La. Admin. Code tit. 43 § XV-2113

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

Section XV-2113 - Applications: Approval or Disapproval of Development of More Than 250 Tons

A. The commissioner shall initiate action upon a completed application for approval within 15 days after the close of the comment period as prescribed by §2111 B

B. The commissioner shall approve a complete application filed in accordance with this Chapter, if he finds in writing, that the applicant has demonstrated that the development and reclamation described in the application:

1. will be conducted in accordance with the Act, these regulations, and the program approved by the secretary of interior;

2. will not jeopardize the continued existence of an endangered or threatened species listed pursuant to §4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species; and

3. will not adversely affect any cultural resources or districts, sites, buildings, structures or objects listed or eligible for listing on the National Register of Historic Places, unless the proposed exploration has been approved by both the office and the agency with jurisdiction over such matters.

4. will, with respect to exploration activities on any lands protected under §1105, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the office will provide reasonable opportunity to the owner of the feature causing the land to come under the protection of §1105, and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of §1105, to comment on whether the finding is appropriate.

C. Terms of Approval. Each approval issued by the commissioner shall contain conditions necessary to ensure that the development and reclamation will be in compliance with the Act, these regulations and the program approved by the secretary of interior.

La. Admin. Code tit. 43, § XV-2113

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), 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.