La. Admin. Code tit. 43 § XV-105
Abandoned Site- a surface coal mining and reclamation operation for which the office has found in writing that:
a. all surface coal mining and reclamation activities at the site have ceased;
b. the office has issued at least one notice of violation, and either:
i. is unable to serve the notice despite diligent efforts to do so; or
ii. the notice was served and has progressed to a failure-to-abate cessation order;
c. the office:
i. is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and
ii. is taking action pursuant to §918. A, 918.F, 921.A(4) or 921.B of the Act to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and
d. where the site is, or was, permitted or bonded:
i. the permit has expired or been revoked, or permit revocation proceedings have been initiated and are being pursued diligently; and
ii. the office has initiated and is diligently pursuing forfeiture of, or has forfeited, the performance bond.
Acid Drainage- water with a pH value of less than 6.0, and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation, or from an area affected by surface coal mining and reclamation operations.
Acid-Forming Materials- earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage.
Acid Test Ratio- the relation of quick assets to current liabilities.
Act- the Louisiana Surface Mining and Reclamation Act, R.S. 30:901-32.
Adjacent Area- land located outside the affected area, permit area or mine plan area, depending on the context in which "adjacent area" is used, where air, surface water or ground water, fish, wildlife, vegetation or resources protected by the Act may be adversely impacted by surface coal mining and reclamation operations.
Affected Area- any land or water surface which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes: the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas or shipping areas; any areas upon which are sited structures, facilities or other property material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings.
Agricultural Use- the use of any tract of land for the production of animal or vegetable life.
Applicant- a person applying for a permit.
Applicant/Violator System or AVS- an automated information system of applicant, permittee, operator, violation and related data the Office of Surface Mining maintains to assist in implementing the Surface Mining Control and Reclamation Act, as amended.
Application- the documents and other information filed with the commissioner for the issuance of an exploration, development operations or surface mining and reclamation operations permit.
Approximate Original Contour- that surface configuration achieved by backfilling and grading of the mined area so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the commissioner determines that they are in compliance with §5333
Aquifer- a zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.
Asset Ratio- the relation of total assets to total liabilities.
Assets- cash and current assets that are reasonably expected to be realized in cash or sold or consumed within one year.
Best Technology Currently Available- equipment, devices, systems, methods or techniques which will:
a. prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable state or federal laws; and
b. minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere as determined by the commissioner, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities, and design of sedimentation ponds in accordance with §5327 Within the constraints of the permanent program, the commissioner shall have the discretion to determine the best technology currently available on a case-by-case basis.
Capital Assets- those assets such as lands, buildings and equipment held for use in the production and sale of other assets and services.
Cash- all cash items except cash restricted by an agreement, or described as earmarked for a particular purpose; and short term investments such as stocks, bonds, notes and certificates of deposit where the intent and ability to sell them in the near future is established by the operator.
Cemetery- any area of land where human bodies are interred.
Coal- all forms of coal, including lignite.
Coal Exploration, or Exploration Operations- the drilling of test holes or core holes for the purpose of, or related to, the determining of the location, quantity or quality of a coal deposit under a permit to be issued by the commissioner; and any other coal exploration operations that will substantially disturb the surface and are not otherwise covered by the Act.
Coal MineWaste- coal processing waste and underground development waste.
Coal MiningOperation- the business of developing, producing, preparing and loading bituminous coal, subbituminous coal or lignite, or of reclaiming the areas upon which such activities occur. This term applies solely to Chapter 5 of these regulations.
Coal Preparation- chemical or physical processing and the cleaning, concentrating or other processing or preparation of coal.
Coal PreparationPlant- a facility where coal is subjected to chemical or physical processing or cleaning, concentrating or other processing or preparation. It includes facilities associated with coal preparation activities including, but not limited to, the following: loading facilities; storage and stockpile facilities; sheds, shops and other buildings; water-treatment and water-storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.
Coal ProcessingWaste- earth materials which are separated and wasted from the product coal during cleaning, concentrating or other processing or preparation of coal.
