La. Admin. Code tit. 43 § XV-3505

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

Section XV-3505 - Permit Revisions

A. A revision to a permit shall be obtained for all departures from the method of conduct of mining or reclamation operations contemplated by the permit in accordance with this Section.

1. The permittee shall submit to the office an application for permit revision setting forth the proposed departure from the method of conduct of mining or reclamation operations for review and determination by the office of whether the proposed departure constitutes a significant departure. Significant departures would include any change in permit area, mining method or reclamation procedure which would, in the opinion of the commissioner, significantly change the effect the mining operation would have on either those persons impacted by the permitted operation or on the environment. Within 15 days of receipt of a complete application, the office shall notify the permittee of its determination that the proposed departure set forth in the application does or does not constitute a significant departure. Within 45 days after the office determines that the proposed departure is not a significant departure, the office shall issue to the permittee approval or disapproval of the permit revision for such departure.

2. For departures from the surface coal mining or reclamation operations described in the original application and approved under the original permit which are determined by the office to constitute a significant departure, the permittee shall file an application for revision in accordance with §3505 C

B. An application for a revision to a permit shall also be required to be filed by the permittee:

1. when required by an order issued under §3503;

2. in order to continue operation after the cancellation or material reduction of the liability insurance policy, capability of self-insurance, performance bond, or other equivalent guarantee upon which the original permit was issued; or

3. as otherwise required under these regulations.

C. The application for revision required under §3505. A.2 and B shall be filed in accordance with the following:

1. the permittee shall submit the application to the office within the time provided for by §1905 C;

2. the scale or extent of permit application information requirements and procedures, including notice and hearings, applicable to revision requests shall be as required by the office. Any application for a revision which proposes significant departure in the operations described in the materials submitted in the application for the original permit under Chapters 23, 25, 27 or 29 or in the conditions of the original permit shall, at a minimum, be subject to the requirements of Chapters 31 and 33;

3. the office shall approve or disapprove the complete application for revision, in accordance with the requirements of Chapter 31, within 15 days after the close of the comment period prescribed therein.

D. Any extensions to the area covered by the permit, except for incidental boundary revisions, shall be made by application for a new permit and shall not be approved under this Chapter.

E. In the event that an approved permit is revised in accordance with this Section, the office shall review the bond for adequacy and, if necessary, shall require adjustment of the bond to conform to the permit as reviewed.

La. Admin. Code tit. 43, § XV-3505

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.