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-5417 - Revegetation: General Requirements

Universal Citation: LA Admin Code XV-5417

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

A. Each person who conducts surface mining activities shall establish on regraded areas and on all other disturbed areas, except water areas and surface areas of roads that are approved as part of the post-mining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is:

1. diverse, effective and permanent;

2. comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved post-mining land use and approved by the office;

3. at least equal in extent of cover to the natural vegetation of the area; and

4. capable of stabilizing the soil surface from erosion.

B. The reestablished plant species shall:

1. be compatible with the approved post-mining land use;

2. have the same seasonal characteristics of growth as the original vegetation;

3. be capable of self-regeneration and plant succession;

4. be compatible with the plant and animal species of the area;

5. meet the requirements of applicable state and federal seed, poisonous and noxious plant, and introduced species laws or regulations; and

6. not be Kudzu, pueraria lobata or any vine of the Kudzu family.

C. The office may grant exception to the requirements of §5417. B 2-3 when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

D. When the office approves a cropland post-mining land use, the office may grant exception to the requirements of §5417. A.1 and 3, and 5417.B.2-3. The requirements of Chapter 55 apply to areas identified as prime farmland.

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

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