La. Admin. Code tit. 43 § XV-5105

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-5105 - Performance Standards for Coal Exploration or Development

A. The performance standards in this Section are applicable to coal exploration or development which substantially disturbs the land surface.

1. Habitats of unique or unusually high value for fish, wildlife and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be disturbed during coal exploration.

2. The person who conducts coal exploration or development shall, to the extent practicable, measure important environmental characteristics of the exploration or development area during the operations to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit under Subpart 3.

3. All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of §5433. B - F, 5437 and 5439.

4. If excavations, artificial flat areas or embankments are created during exploration or development, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration or development.

5. Topsoil shall be removed, stored and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the office.

6. Revegetation of areas disturbed by coal exploration or development operations shall be performed by the person who conducts the exploration or development, or his or her agent. All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following.

a. All disturbed lands shall be seeded or planted to the same seasonal variety native to the disturbed area. If both the pre-exploration or predevelopment and post-exploration or post-development land uses are intensive agriculture, planting of the crops normally grown will meet the requirements of this Subsection.

b. The vegetative cover shall be capable of stabilizing the soil surface against erosion.

7. Diversions of overland flows and ephemeral, perennial or intermittent streams shall be made in accordance with §5323

8. Each exploration or development hole, borehole, well or other exposed underground opening created during exploration or development must meet the requirements of §§5303, 5305, and 5307.

9. All facilities and equipment shall be removed from the exploration or development area promptly when they are no longer needed for exploration or development, except for those facilities and equipment that the office determines may remain to:

a. provide additional environmental quality data;

b. reduce or control the on- and off-site effects of the exploration or development activities; or

c. facilitate future surface mining and reclamation operations by the person conducting the exploration or development, under an approved permit.

10. Coal exploration or development shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance, in accordance with §5319-5333 The office may specify additional measures which shall be adopted by the person engaged in coal exploration or development.

11. Toxic- or acid-forming materials shall be handled and disposed of in accordance with §5331 If specified by the office, additional measures shall be adopted by the person engaged in coal exploration or development.

La. Admin. Code tit. 43, § XV-5105

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 6:296 (June 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

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