Louisiana Administrative Code › Title 76 - WILDLIFE AND FISHERIES › Part III - Game and Fish Preserves and Sanctuaries › Chapter 1 - Responsibilities, Duties and Regulations › Section III-103 - Mineral Operations on the State Wildlife Refuge

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Wildlife and Fisheries
				has adopted, via resolution of the Wildlife and Fisheries Commission, the
				following rules and regulations governing mineral operations on the State
				Wildlife Refuge.
1. No oil, oily fluids,
				drilling muds, oil field brine, or other pollutants shall be permitted to be
				discharged into any canals or marshes from any installation, barge, watercraft,
				or other fixtures. Any discharge of such fluids shall be directed into disposal
				wells unless otherwise permitted by the Department of Wildlife and Fisheries
				and the Department of Natural Resources.
2. Tank batteries shall be constructed on all
				lands to conform with rules and regulations of the Department of Natural
				Resources and Department of Wildlife and Fisheries, particularly with reference
				to construction and maintenance of leveed fire walls. Inspection reports on the
				condition of pipes and pipeline carriers shall be prepared and submitted to the
				Department of Wildlife and Fisheries and Department of Natural Resources twice
				annually. All pipelines must be buried at least 3 feet deep in push ditches
				that must be back filled upon installation.
3. All rules and regulations of Louisiana
				Stream Control Commission shall be strictly observed by the lessee.
4. Flares may be burned only during daylight
				hours unless shown to be absolutely necessary at night. All flares shall be
				burned into a pit. Flares will be burned only with the permission of the
				Department of Natural Resources and under the supervision of the Department of
				Wildlife and Fisheries and the Department of Natural Resources.
5. Any damages incurred by lessee, by his
				operations, to levees, water control structures, bulkheads and other facilities
				owned and operated by the Department of Wildlife and Fisheries shall be
				restored to original condition by lessee.
6. Access to or on the leased premises for
				drilling and production operations shall be by marine equipment in Lake
				Fearman, Portage Lake and Bayou Fearman and elsewhere on the refuge by road.
				The dredging of canals through the marshes is prohibited. Access construction
				plans will be approved by the Department of Wildlife and Fisheries in advance
				of beginning operations.
7. All
				road beds shall be constructed from staggered borrow pits. These shall be
				evenly alternated on each side of the road bed and each individual pit shall
				not exceed 300 feet in length and 40 feet in width. A minimum of 15 feet of
				berm shall be maintained between the road bed and edge of borrow pit. Drainage
				and water control will be provided for by means of asbestos bonded culverts
				with drop gates under all roadbeds unless otherwise directed by the Department
				of Wildlife and Fisheries and the Department of Natural Resources. Navigable
				canals and waterways shall not be blocked on the refuge. All road and canal
				construction plans must first be approved by the Department of Wildlife and
				Fisheries and the Department of Natural Resources before construction
				begins.
8. In order to prevent
				excessive access construction in the preserve, lessee agrees that if the
				Department of Wildlife and Fisheries and the Department of Natural Resources
				determine that an access route shall be used by a third party lessee then said
				route shall be used jointly upon the payment of a fair and proportionate share
				of the cost and maintenance by the third party lessee.
9. Should lessee commit any act which shall
				be complained of as a violation of the act of donation for the State Wildlife
				Refuge or its transferee or assignee, said lessee shall immediately correct
				said violation upon being notified.
10. Bank erosion control shall be provided
				for in using any existing canals. No existing canals shall be used without
				prior approval of Department of Wildlife and Fisheries.
11. No telephone, telegraph or powerlines
				shall be constructed above marsh level without prior approval of the Department
				of Wildlife and Fisheries and the Department of Natural Resources. All
				development sites will be kept clean and free of debris or litter. Abandoned
				well sites will be restored to original condition.
12. Lessee shall comply with all rules and
				regulations of the Department of Wildlife and Fisheries and Department of
				Natural Resources for the protection of game and wildlife, and particularly no
				hunting, fishing or any other activity harmful to wildlife shall be permitted
				on any part of the leased land or any other part of the refuge.
13. All requirements and conditions contained
				in the deed by which the said game preserve area was donated to the state of
				Louisiana, shall be fully and strictly complied with.
14. Unless approval is first obtained from
				the Department of Wildlife and Fisheries, no tank batteries, rigging or other
				permanent structure shall be installed within 2,000 feet of the main
				headquarters or within a distance that may prove damaging to any of the wood,
				concrete or steel water control structures on the area.
15. The willful or continued violation of any
				of the aforesaid regulations shall constitute cause for revocation of the
				lease.
16. All development not
				otherwise specified above shall be subject to approval of Department of
				Wildlife and Fisheries and the Department of Natural Resources.