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-5377 - Coal Processing Waste Banks: Site Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Inspections. A qualified registered
				  professional engineer, or other qualified professional specialist under the
				  direction of the professional engineer, shall inspect the refuse pile during
				  construction. The professional engineer or specialist shall be experienced in
				  the construction of similar earth and waste structures.
1. Such inspections shall be made at least
				  quarterly throughout construction and during critical construction periods.
				  Critical construction periods shall include at a minimum:
a. foundation preparation including the
				  removal of all organic material and topsoil;
b. placement of underdrains and protective
				  filter systems;
c. installation of
				  final surface drainage systems; and
d. the final graded and revegetated facility.
				  Regular inspections by the engineer or specialist shall also be conducted
				  during placement and compaction of coal mine waste materials. More frequent
				  inspections shall be conducted if a danger of harm exists to the public health
				  and safety or the environment. Inspections shall continue until the refuse pile
				  has been finally graded and revegetated or until a later time as required 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-5379 - Coal Processing Waste Banks: Water Control Measures

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless the
				  operator can demonstrate that an alternative would ensure structural integrity
				  of the waste bank and protection of water quality, a properly designed
				  subdrainage system shall be provided. The subdrainage system shall:
1. intercept all ground-water
				  sources;
2. be protected by an
				  adequate filter; and
3. be covered
				  so as to protect against the entrance of surface water or leachate from the
				  coal processing waste.
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-5381 - Coal Processing Waste Banks: Construction Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coal processing
				  waste banks shall be constructed in compliance with
				  §5365 and 5367,
				  except to the extent that the requirements of those Sections are varied in this
				  Section.
B. Coal processing waste
				  banks shall have a minimum static safety factor of 1.5.
C. Compaction requirements during
				  construction or modification of all coal processing waste banks shall meet the
				  requirements of this Subsection, instead of those specified in §5367. A.3 The coal processing waste shall be:
1. spread
				  in layers no more than 24 inches in thickness; and
2. compacted to attain 90 percent of the
				  maximum dry density to prevent spontaneous combustion and to provide the
				  strength required for stability of the coal processing waste bank. Dry
				  densities shall be determined in accordance with the American Association of
				  State Highway and Transportation Officials (AASHTO) specification T99-74
				  (twelfth edition) (July 1978) or an equivalent method.
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-5383 - Coal Processing Waste: Burning

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coal processing waste fires shall be
				  extinguished by the person who conducts the surface mining activities in
				  accordance with a plan approved by the office and the Mine Safety and Health
				  Administration. The plan shall contain, at a minimum, provisions to ensure that
				  only those persons authorized by the operator, and who have an understanding of
				  the procedures to be used, shall be involved in the extinguishing
				  operations.
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-5385 - Coal Processing Waste: Burned Waste Utilization

