Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part I - Office of the Secretary
Subpart 1 - General
Chapter 11 - Leasing State Owned Lands and Water Bottoms for the Exploration, Development and Production of an Alternative Energy Source
Subchapter C - Alternative Energy Source Lease Suspension or Cancellation
Section I-1145 - Partial or Full Suspension of an Alternative Energy Source Lease
Universal Citation: LA Admin Code I-1145
Current through Register Vol. 50, No. 9, September 20, 2024
A. The board, or an authorized representative of the board, may order a suspension after notice and opportunity for a hearing of the AESL under the following circumstances:
1. when necessary to comply with judicial
decrees prohibiting some or all activities under the AESL;
2. when continued activities pose an imminent
threat of serious or irreparable harm or damage to natural resources, life
(including human and wildlife), property, the marine, coastal, riverine, or
human environment, or sites, structures, or objects of historical or
archaeological significance;
3.
when the alternative energy source operations adversely impact, impede,
obstruct, or interfere with the navigability of any waterway, the use of the
waterway by other users, or interfere with maritime commerce or the
recreational use of the waterway;
4. lessee or its operator fails to comply
with an applicable law, regulation, order, resolution, or provision of the
AESL.
B. If the board, or its authorized representative, orders a suspension under Paragraph A.2. or A.3. of this Subpart, and the lessee wishes to resume activities, the board, or its authorized representative, may require the lessee to conduct a site-specific study to evaluate the cause of the harm, the potential damage, and/or the available mitigation measures.
1.
The lessee shall be responsible for payment of the site-specific
study.
2. The lessee shall furnish
one paper copy and one electronic copy of the site-specific study and results
to the Board or its authorized representative.
3. The board, or its authorized
representative, will make the results available to other interested parties and
to the public.
4. The board, or its
authorized representative, will use the results of the site-specific study and
any other information that becomes available:
a. to determine if the suspension order
should be lifted;
b. to determine
any actions that the lessee must take to mitigate or avoid any damage to
natural resources, life (including human and wildlife), property, the marine,
coastal, riverine, or human environment, or sites, structures, or objects of
historical or archaeological significance.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:124.
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