La. Admin. Code tit. 43 § XV-405
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-405 - Application Requirements and ProceduresA.1. Any person who plans to commence or continue coal extraction after April 1, 1990, the effective date of the proposed rules, in reliance on the incidental mining exemption shall file a complete application for exemption with the office for each mining area.2. Following incorporation of an exemption application approval process into the regulatory program, a person may not commence coal extraction based upon the exemption until the office approves such application except as provided in §405. E 3B. Existing Operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to April 1, 1990, the effective date of the proposed rules, may continue mining operations for 60 days after such effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively complete application for exemption with the office. If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the office makes an administrative decision on such application.C. Additional Information. The office shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.D. Public Comment Period. Following publication of the newspaper notice required by §407. A 9, the office shall provide a period of no less than 30 days during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections.E. Exemption Determination 1. No later than 90 days after filing of an administratively complete application, the office shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this Chapter, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.2. The determination of exemption shall be based upon information contained in the application and any other information available to the office at that time.3. If the office fails to provide an applicant with the determination as specified in §405. E 1, an applicant who has not begun may commence coal extraction pending a determination on the application unless the office issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.F. Administrative Review 1. Any adversely affected person may request administrative review of a determination under §405. E within 30 days of the notification of such determination in accordance with procedures established under §33012. A petition for administrative review filed under §3301 shall not suspend the effect of a determination under §405 ELa. Admin. Code tit. 43, § XV-405
Promulgated by the Department of Natural Resources, Office of Conservation, LR 20:447 (April 1994).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.