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before any burned coal processing waste,
				  other materials or refuse is removed from a disposal area, approval shall be
				  obtained from the office. A plan for the method of removal, with maps and
				  appropriate drawings to illustrate the proposed sequence of the operation and
				  method of compliance with this Chapter, shall be submitted to the office.
				  Consideration shall be given in the plan to potential hazards which may be
				  created by removal to persons working or living in the vicinity of the
				  structure. The plan shall be certified by a qualified engineer.
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-5387 - Coal Processing Waste: Return to Underground Workings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Coal processing
				  waste may be returned to underground mine workings only in accordance with the
				  following requirements.
1. Each mining plan
				  shall describe the design, operation and maintenance of any proposed coal
				  processing waste disposal facility, including flow diagrams and any other
				  necessary drawings and maps, for the approval of the office and the Mine Safety
				  and Health Administration.
2. Each
				  plan shall describe the source and quality of waste to be stowed, area to be
				  backfilled, percent of the mine void to be filled, method of constructing
				  underground retaining walls, influence of the backfilling operation on active
				  underground mine operations, surface area to be supported by the backfill, and
				  the anticipated occurrence of surface effects following backfilling.
3. The applicant shall describe the source of
				  the hydraulic transport mediums, method of dewatering the placed back-fill,
				  retainment of water underground, treatment of water if released to surface
				  streams, and the effect on the hydrologic regime.
4. The plan shall describe each permanent
				  monitoring well to be located in the backfilled area, the stratum underlying
				  the mined coal, and gradient from the backfilled area.
5. The requirements of §5387. A 1-4
				  shall also apply to pneumatic backfilling operations, except where the
				  operations are exempted by the office from requirements specifying hydrologic
				  monitoring.
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-5389 - Disposal of Noncoal Wastes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Noncoal wastes including, but not limited to, grease, lubricants, paints,
				  flammable liquids, garbage, abandoned mining machinery, lumber and other
				  combustibles generated during surface mining activities shall be placed and
				  stored in a controlled manner in a designated portion of the permit area.
				  Placement and storage shall insure that leachate and surface runoff do not
				  degrade surface water or ground water, fires are prevented, and that the area
				  remains stable and suitable for reclamation and revegetation compatible with
				  the natural surroundings.
B. Final
				  disposal of noncoal wastes shall be in a designated disposal site in the permit
				  area. Disposal sites shall be designed and constructed with appropriate water
				  barriers on the bottom and sides of the designated site. Wastes shall be
				  routinely compacted and covered to prevent combustion and wind-borne waste.
				  When the disposal is completed, a minimum of two feet of soil cover shall be
				  placed over the site, slopes stabilized, and revegetation accomplished in
				  accordance with §5417-5423 Operation of the disposal site shall be
				  conducted in accordance with all local, state and federal
				  requirements.
C. At no time shall
				  any solid waste material be deposited at refuse embankments or impoundment
				  sites, nor shall any excavation for solid waste disposal be located within
				  eight of any coal outcrop or coal storage area.
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-5391 - Coal Processing Waste: Dams and Embankments-General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. New and existing
				  impounding structures constructed of coal mine waste or intended to impound
				  coal mine waste shall meet the requirements of §5375
1.Sections 5391-5395 apply to dams and
				  embankments constructed of coal processing waste or intended to impound
				  coal-processing waste, whether they were completed before adoption of the
				  regulatory program or are intended to be completed thereafter.
2. Waste shall not be used in the
				  construction of dams and embankments unless it has been demonstrated to the
				  office that the stability of such a structure conforms with the requirements of
				  §5395. A It shall also be demonstrated that the use of waste material
				  shall not have a detrimental effect on downstream water quality or the
				  environment due to acid seepage through the dam or embankment. All
				  demonstrations shall be submitted to and approved by the office.
3. The stability of the structure and the
				  potential impact of acid mine seepage through the impounding structure shall be
				  discussed in detail in the design plan submitted to the office in accordance
				  with §2725
4. Each
				  impounding structure constructed of coal mine waste or intended to impound coal
				  mine waste shall be designed, constructed and maintained in accordance with
				  §5333 Such structures may not be retained permanently as part of the
				  approved post-mining land use.
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-5393 - Coal Processing Waste: Dams and Embankments-Site Preparation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before coal
				  processing waste is placed at a dam or embankment site:
1. All trees, shrubs, grasses and other
				  organic material shall be cleared and grubbed from the site, and all
				  combustibles shall be removed and stockpiled in accordance with the
				  requirements of this Chapter.
2.
				  Surface drainage that may cause erosion to the embankment area or the
				  embankment features, whether during construction or after completion, shall be
				  diverted away from the embankment by diversion ditches that comply with the
				  requirements of §5323 Adequate outlets for discharge from these
				  diversions shall be in accordance with §5329 Diversions that are designed
				  to divert drainage from the upstream area away from the impoundment area shall
				  be designed to carry the peak runoff from a 100-year, 6-hour precipitation
				  event. The diversion shall be maintained to prevent blockage, and the discharge
				  shall be in accordance with §5329 Sediment control measures shall be
				  provided at the discharge of each diversion ditch before entry into natural
				  watercourses in accordance with §5319-5327
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-5395 - Coal Processing Waste: Dams and Embankments-Design and Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The design of
				  each dam and embankment constructed of coal processing waste or intended to
				  impound such waste shall comply with the requirements of §5333. A and C,
				  modified as follows.
1. The design freeboard
				  between the lowest point on the embankment crest and the maximum water
				  elevation shall be at least 3 feet.
2. The dam and embankment shall have a
				  minimum safety factor of 1.5 for the partial pool with steady seepage
				  saturation conditions, and the seismic safety factor shall be at least
				  1.2.
3. The dam or embankment
				  foundation and abutments shall be designed to be stable under all conditions of
				  construction and operation of the impoundment. Sufficient foundation
				  investigations and laboratory testing shall be performed to determine the
				  safety factors of the dam or embankment for all loading conditions appearing in
				  §5395. A.2 and for all increments of construction.
4. Each dam or embankment constructed of coal
				  mine waste or intended to impound coal mine waste that meets the criteria of
				  30
				  CFR 77.216(a) shall have
				  sufficient spillway capacity to safely pass, adequate storage capacity to
				  safely contain, or a combination of storage capacity and spillway capacity to
				  safely control, the probable maximum precipitation of a six-hour precipitation
				  event, or greater event as 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-5401 - Slides and Other Damage

