Current through Register Vol. 50, No. 9, September 20, 2024
A. Upon receipt of
a complete application for a surface coal mining and reclamation operation
permit, the office shall review the application to determine whether surface
coal mining operations are limited or prohibited under
§1105 on the lands which would be
disturbed by the proposed operation.
B. The office shall reject any portion of the
application that would locate surface coal mining operations on land protected
under §1105 unless:
1. the site qualifies for the exception for
existing operations under §1109;
2.
a person has valid existing rights for the land, as determined under
§2323;
3. the applicant obtains a
waiver or exception from the prohibitions of
§1105 in accordance with
§1107. D or E;
or
4. for lands protected by
§1105. A 3, both the
office and the agency with jurisdiction over the park or place jointly approve
the proposed operation in accordance with
§1107 F
C. If the office is unable to determine
whether the proposed operation includes land within an area specified in
§1105. A.1 or is located
closer than the limits provided in
§1105. A.6 or 7, the
office shall transmit a copy of the relevant portions of the permit application
to the federal, state or local government agency with jurisdiction over the
protected land, structure or feature for a determination or clarification of
the relevant boundaries or distances, with a notice to the appropriate agency
that it must respond within 30 days of receipt of the request. The notice must
specify that another 30 days is available upon request, and that the office
will not necessarily consider a response received after the comment period
provided. If no response is received within the 30-day period or within the
extended period granted, the office may make the necessary determination based
on the information it has available.
D.Section 1107. D does not apply
to lands for which a person has valid existing rights, as determined under
§2323; lands within the scope of the exception for existing operations in
§1109; or access or haul roads that join a public road, as described in
§1105. A.4.b Where the
mining operation is proposed to be conducted within 100 feet, measured
horizontally, of the outside right-of-way line of any public road (except as
provided in
§1105. A.4.b or where
the applicant proposes to relocate or close any public road, the office or
public road authority designated by the office shall:
1. require the applicant to obtain necessary
approvals of the authority with jurisdiction over the public road;
2. provide an opportunity for a public
hearing in the locality of the proposed mining operation for the purpose of
determining whether the interests of the public and affected landowners will be
protected;
3. if a public hearing
is requested, provide appropriate advance notice of the public hearing, to be
published in a newspaper of general circulation in the affected locale at least
two weeks prior to the hearing; and
4. make a written finding based upon
information received at the public hearing within 30 days after completion of
the hearing, or after any public comment period ends if no hearing is held, as
to whether the interests of the public and affected landowners will be
protected from the proposed mining operation. No mining shall be allowed within
100 feet of the outside right-of-way line of a road, nor may a road be
relocated or closed, unless the office or public road authority determines that
the interests of the public and affected landowners will be
protected.
E.
1. Subsection 1107. E does not apply
to lands for which a person has valid existing rights, as determined under
§2323; lands within the scope of the exception for existing operations in
§1109; or access or haul roads that connect with an existing public road on the
side of the public road opposite the dwelling, as provided in
§1105. A.5 Where the
proposed surface coal mining operations would be conducted within 300 feet,
measured horizontally, of any occupied dwelling, the applicant shall submit
with the application a written waiver by lease, deed or other conveyance from
the owner of the dwelling clarifying that the owner and signatory had the legal
right to deny mining and knowingly waived that right. The waiver shall act as
consent to such operations within a closer distance of the dwelling as
specified.
2. Where the applicant
for a permit after August 3, 1977 had obtained a valid waiver prior to August
3, 1977 from the owner of an occupied dwelling to mine within 300 feet of such
dwelling, a new waiver shall not be required.
3.
a. Where
the applicant for a permit after August 3, 1977 had obtained a valid waiver
from the owner of an occupied dwelling, that waiver shall remain effective
against subsequent purchasers who had actual or constructive knowledge of the
existing waiver at the time of purchase.
b. A subsequent purchaser shall be deemed to
have constructive knowledge if the waiver has been properly filed in
public-property records pursuant to state laws or if the mining has proceeded
to within the 300-foot limit prior to the date of purchase.
F.
1. Where the office determines that the
proposed surface coal mining operation will adversely affect any publicly owned
park or any place included in the National Register of Historic Places, the
office shall transmit to the federal, state or local agency with jurisdiction
over the park or place a copy of applicable parts of the permit application,
together with a request for that agency's approval or disapproval of the
operation, and a notice to that agency that it has 30 days from receipt of the
request within which to respond. The notice must specify that another 30 days
is available upon request, and that failure to interpose a timely objection
will constitute approval. The office may not issue a permit for a proposed
operation subject to the provisions of this Paragraph unless all affected
agencies jointly approve.
2.
Subsection 1107.
F does not apply to lands for which a person
has valid existing rights, as determined under
§2323 or lands within the scope of the
exception for existing operations in §1109
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.