Collateral Bond- an indemnity agreement in a sum certain executed by the permittee as principal which is supported by the deposit with the office of one or more of the following:
a. a cash account, which shall be the deposit of cash in one or more federally insured or equivalently protected accounts, payable only to the office upon demand, or the deposit of cash directly with the office;
b. negotiable bonds of the United States, a state or a municipality, endorsed to the order of, and placed in the possession of, the office;
c. negotiable certificates of deposit, made payable or assigned to the office and placed in its possession or held by a federally insured bank;
d. an irrevocable letter of credit of any bank organized or authorized to transact business in the United States, payable only to the office upon presentation;
e. a perfected, first-lien security interest in real property in favor of the office; or
f. other investment-grade rated securities having a rating of AAA, AA or A or an equivalent rating issued by a nationally recognized securities rating service, endorsed to the order of, and placed in the possession of, the office.
Commissioner- the commissioner of the Office of Conservation of the state of Louisiana, or such other person or persons who may, from time to time, be designated by the commissioner to administer and enforce the provisions of the Act and these regulations.
Common SizeComparative Balance Sheet- item amounts from a number of the permittee's or applicant's successive yearly balance sheets arranged side-by-side in a single statement followed by common size percentages whereby:
a. the asset total is assigned a value of 100 percent;
b. the total of liabilities and owner equity is also assigned a value of 100 percent; and
c. each individual asset, liability and owner equity item is shown as a fraction of one of the 100 percent totals.
Common Size Comparative Income Statement- an operator's income statement amounts for a number of successive yearly periods arranged side by side in a single statement followed by a common size percentages whereby net sales are assigned a 100 percent value, and then each statement item is shown as a percentage of net sales.
Community orInstitutional Building- any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.
Compaction- increasing the density of a material by reducing the voids between the particles, and generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track or roller loads from heavy equipment.
Complete Application- an application for exploration or development operations approval or permit, which contains all information required under the Act or these regulations.
Control or Controller (when used in Chapters 23, 31 and 35)-
a. a permittee of a surface coal mining operation;
b. an operator of a surface coal mining operation; or
c. any person who has the ability to determine the manner in which a surface coal mining operation is conducted.
Cropland- land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops.
Cumulative ImpactArea- the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface- and ground-water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of: the proposed operation; all existing operations; any operation for which a permit application has been submitted to the office; and all operations required to meet diligent development requirements for leased federal coal for which there is actual mine development information available.
Current Liabilities- debts or other obligations that must be paid or liquidated within a short period of time, usually a year. This shall also include dividends payable on preferred stock within one year.
Current Ratio- the relation of current assets to current liabilities.
Data GatheringActivities- the field gathering of:
a. surface or subsurface geologic, physical or chemical data by mapping, trenching, drilling, geophysical or other techniques; or
b. the gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of these regulations; provided, however, that data gathering activities shall not include those activities defined as exploration operations or development operations as those terms are defined under the Act or these regulations.
Development Operations- all or any part of the process of removing, by power earth moving equipment, coal or overburden for the purpose of determining coal quality or quantity or coal mining feasibility; provided, that if more than 25,000 tons of coal or 10 acres of overburden will be removed then such operations will be considered surface coal mining operations.
Development OperationsPermit- the certification by the commissioner that the named person may conduct the development operations described in the certification during the term of the development operations permit and in the manner established in the certification.
Direct FinancialInterest- ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares or other holdings and any other arrangement where the employee may benefit from his or her holdings in, or salary from, coal mining operations. Direct financial interests include employment, pensions, creditor, immovable property and other financial relationships.
Director- the director of the federal Office of Surface Mining Reclamation and Enforcement.
Disturbed Area- an area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is completed and the performance bond or other assurance of performance required by Subpart 4 is released.
Diversion- a channel, embankment or other man-made structure constructed to divert water from one area to another.
Downslope- the land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.
Embankment- an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water, support roads or railways, or for other similar purposes.
Employee-
a. any person employed by the Office of Conservation who performs any function or duty under the Act;
b. members of advisory boards and commissions established in accordance with state laws or regulations to represent multiple interests, who perform a function or duty under the Act;
c. advisory board or commission members and consultants who perform any function or duty under the Act, if they perform decision-making functions for the office under the authority of state law or regulations.
Ephemeral Stream- a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice and which has a channel bottom that is always above the local water table.
Existing Structure- a structure or a facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of a state program or implementation of a federal program or federal lands program, whichever occurs first.
Exploration OperationsPermit- a permit issued by the commissioner to an applicant to conduct coal exploration as that term is defined in these regulations.
Extraction of Coal as an Incidental Part- the extraction of coal which is necessary to enable the construction to be accomplished. For the purposes of Chapter 7, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by construction shall be subject to the requirements of the Act and these regulations.