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  undisturbed natural barrier shall be provided beginning at the elevation of the
				  lowest coal seam to be mined and extending from the outslope for such distance
				  as may be determined by the office as is needed to assure stability. The
				  barrier shall be retained in place to prevent slides and erosion.
B. At any time a slide occurs which may have
				  a potential adverse affect on public property, health, safety or the
				  environment, the person who conducts the surface mining activities shall notify
				  the office by the fastest available means and comply with any remedial measures
				  required 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-5403 - Contemporaneous Reclamation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Reclamation efforts including, but not limited to, backfilling, grading,
				  topsoil replacement and revegetation of all land disturbed by surface mining
				  activities shall occur as contemporaneously as practicable with mining
				  operations.
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-5405 - Backfilling and Grading: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Timing of Backfilling and Grading
1. Contour Mining. Rough backfilling and
				  grading shall follow removal by not more than 60 days or 1,500 linear feet. The
				  office may grant additional time for rough backfilling and grading if the
				  permittee can demonstrate, through a detailed written analysis under
				  §2715. B 3, that additional time is necessary.
2. Open Pit Mining with Thin Overburden.
				  Rough backfilling and grading shall occur in accordance with the time schedule
				  approved by the office, on the basis of the materials submitted under
				  §2715. B 3, which shall specifically establish in stated increments the
				  period between removal of coal and completion of backfilling and
				  grading.
3. Area Strip Mining.
				  Rough backfilling and grading shall be completed within 180 days following coal
				  removal and shall not be more than four spoil ridges behind the pit being
				  worked, the spoil from the active pit being considered the first ridge. The
				  office may grant additional time for rough backfilling and grading if the
				  permittee can demonstrate, through a detailed written analysis under
				  §2715. B 3, that additional time is necessary.
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-5407 - Backfilling and Grading: General Grading Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The final graded slopes shall not exceed
				  in grade either the approximate premining slopes, or any lesser slopes approved
				  by the office based on consideration of soil, climate or other characteristics
				  of the surrounding area. Post-mining final graded slopes need not be uniform
				  but shall approximate the general nature of the premining topography. The
				  requirements of this Section may be modified by the office where the surface
				  mining activities are reaffecting previously mined lands that have not been
				  restored to the standards of this Chapter and sufficient spoil is not available
				  to otherwise comply with this Section. The person who conducts surface mining
				  activities shall, at a minimum:
1. retain all
				  overburden and spoil on the solid portion of existing or new benches;
2. backfill and grade to the most moderate
				  slope possible to eliminate the highwall which does not exceed either the angle
				  of repose or such lesser slope as is necessary to achieve a minimum static
				  safety factor of 1.3. In all cases the highwall shall be eliminated.
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-5409 - Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. Cover
1. Exposed coal seams, acid- and
				  toxic-forming materials and combustible materials exposed, used or produced
				  during mining shall be adequately covered with nontoxic and noncombustible
				  material, or treated, to control the impact on surface water and ground water
				  in accordance with §5331, to prevent sustained combustion, and to minimize
				  adverse effects on plant growth and the approved post-mining land
				  use.
2. If necessary, these
				  materials shall be treated to neutralize toxicity in order to prevent water
				  pollution and sustained combustion and minimize adverse effects on plant growth
				  and land uses.
3. Where necessary
				  to protect against upward migration of salts, exposure by erosion, formation of
				  acid or toxic seeps, to provide an adequate depth for plant growth, or
				  otherwise to meet local conditions, the office shall specify thicker amounts of
				  cover using nontoxic material, or special compaction and isolation from
				  ground-water contact.
4.
				  Acid-forming or toxic-forming material shall not be buried or stored in
				  proximity to a drainage course so as to cause or pose a threat of water
				  pollution.
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-5411 - Backfilling and Grading: Thin Overburden

