La. Admin. Code tit. 43 § XV-3103

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

Section XV-3103 - Public Notices of Filing of Permit Applications

A. An applicant for a permit shall place an advertisement in a local newspaper of general circulation designated as the official journal by the governing authority in the parish of the proposed surface coal mining and reclamation operations at least once a week for four consecutive weeks. The applicant shall place the advertisement in the newspaper at the same time the complete permit application is filed with the office. The advertisement shall contain, at a minimum, the following information:

1. the name and address of the applicant;

2. a map or description which shall:

a. clearly show or describe towns, rivers, streams or other bodies of water, local landmarks, and any other information, including routes, streets or roads and accurate distance measurements, necessary to allow local residents to readily identify the proposed permit area;

b. clearly show or describe the exact location and boundaries of the proposed permit area;

c. state the name of the United States Geological Survey 7.5-minute quadrangle map(s) which contains the area shown or described; and

d. if a map is used, indicate the north point;

3. the location where a copy of the application is available for public inspection under §3103 C;

4. the name and address of the office in order that written comments, objections, or requests for informal conferences on the application may be submitted under §§3105-3109;

5. if an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with §1107 D, a concise statement describing the public road, the particular part to be relocated or closed, and the approximate timing and duration of the relocation or closing;

6. if the application includes a request for an experimental practice under §2901, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.

B. Upon receipt of a complete application for a permit, the office shall issue written notification of:

1. the applicant's intention to surface mine a particularly described tract of land;

2. the application number;

3. where a copy of the application may be inspected; and

4. where comments on the application may be submitted under §3105

C. The written notifications shall be sent to:

1. federal, state and local government agencies with jurisdiction over or an interest in the area of the proposed operations including, but not limited to, the U.S. Department of Agriculture Soil Conservation Service district office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, state and federal fish and wildlife agencies, and the state historic preservation officer;

2. local governmental agencies with jurisdiction to act with regard to land use, air or water quality planning in the area of the proposed operations;

3. sewage and water treatment authorities and water companies, either providing sewage or water services to users in the area of the proposed operations or having water sources or collection, treatment or distribution facilities located in these areas; and

4. the federal or state governmental agencies with authority to issue all other permits and licenses needed by the applicant in connection with operations proposed in the application.

D.

1. The applicant shall make a full copy of his or her complete application for a permit, permit revisions, renewals, transfers, assignments and sales of permit rights on file with the office available for the public to inspect and copy. This shall be done by filing a copy of the application submitted to the office with the recorder at the courthouse of the parish where the mining is proposed to occur, or if approved by the office, at another equivalent public office, if it is determined that that office will be more accessible to local residents than the parish courthouse.

2. The applicant shall file the copy of the complete application under §3103. D.1 by the first date of newspaper advertisement of the application. The applicant shall file any subsequent revision of the application with the public office at the same time the revision is submitted to the office.

La. Admin. Code tit. 43, § XV-3103

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 29:1497 (August 2003).

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