§ 30:907 — Application requirements

Louisiana § 30:907

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§907. Application requirements
A. Each application for a surface coal mining and reclamation permit pursuant to this
Chapter shall be accompanied by a fee as determined by the secretary, with such fee not to
exceed the actual or anticipated cost of reviewing, administering and enforcing such permit.
B. The permit application shall be submitted in a manner satisfactory to the secretary
and shall contain, among other things:
(1) The names and addresses of:
(a) The permit applicant.
(b) Every legal owner of record of the property (surface and mineral), to be mined.
(c) The holders of record of any leasehold interest in the property.
(d) The purchaser of record of the property under a real estate contract.
(e) The operator if he is a person different than the applicant, and
(f) If any of these are business entities other than a single proprietor, the names and
addresses of the principals, officers, and resident agent.
(2) The names and addresses of the owners of record of all surface and subsurface
areas adjacent to any area of the permit area or within the permit area but on which, at the
time of filing the permit application, the applicant does not have the legal right to enter and
commence surface coal mining operations.
(3) A statement of any current or previous surface coal mining permits in the United
States held by the applicant and the permit identification and each pending application.
(4) If the applicant is a partnership, corporation, association, or other business entity,
the following where applicable: The names and addresses of every officer, partner, director,
or person performing a function similar to a director, of the applicant, together with the name
and address of any person owning of record ten percentum or more of any class of voting
stock of the applicant, and a list of all names under which the applicant, partner, or principal
shareholder previously operated a surface mining operation within the United States within
the five year period preceding the date of submission of the application.
(5) A statement of whether the applicant, any subsidiary, affiliate, or persons
controlled by or under common control with the applicant, has ever held a Federal or State
mining permit which in the five year period prior to the date of submission of the application
has been suspended or revoked or has had a mining bond or similar security deposit in lieu
of bond forfeited and, if so, a brief description of the facts involved.
(6) A copy of the applicant's advertisement to be published in a newspaper of general
circulation in the locality of the proposed site at least once a week for four successive weeks,
which advertisement shall include the ownership and a description of the exact location and
boundaries of the proposed site sufficient so that the proposed operation may be readily
located by local residents, and the location of where the application is available for public
inspection.
(7) A description of the type and method of coal mining operation that is proposed,
the engineering techniques proposed, and the equipment proposed to be used; if applicable
a description of the alternative type and method of coal mining and reclamation operation
that is proposed in the event the applicant is unable to obtain the legal right to enter and
commence surface coal mining operations on any tracts of land within the proposed permit
area.
(8) The anticipated starting and termination dates of each phase of the mining
operation and the number of acres of land to be affected.
(9) An accurate map or plan, to an appropriate scale, clearly showing the land to be
affected as of the date of the application, the area of land within the permit area upon which
the applicant has the legal right to enter and commence surface mining operations and a
statement of those documents upon which the applicant bases his legal right to enter and
commence surface mining operations on the area affected, and whether that right is the
subject of pending court litigation: Provided, that nothing in this Chapter shall be construed
as vesting in the secretary the jurisdiction to adjudicate property title disputes.
(10) The names of the watershed and location of the surface stream or tributary into
which surface and pit drainage may be discharged.
(11) A determination of the probable hydrologic consequences of the mining and
reclamation operations both on and off the mine site with respect to the hydrologic regime,
quantity and quality of water in surface and ground water systems including the dissolved
and suspended solids under seasonal flow conditions and the collection of sufficient data for
the mine site and surrounding areas so that an assessment can be made by the secretary of the
probable cumulative impacts of all anticipated mining in the area upon the hydrology of the
area and particularly upon water availability: Provided, however, that this determination shall
not be required until such time as hydrologic information on the general area prior to mining
is made available from an appropriate federal or state agency: Provided further, that the
permit shall not be approved until such information is available and is incorporated into the
application.
