La. Admin. Code tit. 43 § XV-8905

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

Section XV-8905 - Entry and Consent to Reclaim

A. The office or its agents, employees, or contractors, may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past mining if consent from the owner is obtained.

B. If consent is not obtained, then, prior to entry under this Section, the board shall find in writing with supporting reasons that:

1. land or water resources have been or may be adversely affected by past coal mining practices;

2. the adverse effects are at a state where, in the interest of the public health, safety or the general welfare, action to restore, reclaim, abate, control or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for the office, its agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past mining practices.

C. The office shall give notice of its intent to enter for purposes of conducting reclamation at least 30 days before entry upon the property. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this Section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this Section may be inspected or obtained.

La. Admin. Code tit. 43, § XV-8905

Promulgated by the Department of Natural Resources, Office of Conservation, LR 12:26 (January 1986).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:905.1-905.5.