Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 5 - Permanent Program Performance Standards
Chapter 53 - Permanent Program Performance Standards: Surface Mining Activities
Section XV-5311 - Topsoil: Removal

Universal Citation: LA Admin Code XV-5311

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

A. Timing. Topsoil shall be removed after vegetative cover that would interfere with the use of the topsoil is cleared from the areas to be disturbed, but before any drilling, blasting, mining or other surface disturbance.

B. Materials to be Removed. All topsoil shall be removed in a separate layer from the areas to be disturbed, unless use of substitute or supplemental materials is approved by the office in accordance with §5311. E If use of substitute or supplemental materials is approved, all materials to be redistributed shall be removed.

C. Materials to be Removed in Thin Topsoil Situations. If the topsoil is less than 6 inches, a 6-inch layer that includes the A horizon and the unconsolidated materials immediately below the A horizon, or the A horizon and all unconsolidated material if the total available is less than 6 inches, shall be removed and the mixture segregated and redistributed as the surface soil layer, unless topsoil substitutes are approved by the office pursuant to §5311 E

D. Subsoil Segregation. The B horizon and portions of the C horizon or other underlying layers demonstrated to have qualities for comparable root development shall be segregated and replaced as subsoil, if the office determines that either of these is necessary or desirable to ensure soil productivity consistent with the approved post-mining land use.

E. Topsoil Substitutes and Supplements

1. Selected overburden materials may be substituted for or used as a supplement to topsoil, if the office determines that the resulting soil medium is equal to or more suitable for sustaining revegetation than is the available topsoil and the substitute material is the best available to support revegetation. This determination shall be based on:
a. analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH and areal extent of the different kinds of soils. The office may also require that results of fieldsite trials or greenhouse tests be used to demonstrate the feasibility of using these overburden materials;

b. results of analyses, trials and tests shall be submitted to the office. Certification of trials and tests shall be made by a laboratory approved by the office stating that:
i. the proposed substitute material is equal to or more suitable for sustaining the vegetation than is the available topsoil;

ii. the substitute material is the best available material to support the vegetation;

iii. the trials and tests were conducted using standard testing procedures.

2. Substituted or supplemental material shall be removed, segregated and replaced in compliance with the requirements for topsoil under this Section.

F. Limits on Topsoil Removal Area. Where the removal of vegetative material, topsoil or other materials may result in erosion which may cause air or water pollution:

1. the size of the area from which topsoil is removed at any one time shall be limited;

2. the surface soil layer shall be redistributed at a time when the physical and chemical properties of topsoil can be protected and erosion can be minimized;

3. such other measures shall be taken as the office may approve or require to control erosion.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.

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