Federal Act- the Surface Mining Control and Reclamation Act of 1977 ( P.L. 95-87).
Federal LandProgram- a program established by the secretary of interior pursuant to §523 of the Federal Act to regulate surface coal mining and reclamation operations on federal lands.
Federal Lands- any lands, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands, but does not include Indian lands.
Federal Office- the Office of Surface Mining Reclamation and Enforcement established under Title II of the Federal Act.
Fixed Assets- plants and equipment, but does not include land or coal in place.
Fragile Lands- geographic areas containing natural, ecologic, scientific or aesthetic resources that could be damaged or destroyed by surface coal mining operations. Examples of fragile lands include: valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, national natural landmark sites, areas where mining may cause flooding, environmental corridors containing a concentration of ecologic and aesthetic features, areas of recreational value due to high environmental quality and buffer zones adjacent to the boundaries of areas where surface coal mining operations are prohibited under §922 of the Act and Chapter 11 of these regulations.
Fugitive Dust- that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haulroads, wind erosion of exposed surfaces, storage piles, spoil piles, reclamation operations and other activities in which material is either removed, stored, transported or redistributed.
Fund- the Abandoned Mine Reclamation Fund established pursuant to §401 of the Federal Act.
Government-FinancedConstruction- construction funded 50 percent or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds, but shall not mean government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent or in kind payments.
Government FinancingAgency- a federal, state, parish, municipal or local unit of government, or a department, bureau, agency or office of the unit which directly, or through another unit of government, finances construction.
Ground Cover- the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.
Ground Water- subsurface water that fills available openings in rock or soil materials to the extent that they are considered water-saturated.
Half-Shrub- a perennial plant with a woody base whose annually produced stems die back each year.
Head-of-Hollow Fill- a fill structure consisting of any material, other than coal-processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In fills with less than 250,000 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.
Highwall- the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.
Historic Lands- historic or cultural districts, places, structures or objects, including archaeological sites, National Historic Landmark sites, sites listed on or eligible for listing on a State or National Register of Historic Places, sites having religious or cultural significance to native Americans or religious groups or sites for which historic designation is pending.
Historically Used for Cropland-
a. lands that have been used for cropland for any five or more years out of the 10 years immediately preceding the acquisition, including purchase, lease or option of the land for the purpose of conducting or allowing through resale, lease or option the conduct of surface coal mining and reclamation operations;
b. lands that the office determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-year-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or
c. lands that would likely have been used as cropland for any five out of the last 10 years immediately preceding such acquisition, but for the same fact of ownership or control of the land unrelated to the productivity of the land.
Hydrologic Balance- the relationship between the quality and quantity of water inflow to, water outflow from and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the dynamic relationships between precipitation, runoff, evaporation and changes in surface- and ground-water storage.
Hydrologic Regime- the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface and returns to the atmosphere as vapor by means of evaporation and transpiration.
Imminent Danger to the Health and Safety of the Public- the existence of any condition or practice, or any violation of a permit or other requirement of these regulations in a surface coal mining and reclamation operation, which condition, practice or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement.
Impounding Structure- a dam, embankment or other structure used to impound water, slurry or other liquid or semiliquid material.
Impoundment- a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.
In SituProcesses- activities conducted on the surface or underground in connection with in-place processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining and fluid recovery mining.
Indian Lands- all lands, including mineral interests, within the exterior boundaries of any federal Indian reservation, notwithstanding the issuance of any patent, and including rights-of-way, and all lands including mineral interests held in trust for or supervised by an Indian tribe.
Indian Tribe- any Indian tribe, band, group or community located within the state of Louisiana having a governing body recognized by the secretary of interior.
Indirect FinancialInterest- the same financial relationship as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.
Intermittent Stream- a stream or reach of a stream that drains a watershed of at least one square mile or a stream or reach of a stream that is below the local water table for at least some part of the year and obtains its flow from surface runoff and ground-water discharge.
Irreparable Damage to the Environment- any damage to the environment that cannot be corrected by actions of the applicant.
Knowing or Knowingly- a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or a failure to abate or correct a violation.