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Thin
				  Overburden
-insufficient spoil and other waste materials available from
				  the entire permit area to restore the disturbed area to its approximate
				  original contour.
1. Insufficient spoil and
				  other waste materials occur where the overburden thickness times the swell
				  factor, plus the thickness of other available waste materials, is less than the
				  combined thickness of the overburden and coal bed prior to removing the coal,
				  so that after backfilling and grading the surface configuration of the
				  reclaimed area would not:
a. closely resemble
				  the surface configuration of the land prior to mining; or
b. blend into and complement the drainage
				  pattern of the surrounding terrain.
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-5413 - Backfilling and Grading: Thick Overburden

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Thick Overburden
-more
				  than sufficient spoil and other waste materials available from the entire
				  permit area to restore the disturbed area to its approximate original contour.
1. More than sufficient spoil and other waste
				  materials occur where the overburden thickness times the swell factor exceeds
				  the combined thickness of the overburden and coal bed prior to removing the
				  coal, so that after backfilling and grading the surface configuration of the
				  reclaimed area would not:
a. closely resemble
				  the surface configuration of the land prior to mining; or
b. blend into and complement the drainage
				  pattern of the surrounding terrain.
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-5414 - Backfilling and Grading: Previously Mined Areas

Current through Register Vol. 50, No. 6, June 20, 2024
A. Remining operations on previously mined
				  areas that contain a preexisting highwall shall comply with the requirements of
				  §5405-5413 and 5703, except as provided in this Section.
B. The requirements of §5405. B.1 requiring the elimination of highwalls shall not apply to remining operations
				  where the volume of all reasonably available spoil is demonstrated in writing
				  to the office to be insufficient to completely backfill the reaffected or
				  enlarged highwall. The highwall shall be eliminated to the maximum extent
				  technically practical in accordance with the following criteria:
1. all spoil generated by the remining
				  operation and any other reasonably available spoil shall be used to backfill
				  the area. Reasonably available spoil in the immediate vicinity of the remining
				  operation shall be included within the permit area;
2. the backfill shall be graded to a slope
				  which is compatible with the approved postmining land use and which provides
				  adequate drainage and long-term stability;
3. any highwall remnant shall be stable and
				  not pose a hazard to the public health and safety or to the environment. The
				  operator shall demonstrate, to the satisfaction of the office, that the
				  highwall remnant is stable; and
4.
				  spoil placed on the outslope during previous mining operations shall not be
				  disturbed if such disturbances will cause instability of the remaining spoil or
				  otherwise increase the hazard to the public health and safety or to the
				  environment.
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-5415 - Regrading or Stabilizing Rills and Gullies

Current through Register Vol. 50, No. 6, June 20, 2024
A. When rills and gullies deeper than nine
				  inches form in areas that have been regraded and topsoiled, the rills and
				  gullies shall be filled, graded or otherwise stabilized and the area reseeded
				  or replanted according to §5417-5423 The office shall specify that rills
				  or gullies of lesser size be stabilized and the area reseeded or replanted if
				  the rills or gullies are disruptive to the approved post-mining land use or may
				  result in additional erosion and sedimentation.
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-5417 - Revegetation: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Each person who conducts surface mining activities shall establish on regraded
				  areas and on all other disturbed areas, except water areas and surface areas of
				  roads that are approved as part of the post-mining land use, a vegetative cover
				  that is in accordance with the approved permit and reclamation plan and that
				  is:
1. diverse, effective and
				  permanent;
2. comprised of species
				  native to the area, or of introduced species where desirable and necessary to
				  achieve the approved post-mining land use and approved by the office;
3. at least equal in extent of cover to the
				  natural vegetation of the area; and
4. capable of stabilizing the soil surface
				  from erosion.
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-5419 - Revegetation Timing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Seeding and
				  planting of disturbed areas shall be conducted during the first normal period
				  for favorable planting conditions after final preparation. The normal period
				  for favorable planting shall be that planting time generally accepted locally
				  for the type of plant materials selected. When necessary to effectively control
				  erosion, any disturbed area shall be seeded and planted, as contemporaneously
				  as practicable with the completion of backfilling and grading, with a temporary
				  cover of small grains, grasses or legumes until a permanent cover is
				  established.
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-5421 - Revegetation: Mulching and Other Soil Stabilizing Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Suitable mulch and other soil stabilizing
				  practices shall be used on all regraded and topsoiled areas to control erosion,
				  promote germination of seeds, or increase the moisture retention capacity of
				  the soil. The office may, on a case-by-case basis, suspend the requirement for
				  mulch, if the permittee can demonstrate that alternative procedures will
				  achieve the requirements of
				  §5423 and do
				  not cause or contribute to air or water pollution.
B. When required by the office, mulches shall
				  be mechanically or chemically anchored to the soil surface to assure effective
				  protection of the soil and vegetation.
C. Annual grasses and grains may be used
				  alone, as in situ mulch, or in conjunction with another mulch, when the office
				  determines that they will provide adequate soil erosion control and will later
				  be replaced by perennial species approved for the post-mining land
				  use.
D. Chemical soil stabilizers
				  alone, or in combination with appropriate mulches, may be used in conjunction
				  with vegetative covers approved for the post-mining land use.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities › Section XV-5423 - Revegetation: Standards for Success

