La. Admin. Code tit. 43 § XV-2539

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

Section XV-2539 - Prime Farmland Investigation

A. All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The office, in consultation with the U.S. Soil Conservation Service, shall determine the nature and extent of the required reconnaissance inspection.

B. Land shall not be considered prime farmland where the applicant can demonstrate one of the following:

1. the land has not been historically used as cropland;

2. the slope of the land is 10 percent or greater;

3. other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in two years, and the flooding has reduced crop yields;

4. on the basis of a soil survey of lands within the mine plan area, there are no soil map units that have been designated prime farmland by the United States Soil Conservation Service.

C. If the reconnaissance inspection establishes that no land within the proposed permit area is prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.

D. If the investigation indicates that lands within the proposed mine plan area may be prime farmlands, the applicant shall contact the United States Soil Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed mine plan area, the applicant shall cause such a survey to be made:

1. when a soil survey of lands within the proposed mine plan area contains soil map units which have been designated as prime farmlands, the applicant shall submit an application in accordance with §2907 for such designated land;

2. when a soil survey for lands within the proposed mine plan area contains soil map units which have not been designated as prime farmland after review by the United States Soil Conservation Service, the applicant shall submit a request for negative determination for nondesignated land with the permit application establishing compliance with §2539 B

La. Admin. Code tit. 43, § XV-2539

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).

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