Land Use- specific use or management-related activity, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use or uses from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the office.
a. Cropland- land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar specialty crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.
b. Pastureland or Land Occasionally Cut for Hay- land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.
c. Grazingland- includes both grasslands and forestlands where the indigenous vegetation is actively managed for grazing, browsing or occasional hay production. Land used for facilities in support of ranching operations which is adjacent to or an integral part of these operations is also included.
d. Forestry- land used or managed for the long-term production of wood, wood fiber or wood derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.
e. Residential- includes single- and multiple-family housing, mobile home parks and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.
f. Industrial/Commercial- land used for:
i. extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufacture. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, all rail, road and other transportation facilities;
ii. retail or trade of goods or services, including hotels, motels, stores, restaurants and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities.
g. Recreation- land used for public or private leisure-time use, including developed recreation facilities such as parks, camps and amusement areas, as well as areas for less intensive uses such as hiking, canoeing and other undeveloped recreational uses.
h. Fish and Wildlife Habitat- land dedicated wholly or partially to the production, protection or management of species of fish or wildlife.
i. Developed Water Resources- land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control and water supply.
j. Undeveloped Land or No Current Use or Land Management- land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.
Liquidity Ratio- the relation of cash to current liabilities.
Mine PlanArea- the area of land and water within the boundaries of all permit areas during the life of the surface coal mining and reclamation operations. At a minimum, it includes all areas which are or will be affected during the entire life of those operations. Other terms defined in this Section which relate closely to mine plan area are: permit area, which will always be within or the same as the mine plan area; affected area, which will always be within or the same as the permit area; adjacent area, which may surround or extend beyond the affected area, permit area or mine plan area; and cumulative impact area, which may surround or extend beyond the affected area, permit area or mine plan area, and includes all areas that may be affected by all surface coal mining and reclamation operations.
Moist BulkDensity- the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (one third bar moisture tension). Weight is determined after drying the soil at 105 C.
Monitoring- as used in Chapter 37, the collection of environmental data by either continuous or periodic sampling methods.
Mulch- vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth.
Natural HazardLands- geographic areas in which natural conditions exist which pose or, as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, large or encroaching sand dunes, severe wind or soil erosion, frequent flooding, avalanches and areas of unstable geology.
Net Profit- the bottom line of the income statement after taxes, including taxes based on income, adjustments, all extraordinary income and expense, but before preferred and common stock dividends.
Net Worth- total assets minus total liabilities; equivalent to owner's equity.
Noxious Plants- species that have been included on official Louisiana state lists of noxious plants.
Occupied Dwelling- any building that is currently being used on a regular or temporary basis for human habitation.
Office of Conservation or Office- the Office of Conservation of the Louisiana Department of Natural Resources.
Operator- any person, partnership or corporation engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth by surface coal mining methods within 12 consecutive calendar months in any one location.
Other Treatment Facilities-any chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point-source discharge and that are utilized:
a. to prevent additional contributions of dissolved or suspended solids to streamflow or runoff outside the permit area; or
b. to comply with all applicable state and federal water-quality laws and regulations.
Outslope- the face of the spoil or embankment sloping downward from the highest elevation to the toe.
Overburden- material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.
Own, Owner, or Ownership (as used in Chapters 23, 31 and 35) (except when used in the context of ownership of real property)-being a sole proprietor or owning of record in excess of 50 percent of the voting securities or other instruments of ownership of an entity.
Perennial Stream- a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include intermittent stream or ephemeral stream.
Performance Bond- a surety bond, collateral bond or self-bond, or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, these regulations, this program and the requirements of the permit and reclamation plan.
Permanent Diversion- a diversion remaining after surface coal mining and reclamation operations are completed which has been approved for retention by the office.
Permanent Impoundment- an impoundment which is approved by the office and, if required, by other state and federal agencies, for retention as part of the post-mining land use.
Permit- a permit to conduct surface coal mining and reclamation operations issued by the office pursuant to the Act, but does not include exploration and development permits.
Permit Area- the area of land and water within the boundaries of the permit which are designated on the permit application maps, as approved by the office. This area shall include, at a minimum, all areas which are or will be affected by the surface coal mining and reclamation operations during the term of the permit.
Permittee- a person holding a permit or persons required to have a permit.
Person- an individual, partnership, association, society, joint stock company, firm, company, corporation or other business organization.
a. Person having an interest which is or may be adversely affected or person with a valid legal interest shall include any person:
i. who lawfully uses any resources of economic, recreational, aesthetic or environmental value that may be adversely affected by coal exploration, development operations or surface coal mining and reclamation operations or any regulated action of the commissioner or the office; or
ii. whose property is or may be adversely affected by coal exploration, development operations or surface coal mining and reclamation operations or any related action of the commissioner or the office.
