below that provided by the requirements of Subpart 5;
				  and
4. that the
				  applicant will conduct monitoring of the effects of the experimental practice.
				  The monitoring program shall ensure the collection, analysis and reporting of
				  reliable data that are sufficient to enable the office and the director of the
				  Office of Surface Mining to:
a. evaluate the
				  effectiveness of the experimental practice; and
b. identify, at the earliest possible time,
				  potential risk to the environment and public health and safety which may be
				  caused by the experimental practice during and after mining.
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 29 - Requirements for Permits for Special Categories of Mining › Section XV-2903 - Steep Slope Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				  applies to any person who conducts or intends to conduct steep slope surface
				  coal mining and reclamation operations, except:
1. where an operator proposes to conduct
				  surface coal mining and reclamation operations on flat or gently rolling
				  terrain, leaving a plain or predominantly flat area, but on which an occasional
				  steep slope is encountered as the mining operation proceeds; or
2. to the extent that a person obtains a
				  permit incorporating a variance under §2905
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 29 - Requirements for Permits for Special Categories of Mining › Section XV-2905 - Permits Incorporating Variances from Approximate Original Contour Restoration Requirements for Steep Slope Mining

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section applies to steep slope
				  surface coal mining and reclamation operations under a regulatory program where
				  the operation is not to be reclaimed to achieve the approximate original
				  contour required by §5405-5415 B.
B. The objective of this Section is to allow
				  for a variance from approximate original contour restoration requirements on
				  steep slopes for surface coal mining and reclamation operations to:
1. improve watershed control of lands within
				  the permit area and on adjacent lands; and
2. make land within the permit area, after
				  reclamation, suitable for an industrial, commercial, residential or public use,
				  including recreational facilities.
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 29 - Requirements for Permits for Special Categories of Mining › Section XV-2909 - Coal Processing Plants or Support Facilities Not Located within the Permit Area of a Specified Mine

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  Section applies to any person who operates or intends to operate a coal
				  preparation plant in connection with a coal mine but outside the permit area
				  for a specific mine. Any person who operates such a preparation plant shall
				  obtain a permit from the office in accordance with the requirements of this
				  Section.
B. Any application for a
				  permit for operations covered by this Section shall contain in the mining and
				  reclamation plan specific plans, including descriptions, maps and
				  cross-sections, of the construction, operation, maintenance and removal of the
				  processing plants and associated support facilities. The plan shall demonstrate
				  that those operations will be conducted in compliance with Chapter
				  59.
C. No permit shall be issued
				  for any operation covered by this Section, unless the office finds, in writing,
				  that, in addition to meeting all other applicable requirements of this Subpart,
				  the operations will be conducted in compliance with the requirements of Chapter
				  59.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 29 - Requirements for Permits for Special Categories of Mining › Section XV-2911 - In Situ Processing Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section applies to any person who
				  conducts or intends to conduct surface coal mining and reclamation operations
				  utilizing in situ processing activities.
B. An application for a permit for operations
				  covered by this Section shall be made according to all requirements of 30 CFR
				  Subchapter G applicable to underground mining activities, which are, for the
				  specific and limited purposes of this Section, hereby adopted and made a part
				  hereof. In addition, the mining and reclamation operations plan for operations
				  involving in situ processing activities shall contain information establishing
				  how those operations will be conducted in compliance with the requirements of
				  Chapter 61, including:
1. delineation of
				  proposed holes and wells and production zone approval of the office;
2. specification of drill holes and casings
				  proposed to be used;
3. a plan for
				  treatment, confinement or disposal of all acid-forming, toxic-forming, or
				  radioactive gases, solids or liquids constituting a fire, health, safety or
				  environmental hazard caused by the mining and recovery process; and
4. plans for monitoring surface water and
				  ground water and air quality, as required by the office.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 29 - Requirements for Permits for Special Categories of Mining › Section XV-2913 - Lands Eligible for Remining

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  Section contains permitting requirements to implement §3113. H Any person
				  who submits a permit application to conduct a surface coal mining operation on
				  lands eligible for remining must comply with this Section.
B. An application for a permit under this
				  Section shall be made according to all requirements of Subpart 3 of the
				  regulations applicable to surface coal mining and reclamation operations. In
				  addition, the application shall:
1. to the
				  extent not otherwise addressed in the permit application, identify potential
				  environmental and safety problems related to prior mining activity at the site
				  and that could be reasonably anticipated to occur. This identification shall be
				  based on a due diligence investigation which shall include visual observations
				  at the site, a record review of past mining at the site, and environmental
				  sampling tailored to current site conditions; and
2. with regard to potential environmental and
				  safety problems referred to in §2913. B 1, describe the mitigative
				  measures that will be taken to ensure that the applicable reclamation
				  requirements of the regulatory program can be met.