(12) When requested by the secretary, the climatological factors that are peculiar to
the locality of the land to be affected, including the average seasonal precipitation, the
average direction and velocity of prevailing winds, and the seasonal temperature ranges.
(13) Accurate maps to an appropriate scale clearly showing:
(a) The land to be affected as of the date of the application and
(b) All types of information set forth on topographical maps of the United States
Geological Survey of a scale of 1:24,000 or 1:25,000 or larger, including all manmade
features and significant known archeological sites existing on the date of application. Such
a map or plan shall among other things specified by the secretary show all boundaries of the
land to be affected, the boundary lines and name of present owners of record of all surface
areas abutting the permit areas, and the location of all buildings within one thousand feet of
the permit area.
(14) Cross section maps or plans of the land to be affected including the actual area
to be mined, prepared by or under the direction of and certified by a qualified registered
professional engineer, or professional geologist with assistance from experts in related fields
such as land surveying and landscape architecture, showing pertinent elevation and location
of test borings or core samplings and depicting the following information: the nature and
depth of the various strata of overburden; the location of subsurface water if encountered,
and its quality; the nature and thickness of any coal or rider seam above the coal seam to be
mined; the nature of the stratum immediately beneath the coal seam to be mined; all mineral
crops lines and the strike and dip of the coal to be mined within the area of land to be
affected; existing or previous surface mining limits; the location and extent of known
workings of any underground mines, including mine openings to the surface; the location of
aquifers; the estimated elevation of the watertable; the location of spoil, waste, or refuge
areas and top soil preservation areas; the location of all impoundments for waste or erosion
control; any settling or water treatment facility; constructed or natural drainways and the
location of any discharges to any surface body of water on the area of land to be affected or
adjacent thereto; and profiles at appropriate cross sections of the anticipated final surface
configuration that will be achieved pursuant to the operator's proposed reclamation plan.
(15) A statement of the result of test borings or core samplings from the permit area,
including logs of the drill holes; the thickness of the coal seam found; an analysis of the
chemical properties of such coal; the sulphur content of any coal seam; chemical analysis of
potentially acid or toxic forming sections of the overburden; and chemical analysis of the
stratum lying immediately underneath the coal to be mined, except that the provisions of this
Paragraph may be waived by the secretary with respect to the specific application by a
written determination that such requirements are unnecessary.
(16) For those lands in the permit application which a reconnaissance inspection
suggests may be prime farmlands, a soil survey shall be made or obtained according to
standards established by the secretary of agriculture in order to confirm the exact location of
such prime farmlands, if any.
(17) A description of the nature of cultural, historical, and archaeological resources
listed or eligible for listing on the National Register of Historic Places and known
archaeological features within the proposed mine plan and adjacent areas. The description
shall be based on all available information including but not limited to data of state and local
archaeological, historical, and cultural preservation agencies. Each plan shall describe the
measures to be used to prevent adverse impact to any publicly owned parks or any places
listed on the National Register of Historic Places that may be adversely affected by the
proposed operation. However, if joint agency approval is to be obtained or if there are valid
existing rights in the public parks or historic places, the plan shall describe the measures to
be used to minimize adverse impact to such public parks or historic places. The department
may require the applicant to protect historic or archaeological properties listed on or eligible
for listing on the National Register of Historic Places through appropriate mitigation and
treatment measures. At the time of its issuance, a surface mining permit may require that
appropriate mitigation and treatment be required to be taken after permit issuance, provided
that the required measures are completed before the properties are affected by any mining
operation.
(18) A description of fish and wildlife resource information for the permit area and
adjacent area. The scope and level of detail for such information shall be determined by the
department in consultation with state and federal agencies with responsibilities for fish and
wildlife. Site specific resource information necessary to address the respective species or
habitats shall be required when the permit area or adjacent area is likely to include listed or
proposed endangered or threatened species of plants or animals or their critical habitats listed
by the secretary of the Interior under the Endangered Species Act, 16 U.S.C. 1531 et seq., or
those species or habitats protected by state statutes, habitats of unusually high value for fish
and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors,
areas offering special shelter or protection, migration routes, or reproduction and wintering
areas, or other species or habitats identified through agency consultation as requiring special
protection under state or federal law.
(19) A description of how, to the extent possible using the best technology available,
the operator will minimize disturbances and adverse impact on fish, wildlife, and related
environmental values, including compliance with the Endangered Species Act, 16 U.S.C.
1531 et seq., during the surface coal mining and reclamation operations and how
enhancement of these resources will be achieved where practicable. This description shall
apply, at a minimum, to species and habitats identified in Paragraph (18) of this Subsection
and include protective measures that will be used during the active mining phase of
operation. Such measures may include the establishment of buffer zones, the selective
location and special design of haul roads and power lines, the monitoring of surface water
quality and quantity, and enhancement measures that will be used during the reclamation and
post-mining phase of operation to develop aquatic and terrestrial habitats. Such measures
may also include restoration of streams and other wetlands, retention of ponds and
impoundments, establishment of vegetation for wildlife food and cover, and the replacement
of perches and nest boxes. When the plan does not include enhancement measures, a
statement shall be given explaining why enhancement is not practicable.
C.(1) If the secretary finds that the probable total annual production at all locations
of any coal surface mining operator will not exceed three hundred thousand tons, the
determination of probable hydrologic consequences, including the engineering analyses and
designs necessary for the determination, required by Paragraph (B)(11) of this Section,
cross-section maps and plans required by Paragraph (B)(14) of this Section, the drilling and
statement of the result of test borings or core samplings required by Paragraph (B)(15) of this
Section, the collection of archaeological and historical information and related plans required
by Paragraph (B)(17) of this Section, the collection of site-specific resources information
required by Paragraph (B)(18) of this Section, the production of protection and enhancement
plans for fish and wildlife habitats required by Paragraph (B)(19) of this Section, and
information and plans for any other environmental values required by the department and this
Chapter, and pre-blast surveys required by R.S. 30:915(B)(15) shall, upon the written request
of the operator, be performed by a qualified public or private laboratory designated by the
secretary and the cost of the preparation of such determination and statement shall be
assumed by the secretary.
(2) Information pertaining to coal seams, test borings, core samplings, or soil
samples as required by this Section shall be made available to any person with an interest
which is or may be adversely affected. However, that information which pertains only to the
analysis of the chemical and physical properties of the coal, except information regarding
such mineral or elemental content which is potentially toxic in the environment, shall be kept
confidential and not be made a matter of public record.
D. Each applicant for a permit shall be required to submit to the secretary as part of
the permit application a reclamation plan which shall meet the requirements of this Chapter
and the regulations issued pursuant to this Chapter.
E. Each applicant for a permit shall file a copy of his application for public
inspection with the clerk of court in each parish where the mining is proposed to occur,
except for that information pertaining to the coal seam itself and that information which shall
be kept confidential pursuant to this Chapter.
F. Each applicant for a permit shall submit to the secretary as part of the permit
application a certificate issued by an insurance company authorized to do business in
Louisiana certifying that the applicant has a public liability insurance policy in force for the
surface mining and reclamation operations for which such permit is sought, or evidence that
the applicant has satisfied other state or federal self insurance requirements. Such policy shall
provide for personal injury and property damage protection in an amount adequate to
compensate any persons damaged as a result of surface coal mining and reclamation
operations, including use of explosives, and entitled to compensation under the applicable
provisions of state law. Such policy shall be maintained in full force and effect during the
term of the permit, or any renewal, including the length of all reclamation operations.
G. Each applicant for a surface coal mining and reclamation permit shall submit to
the secretary as part of the permit application a blasting plan which shall outline the
procedures and standards by which the operator will meet the provisions of R.S.
30:915(B)(15).

Legislative History

Acts 1978, No. 406, §1; Acts 1999, No. 1002, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.