Precipitation Event- a quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also includes that quantity of water emanating from snow cover as snow-melt in a limited period of time.
Previously Mined Area-land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of 30 CFR Chapter VII.
Prime Farmland- those lands which are defined by the secretary of agriculture in 7 CFR 657 (Federal Register, Vol. 4 No. 21) and which have historically been used for cropland as that phrase is defined above.
Principal Shareholder- any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.
Probable CumulativeImpacts- as used in Chapter 37, the expected total qualitative and quantitative, direct and indirect effects of mining and reclamation activities on the hydrologic regime.
Probable HydrologicConsequence- as used in Chapter 37, the projected result of proposed surface coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface water and ground water, the surface- or ground-water flow, timing and pattern, the stream channel conditions, and the aquatic habitat on the permit area and other affected areas.
Prohibited FinancialInterest- any direct or indirect financial interest in any coal mining operation.
Property tobe Mined- both the surface and subsurface areas underneath lands which are within the permit area.
Public Building- any structure that is owned by a public agency or used principally for public business, meetings or other group gatherings.
Public Office- a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours.
Public Park- an area dedicated or designated by a federal, state or local agency for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved or held open to the public because of that use.
Public Road- a road:
a. which has been designated as a public road pursuant to the laws of the jurisdiction in which it is located;
b. which is maintained with public funds in a manner similar to other public roads of the same classification within the jurisdiction;
c. for which there is substantial (more than incidental) public use; and
d. which meets road construction standards for other public roads of the same classification in the local jurisdiction.
Qualified Laboratory-a designated public agency, private firm, institution, or analytical laboratory that can provide the required determination of probable hydrologic consequences or statement of results of test borings or core samplings or other services as specified at §3711 and that meets the standards of §3713
Quick Assets- cash and current assets that can be quickly turned into cash.
Rangeland- land on which the natural potential (climax) plant cover is principally native grasses, forbs and shrubs valuable for forage. This land includes natural grasslands and savannahs, such as prairies, and juniper savannahs, such as brushlands. Except for brush control, management is primarily achieved by regulating the intensity of grazing and season of use.
Recharge Capacity- the ability of the soils and underlying minerals to allow precipitation and runoff to infiltrate and reach the zone of saturation.
Reclamation- those actions taken to restore mined land as required by these regulations to a post-mining land use approved by the commissioner.
Recurrence Interval- the interval of time in which a precipitation event is expected to occur once, on the average. For example, a 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.
Reference Area- a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally by crop production methods approved by the office. Reference areas must be representative of geology, soil, slope and vegetation in the permit area.
Refuse Pile- a surface deposit of coal mine waste that does not impound water, slurry or other liquid or semiliquid material.
Regional Director- a regional director of the federal office or a regional director's representative.
Renewable ResourceLands- aquifers and areas for the recharge of aquifers and other underground waters; areas for agricultural or silvicultural production of food and fiber; and grazing lands.
Replacement of Water Supply-with respect to protected water supplies contaminated, diminished or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.
a. Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.
b. If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the post-mining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.
Retained Earnings- stockholder's equity that has arisen from retained assets from earnings in the business. This shall include only earnings from normal operations and not gains from such transactions as the sale of plant assets or investments.
Return onInvestment- the relation of net profit for the last yearly period to ending net worth.
Road- a surface right-of-way for purposes of travel by land vehicles used in surface coal mining and reclamation operations, coal exploration, or development operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes access and haulroads constructed, used, reconstructed, improved or maintained for use in surface coal mining and reclamation operations, coal exploration, or development operations, including use by coal hauling vehicles to and from transfer, processing or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.
Safety Factor- the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
Secretary- the Secretary of the Louisiana Department of Natural Resources.
Secretary ofInterior- the Secretary of the United States Department of the Interior.
Sedimentation Pond- an impoundment used to remove solids from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.
Self-Bond- an indemnity agreement in a sum certain payable to the commissioner executed by the permittee and each individual and business organization capable of influencing or controlling the investment or financial practices of the permittee by virtue of his authority as an officer or ownership of all or a significant part of the permittee.
Significant ForestCover- an existing plant community consisting predominantly of trees and other woody vegetation.
Significant, Imminent Environmental Harm to Land, Air or Water Resources-
a. an adverse impact on land, air or water resources which include plant and animal life;
b. a condition, practice or violation which is causing harm or may reasonably be expected to cause harm before the end of the reasonable abatement time that would be set under §921. A(3) of the Act; or
c. a harm which is appreciable and not immediately repairable.
Significant Recreational,Timber, Economic orOther Values Incompatiblewith Surface CoalMining Operations- those values to be evaluated for their significance which could be damaged and are not capable of existing together with surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on other affected areas. Those values to be evaluated for their importance include:
a. recreation, including hiking, boating, camping, skiing or other related outdoor activities;
b. timber management and silviculture;
c. agriculture, aquaculture or production of other natural, processed or manufactured products which enter commerce; and
d. scenic, historic, archeologic, esthetic, fish, wildlife, plants or cultural interests.
Siltation Structure- a sedimentation pond, a series of sedimentation ponds or other treatment facility.
Slope- the average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also by expressed as a percent or in degrees.
Soil Horizons- contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are:
a. A Horizon- the uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant and leaching of soluble or suspended particles is typically the greatest.
b. B Horizon- the layer that typically is immediately beneath the A horizon and often called the subsoil. This middle layer commonly contains more clay, iron or aluminum than the A or C horizon.
c. C Horizon- the deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.
Soil Survey- a field and other investigation, resulting in a map showing the different kinds of soils and an accompanying report that describes, classifies and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in §2907. A 1
Spoil- overburden that has been removed during surface coal mining operations.
Stabilize- to control movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
State RegulatoryAuthority- the Louisiana Office of Conservation.
Steep Slope- any slope of more than 20 degrees or such lesser slope as may be designated by the commissioner after consideration of soil, climate and other characteristics of a region.
Substantial Legaland Financial Commitments- significant investments that have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital intensive activities. Costs of acquiring the coal in place or the right to mine it alone without other significant investments, as described above, are not sufficient to constitute substantial legal and financial commitments.
Substantially Disturb- for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.
Successor inInterest- any person who succeeds to rights granted under a permit by transfer, assignment or sale of those rights.
Surety Bond- an indemnity agreement in a sum certain payable to the commissioner executed by the permittee which is supported by the performance guarantee of a corporation licensed to do business as a surety in this state.
Surface CoalMining and ReclamationOperations- surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term surface coal mining operations.
Surface Coal Mining Operations-
a. activities conducted on the surface of lands in connection with a surface coal mine, the products of which enter commerce or the operations of which directly or indirectly affect commerce. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal; and the loading of coal at or near the mine site; provided, however, that such activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed 16 2/3 percent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration or development subject to §912 of the Act; and provided, further, that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles;
b. the areas upon which such activities occur or where such activities disturb the natural land surface. Such areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or material on the surface, resulting from or incidental to such activities.
Surface MiningActivities- those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger coal mining or by recovery of coal from a deposit that is not in its original geologic location.
Suspended Solids or Nonfilterable Residue,Expressed as Milligramsper Liter- organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water analyses ( 40 CFR 136).
Tangible NetWorth- net worth minus intangibles such as goodwill and rights to patents or royalties.
Temporary Diversion- a diversion of a stream or overland flow which is used during coal exploration or surface mining and reclamation operations and not approved by the office to remain after reclamation as part of the approved post-mining land use.
Temporary Impoundment- an impoundment used during surface coal mining and reclamation operations, but not approved by the office to remain as part of the approved post-mining land use.
Ton- 2,000 pounds avoirdupois (0.90718 metric ton).
Topsoil- the A soil horizon layer of the three major horizons.
Toxic-Forming Materials- earth minerals or wastes which, if acted upon by air, water, weathering or micro-biological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
Toxic MineDrainage- water that is discharged from active or abandoned mines or other areas affected by coal exploration or development operations or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure or impair biota commonly present in the area that might be exposed to it.
Transfer, Assignment or Sale of Rights- a change of a permittee.
Unwarranted Failureto Comply- the failure of a permittee to prevent or abate the occurrence of any violation of his permit or any requirement of these regulations due to indifference, lack of diligence or lack of reasonable care.