Current through Register Vol. 50, No. 6, June 20, 2024
A. Success of revegetation shall be judged on
				  the effectiveness of the vegetation for the approved post-mining land use, the
				  extent of perennial cover compared to the cover occurring in natural vegetation
				  of the area, and the general requirements of §5417
1. Techniques for estimating cover shall be
				  chosen from the following.
a. Pin Method. In
				  the pin method, a pinpoint is lowered to the ground. If vegetation is
				  encountered, a hit is recorded. If bare ground is encountered, a miss is
				  recorded. Sample locations are distributed randomly throughout the area to be
				  measured. Percentage of cover is the number of hits divided by the total number
				  of points sampled. Each randomly placed pin is considered one sample
				  unit.
b. Point Frame Method. In the
				  point frame method, a group of pinpoints is lowered to the ground. If
				  vegetation is encountered, a hit is recorded. If bare ground is encountered, a
				  miss is recorded. Sample locations are distributed randomly throughout the area
				  to be measured. Percentage of cover is the number of hits divided by the total
				  number of points sampled. Each randomly placed frame is considered one sample
				  unit.
c. Line Intercept Method. The
				  sampling unit is a tape at least 100 feet long that is stretched from a random
				  starting point in a randomly selected direction. The procedure consists of
				  recording the length of tape underlain by vegetation, then dividing by the
				  total length of tape to obtain the percentage of cover. Each randomly located
				  tape is considered one sampling unit.
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-5424 - Revegetation: Standards for Success-Post-Mining Land Use of Pastureland

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction
1. This Section describes the criteria and
				  procedures for determining ground cover and production success for areas being
				  restored to pastureland.
2.
				  Pursuant to §5423, ground cover and production success on pastureland must
				  be determined on the basis of the following conditions:
a. general revegetation requirements of the
				  approved permit;
b. ground cover
				  density; and
c.
				  production.
3. The
				  permittee is responsible for determining and measuring ground cover and
				  production and submitting this data to the commissioner for evaluation.
				  Procedures for making these determinations are described below.
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-5425 - Revegetation: Standards for Success-Post-Mining Land Use of Wildlife Habitat

Current through Register Vol. 50, No. 6, June 20, 2024
A. Introduction
1. This Section describes the criteria and
				  procedures for determining ground cover and stocking success for areas
				  developed for wildlife habitat.
2.
				  Pursuant to §5423, ground cover and stocking success on wildlife habitat
				  must be determined on the basis of the following conditions:
a. general revegetation requirements of the
				  approved permit;
b. ground cover;
				  and
c. tree or shrub stocking and
				  survival.
3. The
				  permittee is responsible for measuring and determining ground cover and
				  stocking and submitting this data to the commissioner for evaluation.
				  Procedures for making these determinations are described below.
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-5427 - Cessation of Operations: Temporary

