Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 51 - Permanent Program Performance Standards: Coal Exploration and Development Operations › Section XV-5105 - Performance Standards for Coal Exploration or Development

Current through Register Vol. 50, No. 6, June 20, 2024
A. The performance standards in this Section
				  are applicable to coal exploration or development which substantially disturbs
				  the land surface.
1. Habitats of unique or
				  unusually high value for fish, wildlife and other related environmental values
				  and critical habitats of threatened or endangered species identified pursuant
				  to the Endangered Species Act of 1973 (16
				  U.S.C. 1531 et seq.) shall not be disturbed
				  during coal exploration.
2. The
				  person who conducts coal exploration or development shall, to the extent
				  practicable, measure important environmental characteristics of the exploration
				  or development area during the operations to minimize environmental damage to
				  the area and to provide supportive information for any permit application that
				  person may submit under Subpart 3.
3. All roads or other transportation
				  facilities used for coal exploration shall comply with the applicable
				  provisions of §5433. B - F, 5437 and 5439.
4. If excavations, artificial flat areas or
				  embankments are created during exploration or development, these areas shall be
				  returned to the approximate original contour promptly after such features are
				  no longer needed for coal exploration or development.
5. Topsoil shall be removed, stored and
				  redistributed on disturbed areas as necessary to assure successful revegetation
				  or as required by the office.
6.
				  Revegetation of areas disturbed by coal exploration or development operations
				  shall be performed by the person who conducts the exploration or development,
				  or his or her agent. All areas disturbed by coal exploration activities shall
				  be revegetated in a manner that encourages prompt revegetation and recovery of
				  a diverse, effective and permanent vegetative cover. Revegetation shall be
				  accomplished in accordance with the following.
a. All disturbed lands shall be seeded or
				  planted to the same seasonal variety native to the disturbed area. If both the
				  pre-exploration or predevelopment and post-exploration or post-development land
				  uses are intensive agriculture, planting of the crops normally grown will meet
				  the requirements of this Subsection.
b. The vegetative cover shall be capable of
				  stabilizing the soil surface against erosion.
7. Diversions of overland flows and
				  ephemeral, perennial or intermittent streams shall be made in accordance with
				  §5323
8. Each exploration or
				  development hole, borehole, well or other exposed underground opening created
				  during exploration or development must meet the requirements of
				  §§5303, 5305, and 5307.
9. All facilities and equipment shall be
				  removed from the exploration or development area promptly when they are no
				  longer needed for exploration or development, except for those facilities and
				  equipment that the office determines may remain to:
a. provide additional environmental quality
				  data;
b. reduce or control the on-
				  and off-site effects of the exploration or development activities; or
c. facilitate future surface mining and
				  reclamation operations by the person conducting the exploration or development,
				  under an approved permit.
10. Coal exploration or development shall be
				  conducted in a manner which minimizes disturbance of the prevailing hydrologic
				  balance, in accordance with §5319-5333 The office may specify additional
				  measures which shall be adopted by the person engaged in coal exploration or
				  development.
11. Toxic- or
				  acid-forming materials shall be handled and disposed of in accordance with
				  §5331 If
				  specified by the office, additional measures shall be adopted by the person
				  engaged in coal exploration or development.