Valid Existing Rights-a set of circumstances under which a person may, subject to office approval, conduct surface coal mining operations on lands where §922. D of the Act and §1105 of these regulations would otherwise prohibit such operations. Possession of valid existing rights only confers an exception from the prohibitions of §1105 of these regulations or §922. D of the Act. A person seeking to exercise valid existing rights must comply with all other pertinent requirements of the Act and the regulatory program.
a. Property Rights Demonstration. Except as provided in §105Valid Existing Rights.c, a person claiming valid existing rights must demonstrate that a legally binding conveyance, lease, deed, contract, or other document vests that person, or a predecessor in interest, with the right to conduct the type of surface coal mining operations intended. This right must exist at the time that the land came under the protection of §922. D of the Act or §1105 of these regulations. Applicable state law will govern interpretation of documents relied upon to establish property rights, unless federal law provides otherwise. If no applicable state law exists, custom and generally accepted usage at the time and place that the documents came into existence will govern their interpretation.
b. Except as provided in §105Valid Existing Rights.c, a person claiming valid existing rights also must demonstrate compliance with one of the following standards.
i. Good Faith/All Permits Standard. All permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith effort to obtain all necessary permits and authorizations had been made, before the land came under the protection of §922. D of the Act or §1105 of these regulations. At a minimum, an application must have been submitted for any permit required under Subpart 3 of these regulations.
ii. Needed for and Adjacent Standard. The land is needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations had been obtained, or a good faith attempt to obtain all permits and authorizations had been made, before the land came under the protection of §922. D of the Act or §1105 of these regulations. To meet this standard, a person must demonstrate that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of §922. D of the Act or §1105 of these regulations. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of §922. D of the Act or §1105 of these regulations when the office approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the office may consider factors such as:
(a). the extent to which coal supply contracts or other legal and business commitments that predate the time that the land came under the protection of §922. D of the Act or §1105 of these regulations depend upon use of that land for surface coal mining operations;
(b). the extent to which plans used to obtain financing for the operation before the land came under the protection of §922. D of the Act or §1105 of these regulations rely upon use of that land for surface coal mining operations;
(c). the extent to which investments in the operation before the land came under the protection of §922. D of the Act or §1105 of these regulations rely upon use of that land for surface coal mining operations; and
(d). whether the land lies within the area identified on the life-of-mine map submitted under §2535. A.3 before the land came under the protection of §1105
c. Roads. A person who claims valid existing rights to use or construct a road across the surface of lands protected by §1105 of these regulations or §922. D of the Act must demonstrate that one or more of the following circumstances exist if the road is included within the definition of surface coal mining operations in §105:
i. the road existed when the land upon which it is located came under the protection of §1105 of these regulations or §922. D of the Act, and the person has a legal right to use the road for surface coal mining operations;
ii. a properly recorded right-of-way or easement for a road in that location existed when the land came under the protection of §1105 of these regulations or §922. D of the Act, and, under the document creating the right-of-way or easement and under subsequent conveyances, the person has a legal right to use or construct a road across the right-of-way or easement for surface coal mining operations;
iii. a valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of §1105 of these regulations or §922. D of the Act; or
iv. valid existing rights exist under §105Valid Existing Rights.a and b.
Valley Fill- a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20 degrees or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.
Violation ( when used in the context of the permit application information or permit eligibility requirements of §907 C of the Act and related regulations)-
a. a failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or
b. a noncompliance for which the Office of Surface Mining has provided one or more of the following types of notice or the office has provided equivalent notice under corresponding provisions of these regulations:
i. a notice of violation under §6503;
ii. a cessation order under §6501;
iii. a final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under Chapters 69 or 71;
iv. a bill or demand letter pertaining to delinquent reclamation fees owed under §906 of the Act; or
v. a notice of bond forfeiture under Chapter 47 when:
(a). one or more violations upon which the forfeiture was based have not been abated or corrected; or
(b). the amount forfeited and collected is insufficient for full reclamation under §4703. D 1, the office orders reimbursement for additional reclamation costs, and the person has not complied with the reimbursement order.
Violation Notice- any written notification from a governmental entity of a violation of the law, whether by letter, memorandum, legal or administrative pleading or other written communication.
Water Table- the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.
Willful or Willfully- a person who authorized, ordered or carried out an act or omission that resulted in either a violation or the failure to abate or correct a violation acted:
a. intentionally, voluntarily, or consciously; and
b. with intentional disregard or plain indifference to legal requirements.
Working Capital- the excess of the operator's current assets over its current liabilities.
La. Admin. Code tit. 43, § XV-105