La. Admin. Code tit. 43 § XV-2111

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-2111 - General Requirements: Development Operations Involving Removal of More Than 250 Tons

A. If the development operation will involve the removal of more than 250 tons of coal, but in no event exceed the removal of more than 25,000 tons of coal or 10 surface acres of overburden, the application shall contain the following:

1. the name, address and telephone number of the applicant;

2. the name, address and telephone number of the representative of the applicant who will be present at and be responsible for conducting the development;

3. a development and reclamation operation plan, including:

a. a narrative description of the proposed development area, cross-referenced to the map required under §2111. A 5, including surface topography; geological, surface water, and other physical features; vegetative cover, the distribution and important habitats of fish, wildlife, and plants including, but not limited to, any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (U.S.C. Sec. 1531 et seq.); districts, sites, buildings, structures or objects listed on or eligible for listing on the National Register of Historic Places; known archaeological resources within the proposed exploration area; and any other information which the office may require regarding known or unknown historic or archaeological resources;

b. a narrative description of the methods to be used to conduct coal development and reclamation including, but not limited to, the types and uses of equipment, drilling, blasting, road or other access route construction and excavated earth and other debris disposal activities;

c. an estimated timetable for conducting and completing each phase of the development and reclamation;

d. the estimated amounts of coal to be removed and a description of the methods to be used to determine those amounts;

e. a statement of why extraction of more than 250 tons of coal is necessary for development operations; and

f. a description of the measures to be used to comply with the applicable requirements of §915 of the Act and these regulations;

4. the name and address of the owner of record of the surface and subsurface area to be developed;

5. a map at a scale of 1:24,000 or larger showing the areas of land to be substantially disturbed by the proposed development and reclamation. The map shall specifically show existing roads, occupied dwellings and pipelines; proposed location of trenches, roads and other access routes and structures to be constructed; the location of land excavations to be conducted; water or coal exploratory holes and wells to be drilled or altered; earth or debris disposal areas; existing bodies of surface water; historic, topographic, cultural and drainage features; and habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

6. if the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting development and reclamation;

7. a bond in an amount determined by the commissioner to be sufficient to insure performance of the duty to reclaim as otherwise determined from the disclosures in this Section.

8. for any lands listed in §1105, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of §1105, and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of §1105

B. Public Notice and Opportunity to Comment. Public notice of the application and opportunity to comment shall be provided as follows.

1. Within one week after filing, public notice of the filing of the application with the commissioner shall be posted by the applicant at the courthouse or other public office designated by the commissioner in the vicinity of the proposed development area. In addition, the applicant shall provide public notice of the filing of an administratively complete application with the office in a newspaper of general circulation designated as the official journal by the governing authority in the parish of the proposed development operations.

2. The public notice shall state the name and business address of the person seeking approval, the date of filing of the application, the address of the commissioner at which written comments on the application may be submitted, the closing date of the comment period, and a description of the general area of development.

3. Any person with an interest which is or may be adversely affected shall have the right to file written comments on the application within 30 days of the date of public notice set forth in §2111. B 1

La. Admin. Code tit. 43, § XV-2111

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 29:1494 (August 2003).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.