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-5431 - Post-Mining Land Use
Universal Citation: LA Admin Code XV-5431
Current through Register Vol. 50, No. 9, September 20, 2024
A. General. All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before any mining, or to higher or better uses achievable under the criteria and procedures of this Section.
B. Determining Premining Use of Land. The premining uses of land to which the post-mining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed.
1. The post-mining land use for land
that has been previously mined and not reclaimed shall be judged on the basis
of the land use that existed prior to any mining, provided that, if the land
cannot be reclaimed to the land use that existed prior to any mining because of
the previously mined condition, the post-mining land use shall be judged on the
basis of the highest and best use that can be achieved which is compatible with
surrounding areas and does not require the disturbance of areas previously
unaffected by mining.
2. The
post-mining land use for land that has received improper management shall be
judged on the basis of the premining use of surrounding lands that have
received proper management.
3. If
the premining use of the land was changed within five years of the beginning of
mining, the comparison of post-mining use to premining use shall include a
comparison with the historic use of the land as well as its use immediately
preceding mining.
C. Prior to the Release of Lands from the Permit Area. In accordance with §4503. B the permit area shall be restored in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved by the office after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following criteria are met.
1. The proposed
post-mining land use is compatible with adjacent land use and, where
applicable, with existing local, state or federal land use policies and plans.
A written statement of the views of the authorities with statutory
responsibilities for land use policies and plans is submitted to the office
within 60 days of notice by the office and before surface mining activities
begin. Any required approval, including any necessary zoning or other changes
required for land use by local, state or federal land management agencies, is
obtained and remains valid throughout the surface mining activities.
2. Specific plans are prepared and submitted
to the office which show the feasibility of the post-mining land use as related
to projected land use trends and markets and that include a schedule showing
how the proposed use will be developed and achieved within a reasonable time
after mining and will be sustained. The office may require appropriate
demonstrations to show that the planned procedures are feasible, reasonable and
integrated with mining and reclamation, and that the plans will result in
successful reclamation.
3.
Provision of any necessary public facilities is ensured as evidenced by letters
of commitment from parties other than the person who conducts surface mining
activities, as appropriate, to provide the public facilities in a manner
compatible with the plans submitted under
§2723 The letters shall be submitted to
the office before surface mining activities begin.
4. Specific and feasible plans are submitted
to the office which show that financing, attainment and maintenance of the
post-mining land use are feasible and, if appropriate, are supported by letters
of commitment from parties other than the person who conducts the surface
mining activities.
5. Plans for the
post-mining land use are designed under the general supervision of a registered
professional engineer who will ensure that the plans conform to applicable,
accepted standards for adequate land stability, drainage, vegetative cover and
esthetic design appropriate for the post-mining use of the site.
6. The proposed use will neither present
actual or probable hazard to public health or safety nor will it pose any
actual or probable threat of water flow diminution or pollution.
7. The use will not involve unreasonable
delays in reclamation.
8. Necessary
approval of measures to prevent or mitigate adverse effects on fish, wildlife
and related environmental values and threatened or endangered plants is
obtained from the office, and appropriate state and federal fish and wildlife
management agencies have been provided a 60-day period in which to review the
plan before surface mining activities begin.
9. Proposals to change premining land uses of
range, fish and wildlife habitat, forest land, hayland or pasture to a
post-mining cropland use, where the cropland would require continuous
maintenance such as seeding, plowing, cultivation, fertilization or other
similar practices to be practicable, or to comply with applicable federal,
state and local laws, are reviewed by the office to insure that:
a. there is a firm commitment by the person
who conducts surface mining activities or by the landowner or land manager to
provide sufficient crop management after release of applicable performance
bonds under Subpart 4 and §§5417-5423, to assure that the proposed post-mining
cropland use remains practical and reasonable;
b. there is sufficient water available and
committed to maintain crop production;
c. topsoil quality and depth are sufficient
to support the proposed use.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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