Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 6 - Abandoned Mine Lands › Chapter 81 - Abandoned Mine Reclamation › Section XV-8107 - Abandoned Mine Reclamation Regulations Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions as used in Chapters 81-97
Abandoned Mine
- a mining operation where
					 coal is no longer being produced and where the operator has no intention of
					 continuing production from the mine.
Act
-Title 30, Chapter 9, Louisiana Revised
					 Statutes of 1950, Sections 905. 1-905.5, known as Regulation of Coal Mining and
					 Reclamation Operations.
Director
-the director of the Office of
					 Surface Mining Reclamation and Enforcement.
Division
-the Injection and Mining Division
					 of the Office of Conservation.
Eligible Lands and Water
-lands and water
					 eligible for reclamation or drainage abatement expenditures and are those which
					 were mined for coal or which were affected by such mining, wastebanks, coal
					 processing, or other coal mining processes, and abandoned or left in an
					 adequate reclamation status prior to August 3, 1977, and for which there is no
					 continuing reclamation responsibility under state or other federal laws.
Emergency
-a sudden danger or impairment
					 that presents a high probability of substantial physical harm to the health,
					 safety or general welfare of people before the danger can be abated under
					 normal program operation procedures.
Expended
-monies have been obligated,
					 encumbered or committed by contract by the division for work to be accomplished
					 or services to be rendered.
Extreme Danger
-a condition that could
					 reasonably be expected to cause substantial physical harm to persons, property
					 or the environment and to which persons or improvements on real property are
					 currently exposed.
Left or Abandoned in Either an Unreclaimed or
					 Inadequately Reclaimed Condition
-lands and water:
a. which were mined or which were affected by such mining,
					 wastebanks, processing or other mining processes prior to August 3, 1977, and
					 all mining has ceased;
b. which continue, in their present condition, to
					 substantially degrade the quality of the environment, prevent or damage the
					 beneficial use of land or water resources, or endanger the health and safety of
					 the public; and
c. for which there is no continuing reclamation
					 responsibility under state or federal laws.
Non-Coal Reclamation
-the process of
					 restoring an abandoned mine, that was not mined for coal, back to its original
					 contour or some other useful contour.
Office of Conservation,
or
Office
-the Office of Conservation of the Louisiana Department
					 of Natural Resources.
OSM
-the Office of Surface Mining of the
					 United States Department of the Interior.
Owner
-the owner of real property who is
					 shown to be the owner of record on the plats located in the parish courthouse
					 of the parish in which the real property is located.
Permanent Facility
-any structure that is
					 built, installed or established to serve a particular purpose or any
					 manipulation or modification of the surface that is designed to remain after
					 the reclamation activity is completed, such as a relocated stream channel or
					 diversion ditch.
Plan
or
State Abandoned Mine
					 Reclamation Plan
-a plan submitted by the state to OSM for the
					 reclamation of land and water adversely affected by past coal or non-coal
					 mining activities.
Program
or
State Abandoned Mine
					 Reclamation Program
-a program established by the state for the
					 reclamation of land and water adversely affected by past coal or non-coal
					 mining, operated under the provisions of the State Abandoned Mine Reclamation
					 Plan including annual application for grants under the state plan.
Project
-a delineated area containing one
					 or more abandoned mine land problems. A project may be a group of related
					 reclamation activities with a common objective within a political subdivision
					 of a state or within a logical, geographically defined area, such as a
					 watershed or conservation district.
Reclamation Activity
-the restoration,
					 reclamation, abatement, control, or prevention of adverse effects of past
					 mining.
Reclamation Fund
-a special fund
					 established by the Surface Mining Control and Reclamation Act ( Public Law
					 95-87) to reclaim land mined for coal before August 3,1977.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:905.1-905.5.