La. Admin. Code tit. 43 § XV-2305

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

Section XV-2305 - Identification of Interests

A. An application shall contain the following information, except that the submission of a Social Security number is voluntary:

1. a statement as to whether the applicant and the applicant's operator are corporations, partnerships, single proprietorships, associations or other business entities;

2. the name, address, telephone number and, as applicable, Social Security number and employer identification number of the:

a. applicant;

b. applicant's resident agent;

c. any operator, if different from the applicant;

d. each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator. For every such business entity, the applicant must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity; and

e. for the applicant and applicant's operator, the information required by §2305. A.2.d must be provided for every officer, partner, member, director, person performing a function similar to a director and person who owns, of record, 10 percent or more of the applicant or operator;

3. for each person identified in §2305 A:

a. the person's name, address, Social Security number and employer identification number;

b. the person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

c. the title of the person's position, date position was assumed and, when submitted under §3123. A 6, date of departure from the position;

d. each additional name and identifying number, including employer identification number, federal or state permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five years preceding the date of the application; and

e. the application number or other identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any state in the United States;

4. for any surface coal mining operation owned or controlled by either the applicant, the applicant's operator, or by any person who owns or controls the applicant under the definition of owned or controlled and owns or controls in §105, the operation's:

a. name, address, identifying numbers, including employer identification number, federal or state permit number and MSHA number, the date of issuance of the MSHA number, and regulatory authority; and

b. ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

5. the name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined;

6. the name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area;

7. the MSHA numbers for all mine-associated structures that require MSHA approval;

8. a statement of all lands, interest in lands, options or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. If requested by the applicant, any information required by this Subsection which is not on public file pursuant to state law shall be held in confidence by the office, as provided under §3111. C 2;

9. after an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under §2305. A 1-4;

10. the applicant shall submit the information required by this Section and by §2307 in any prescribed OSM format that is issued.

La. Admin. Code tit. 43, § XV-2305

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 37:2730 (September 2011).

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