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person who conducts surface mining
				  activities shall effectively secure surface facilities in areas in which there
				  are no current operations, but in which operations are to be resumed under an
				  approved permit. Temporary abandonment shall not relieve a person of their
				  obligation to comply with any provisions of the approved permit.
B. Before temporary cessation of mining and
				  reclamation operations for a period of 30 days or more, or as soon as it is
				  known that a temporary cessation will extend beyond 30 days, persons who
				  conduct surface mining activities shall submit to the office a notice of
				  intention to cease or abandon mining and reclamation operations. This notice
				  shall include a statement of the exact number of acres which will have been
				  affected in the permit area prior to such temporary cessation, the extent and
				  kind of reclamation of those areas which will have been accomplished and
				  identification of the backfilling, regrading, revegetation, environmental
				  monitoring and water treatment activities that will continue during the
				  temporary cessation.
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-5429 - Cessation of Operations: Permanent

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons who cease surface mining
				  activities permanently shall close, backfill or otherwise permanently reclaim
				  all affected areas, in accordance with these regulations and the permit
				  approved by the office.
B. All
				  underground openings, equipment, structures or other facilities not required
				  for monitoring, unless approved by the office as suitable for the post-mining
				  land use or environmental monitoring, shall be removed and the affected land
				  reclaimed.
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-5431 - Post-Mining Land Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. All
				  affected areas shall be restored in a timely manner to conditions that are
				  capable of supporting the uses which they were capable of supporting before any
				  mining, or to higher or better uses achievable under the criteria and
				  procedures of this Section.
B.
				  Determining Premining Use of Land. The premining uses of land to which the
				  post-mining land use is compared shall be those uses which the land previously
				  supported, if the land has not been previously mined and has been properly
				  managed.
1. The post-mining land use for land
				  that has been previously mined and not reclaimed shall be judged on the basis
				  of the land use that existed prior to any mining, provided that, if the land
				  cannot be reclaimed to the land use that existed prior to any mining because of
				  the previously mined condition, the post-mining land use shall be judged on the
				  basis of the highest and best use that can be achieved which is compatible with
				  surrounding areas and does not require the disturbance of areas previously
				  unaffected by mining.
2. The
				  post-mining land use for land that has received improper management shall be
				  judged on the basis of the premining use of surrounding lands that have
				  received proper management.
3. If
				  the premining use of the land was changed within five years of the beginning of
				  mining, the comparison of post-mining use to premining use shall include a
				  comparison with the historic use of the land as well as its use immediately
				  preceding mining.
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-5433 - Roads: General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Road
				  Classification System
1. Each road, as
				  defined in §105, shall be classified as either a primary road or an
				  ancillary road.
2. A primary road
				  is any road which is:
a. used for
				  transporting coal or spoil;
b.
				  frequently used for access or other purposes for a period in excess of six
				  months; or
c. to be retained for an
				  approved post-mining land use.
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-5435 - Primary Roads

