La. Admin. Code tit. 43 § XV-5431

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

Section XV-5431 - Post-Mining Land Use

A. General. All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before any mining, or to higher or better uses achievable under the criteria and procedures of this Section.

B. Determining Premining Use of Land. The premining uses of land to which the post-mining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.

1. The post-mining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that existed prior to any mining, provided that, if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the post-mining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

2. The post-mining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.

3. If the premining use of the land was changed within five years of the beginning of mining, the comparison of post-mining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.

C. Prior to the Release of Lands from the Permit Area. In accordance with §4503. B the permit area shall be restored in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the office after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following criteria are met.

1. The proposed post-mining land use is compatible with adjacent land use and, where applicable, with existing local, state or federal land use policies and plans. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the office within 60 days of notice by the office and before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, state or federal land management agencies, is obtained and remains valid throughout the surface mining activities.

2. Specific plans are prepared and submitted to the office which show the feasibility of the post-mining land use as related to projected land use trends and markets and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and will be sustained. The office may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.

3. Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under §2723 The letters shall be submitted to the office before surface mining activities begin.

4. Specific and feasible plans are submitted to the office which show that financing, attainment and maintenance of the post-mining land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the person who conducts the surface mining activities.

5. Plans for the post-mining land use are designed under the general supervision of a registered professional engineer who will ensure that the plans conform to applicable, accepted standards for adequate land stability, drainage, vegetative cover and esthetic design appropriate for the post-mining use of the site.

6. The proposed use will neither present actual or probable hazard to public health or safety nor will it pose any actual or probable threat of water flow diminution or pollution.

7. The use will not involve unreasonable delays in reclamation.

8. Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the office, and appropriate state and federal fish and wildlife management agencies have been provided a 60-day period in which to review the plan before surface mining activities begin.

9. Proposals to change premining land uses of range, fish and wildlife habitat, forest land, hayland or pasture to a post-mining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization or other similar practices to be practicable, or to comply with applicable federal, state and local laws, are reviewed by the office to insure that:

a. there is a firm commitment by the person who conducts surface mining activities or by the landowner or land manager to provide sufficient crop management after release of applicable performance bonds under Subpart 4 and §§5417-5423, to assure that the proposed post-mining cropland use remains practical and reasonable;

b. there is sufficient water available and committed to maintain crop production;

c. topsoil quality and depth are sufficient to support the proposed use.

La. Admin. Code tit. 43, § XV-5431

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.