La. Admin. Code tit. 43 § XV-5703

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

Section XV-5703 - Steep Slopes: Performance Standards

A. Surface coal mining and reclamation operations subject to this Chapter shall comply with requirements of Subpart 3 and the following, except to the extent a variance is approved under §5705

1. The person engaged in surface coal mining and reclamation operations shall prevent the following materials from being placed or allowed to remain on the downslope: spoil, waste materials including waste mineral matter, debris including that from clearing and grubbing of haul road construction, and abandoned or disabled equipment.

2. Nothing in this Subsection shall prohibit the placement of material in road embankments located on the downslope, so long as the material used and embankment design comply with the requirements of §5433-5435 and the material is moved and placed in a controlled manner.

B. The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of §5405-5415 including, but not limited to, the return of the site to the approximate original contour. The person who conducts the surface coal mining and reclamation operation must demonstrate to the office, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3.

C. Land above the highwall shall not be disturbed, unless the office finds that the disturbance facilitates compliance with the requirements of this Chapter.

D. Material in excess of that required by the grading and backfilling provisions of §5703. B shall be disposed of in accordance with the requirements of §5365-5371

E. Woody materials shall not be buried in the backfilled area unless the office determines that the proposed method for placing woody material beneath the highwall will not deteriorate the stable condition of the backfilled area as required in §5703. B Woody materials may be chipped and distributed over the surface of the backfill as mulch, if special provision is made for their use and approved by the office.

F. Unlined or unprotected drainage channels shall not be constructed on backfills unless approved by the office as stable and not subject to erosion.

La. Admin. Code tit. 43, § XV-5703

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.