Current through Register Vol. 50, No. 6, June 20, 2024
A. Primary roads
				  shall meet the requirements of
				  §5433 and the
				  additional requirements of this Section.
1.
				  Certification. The construction or reconstruction of primary roads shall be
				  certified in a report to the office by a qualified, registered professional
				  engineer. The report shall indicate that the primary road has been constructed
				  or reconstructed as designed and in accordance with the approved
				  plan.
2. Safety Factor. Each
				  primary road embankment shall have a minimum static factor of 1.3 or meet the
				  requirements established under §2737 C
3. Location
a. To minimize erosion, a primary road shall
				  be located, insofar as is practicable, on the most stable available
				  surface.
b. Fords of perennial or
				  intermittent streams by primary roads are prohibited unless they are
				  specifically approved by the office as temporary routes during periods of road
				  construction.
4.
				  Drainage Control. In accordance with the approved plan:
a. each primary road shall be constructed, or
				  reconstructed, and maintained to have adequate drainage control, using
				  structures such as, but not limited to, bridges, ditches, cross drains and
				  ditch relief drains. The drainage control system shall be designed to safely
				  pass the peak runoff from a 10-year, 6-hour precipitation event, or greater
				  event as specified by the office;
b. drainage pipes and culverts shall be
				  installed as designed, and maintained in a free and operating condition and to
				  prevent or control erosion at inlets and outlets;
c. drainage ditches shall be constructed and
				  maintained to prevent uncontrolled drainage over the road surface and
				  embankment;
d. culverts shall be
				  installed and maintained to sustain the vertical soil pressure, the passive
				  resistance of the foundation, and the weight of vehicles using the
				  road;
e. natural stream channels
				  shall not be altered or relocated without the prior approval of the office in
				  accordance with applicable §5319-5323 and 5349;
f. except as provided in §5435. A.3.b structures for perennial or intermittent stream channel crossings shall be made
				  using bridges, culverts, low-water crossings, or other structures designed,
				  constructed and maintained using current, prudent engineering practices. The
				  office shall ensure that low-water crossings are designed, constructed and
				  maintained to prevent erosion of the structure or streambed and additional
				  contributions of suspended solids to streamflow.
5. Surfacing. Primary roads shall be surfaced
				  with material approved by the office as being sufficiently durable for the
				  anticipated volume of traffic and the weight and speed of vehicles using the
				  road.
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-5437 - Other Transportation Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Railroad loops, spurs, sidings, surface
				  conveyor systems, chutes, aerial tramways or other transportation facilities
				  shall be designed, constructed or reconstructed, maintained and the area
				  restored to:
1. prevent to the extent
				  possible, using the best technology currently available:
a. damage to fish, wildlife and related
				  environmental values; and
b.
				  additional contributions of suspended solids to streamflow or runoff outside
				  the permit area in excess of limitations of state or federal law;
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-5439 - Support Facilities and Utility Installations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Support facilities required for, or used
				  incidentally to, the operation of the mine including, but not limited to, mine
				  buildings, coal loading facilities at or near the minesite, coal storage
				  facilities, equipment storage facilities, fan buildings, hoist buildings,
				  preparation plants, sheds, shops and other buildings shall be designed,
				  constructed or reconstructed and located to prevent or control erosion and
				  siltation, water pollution and damage to public or private property. Support
				  facilities shall be designed, constructed or reconstructed, maintained and used
				  in a manner which prevents, to the extent possible using the best technology
				  currently available:
1. damage to fish,
				  wildlife and related environmental values;
2. additional contributions of suspended
				  solids to streamflow or runoff outside the permit area. Any such contributions
				  shall not be in excess of limitations of state or federal law.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 55 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section XV-5501 - Prime Farmland: Special Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface coal mining and reclamation
				  operations conducted on prime farmland shall meet the following requirements.
1. A permit shall be obtained for those
				  operations under §2907
2.
				  Soil materials to be used in the reconstruction of the prime farmland soil
				  shall be removed before drilling, blasting or mining, in accordance with
				  §5503 and in a
				  manner that prevents mixing or contaminating these materials with undesirable
				  material. Where removal of soil materials results in erosion that may cause air
				  and water pollution, the office shall specify methods to control erosion or
				  exposed overburden.
3. Revegetation
				  success on prime farmlands shall be measured upon the basis of a comparison of
				  actual crop production from the disturbed area, compared to the reference crop
				  yield approved by the office in the permit in accordance with §2907.
				  C 3
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 55 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section XV-5503 - Prime Farmland: Soil Removal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface coal mining and reclamation
				  operations on prime farmland shall be conducted to:
1. separately remove the topsoil, or remove
				  other suitable soil materials where such other soil materials will create a
				  final soil having a greater productive capacity than that which exists prior to
				  mining;
2. separately remove the B
				  horizon of the soil, a combination of B horizon and underlying C horizon, or
				  other suitable soil material to provide the thickness of suitable soil required
				  by §5507. A.1 that will create a reconstructed soil of equal or greater
				  productive capacity than that which existed before mining, except as approved
				  by the regulatory authority where the B or C soil horizons would not otherwise
				  be removed and where soil capabilities can be retained;
3. separately remove the underlying C
				  horizons, other strata, or a combination of horizons or other strata to be used
				  instead of the B horizon. When replaced, these combinations shall be equal to,
				  or more favorable for plant growth than, the B horizon.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 55 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section XV-5505 - Prime Farmland: Soil Stockpiling

Current through Register Vol. 50, No. 6, June 20, 2024
A. If not utilized immediately, the A horizon
				  or other suitable soil materials specified in §5503. A.1 and the B horizon
				  or other suitable soil materials specified in §5503. A.2 shall be
				  stored separately from each other and from spoil. These stockpiles shall be
				  placed within the permit area where they are not disturbed or exposed to
				  excessive water or wind erosion before the stockpiled horizons can be
				  redistributed. Stockpiles in place for more than 30 days shall meet the
				  requirements of §5313
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.