(1) Permanent program performance
standards-
steep slope mining requirements set forth in 30 CFR Part
785.15 as in
effect on January 1, 2018, are incorporated by reference in this rule. Copies
may be obtained by contacting the U.S. Government Publishing
Office, PO Box
979050, St. Louis, MO 63197-9000 or online at
https://www.gpo.gov. This rule does not
incorporate any subsequent amendments or additions.
(A) Any surface coal mining and
reclamation operations on steep slopes shall meet the requirements of this
rule.
(B) The standards of this rule do
not apply to mining conducted on a flat or gently rolling terrain with an
occasional steep slope through which the mining proceeds and leaves a plain or
predominately flat area.
(2) Performance Standards. Surface
coal mining and reclamation operations subject to this rule shall comply with
the requirements of 10 CSR 40-6 and, except to the extent a variance is
approved under section (3) of this rule, the following:
(A) Materials Prevented on the
Downslope.
1. The person engaged in surface
coal mining and reclamation operations shall prevent the following materials
from being placed or allowed to remain on the downslope:
A. Spoil;
B. Waste materials, including
waste mineral matter;
C. Debris, including that from
clearing and grubbing of haul road construction; and
D. Abandoned or disabled
equipment.
2. Nothing in this subsection
shall prohibit the placement of material in road embankments located on the
downslope, so long as the material used and embankment design comply with the
requirements of 10 CSR 40-3.140(1)-(22) or 10 CSR 40-3.290(1)-(22) and the
material is moved and placed in a controlled manner;
(B) The highwall shall be
completely covered with compacted spoil and the disturbed area graded to comply
with the provisions of 10 CSR 40-3.110(1)-(6) and 10 CSR 40-3.260, including,
but not limited to, the return of the site to the approximate original contour.
The person who conducts the surface coal mining and reclamation operation must
demonstrate, using standard geotechnical analysis, that the minimum static
factor of safety for the stability of all portions of the reclaimed land is at
least 1.3;
(C) