La. Admin. Code tit. 43 § XV-3121

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

Section XV-3121 - Permit Terms

A. Each permit shall be issued for a fixed term not to exceed five years. A longer fixed permit term may be granted, if:

1. the application is full and complete for the specified longer term;

2. the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.

B. Termination, Extension

1. A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within three years of the issuance of the permit.

2. The office may grant reasonable extensions of time for commencement of these operations, upon receipt of a written statement showing that such extensions of time are necessary, if litigation precludes the commencement or threatens substantial economic loss to the permittee, or there are conditions beyond the control and without the fault or negligence of the permittee.

3. With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.

4. Extensions of time granted by the office under this Subsection shall be specifically set forth in the permit and notice of the extension shall be made to the public.

C. Permits may be suspended, revoked, or modified by the office, in accordance with §2901 and Chapters 63, 65 and 69.

La. Admin. Code tit. 43, § XV-3121

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).

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