La. Admin. Code tit. 43 § XV-5705

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-5705 - Steep Slopes: Limited Variances

A. Persons may be granted variances from the approximate original contour requirements of §5703. B for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under §2905

1. The highwall shall be completely backfilled with spoil material, in a manner which results in a static factor of safety of at l.3 using standard geotechnical analysis.

2. The watershed control of the area within which the mining occurs shall be improved by reducing the peak flow from precipitation or thaw and reducing the total suspended solids or other pollutants in the surface-water discharge during precipitation or thaw. The total volume of flow during every season of the year shall not vary in a way that adversely affects the ecology of any surface water or any existing or planned public or private use of surface water or ground water.

3. Land above the highwall may be disturbed only to the extent that the office deems appropriate and approves as necessary to facilitate compliance with the provisions of this Chapter and if the office finds that the disturbance is necessary to:

a. blend the solid highwall and the backfilled material;

b. control surface runoff; or

c. provide access to the area above the highwall.

4. The landowner of the permit area has requested, in writing, as part of the permit application under §2905, that the variance be granted.

5. The operations are conducted in full compliance with a permit issued in accordance with §2905

6. Only the amount of spoil as is necessary to achieve the post-mining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and these regulations shall be placed in accordance with §5365-5371

La. Admin. Code tit. 43, § XV-5705

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

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