§908. Reclamation plan requirements
A. Each reclamation plan submitted as part of a permit application under the
provisions of this Chapter shall include, in the degree of detail necessary to demonstrate that
reclamation required by this Chapter and the regulations issued pursuant to this Chapter can
be accomplished, a statement of:
(1)The identification of the lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of the subareas for
which it is anticipated that individual permits for mining will be sought.
(2)The condition of the land to be covered by the permit prior to any mining
including:
(a)The uses existing at the time of the application, and if the land has a history of
previous mining, the uses which prece
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§908. Reclamation plan requirements
A. Each reclamation plan submitted as part of a permit application under the
provisions of this Chapter shall include, in the degree of detail necessary to demonstrate that
reclamation required by this Chapter and the regulations issued pursuant to this Chapter can
be accomplished, a statement of:
(1) The identification of the lands subject to surface coal mining operations over the
estimated life of those operations and the size, sequence, and timing of the subareas for
which it is anticipated that individual permits for mining will be sought.
(2) The condition of the land to be covered by the permit prior to any mining
including:
(a) The uses existing at the time of the application, and if the land has a history of
previous mining, the uses which preceded any mining, and
(b) The capability of the land prior to any mining to support a variety of uses giving
consideration to soil and foundation characteristics, topography, and vegetative cover, and,
if applicable, a soil survey prepared pursuant to R.S. 30:907(B)(16), and
(c) The productivity of the land prior to mining, including appropriate classification
as prime farm lands, as well as the average yield of food, fiber, forage, or wood products
from such lands obtained under high levels of management.
(3) The use which is proposed to be made of the land following reclamation,
including a discussion of the utility and capacity of the reclaimed land to support a variety
of alternative uses and the relationship of such use to existing land use policies and plans,
and the comments of any owner of the surface and state and local governments or agencies
thereof which would have to initiate, implement, approve or authorize the proposed use of
the land following reclamation.
(4) A detailed description of how the proposed postmining land use is to be achieved
and the necessary support activities which may be needed to achieve the proposed land use.
(5) The engineering techniques proposed to be used in mining and reclamation and
a description of the major equipment proposed to be used; a plan for the control of surface
water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil
stabilization, compacting, grading, and appropriate revegetation; a plan for soil
reconstruction, replacement, and stabilization, pursuant to the performance standards in R.S.
30:915(B)(7)(a), (b), (c), and (d), for those food, forage, and forest lands identified in R.S.
30:915(B)(7); an estimate of the cost per acre of the reclamation, including a statement as
to how the permittee plans to comply with each of the requirements set out in R.S. 30:915.
(6) The consideration which has been given to maximize the utilization and
conservation of the solid fuel resource being recovered so that reaffecting the land in the
future can be minimized.
(7) A detailed estimated timetable for the accomplishment of each major step in the
reclamation plan.
(8) The consideration which has been given to making the surface mining and
reclamation operations consistent with surface owner plans and applicable state and local
land use plans and programs.
(9) The steps to be taken to comply with applicable air and water quality laws and
regulations and any applicable health and safety standards.
(10) The consideration which has been given to developing the reclamation plan in
a manner consistent with local physical, environmental and climatological conditions.
(11) All lands, interests in lands, or options on such interests held by the applicant
or pending bids on interests in lands by the applicant, which lands are contiguous to the area
to be covered by the permit.
(12) The results of test boring which the applicant has made at the area to be covered
by the permit, or other equivalent information and data in a form satisfactory to the
secretary, including the location of subsurface water, and an analysis of the chemical
properties including acid forming properties of the minerals and overburden: Provided, that
information which pertains only to the analysis of the chemical and physical properties of the
coal (excepting information regarding such mineral or elemental contents which is
potentially toxic in the environment) shall be kept confidential and not made a matter of
public record.
(13) A detailed description of the measures to be taken during the mining and
reclamation process to assure the protection of:
(a) The quality of surface and ground water systems, both on site and off site, from
adverse effects of the mining and reclamation process.
(b) The rights of present users to such water, and
(c) The quantity of surface and ground water systems, both on site and off site, from
adverse effects of the mining and reclamation process or to provide alternative sources of
water where such protection of quantity cannot be assured.
(14) Such other requirements as the regulatory authority shall prescribe by
regulations.
B. Any information required by this Section which is not on public file pursuant to
state law shall be held in confidence by the secretary.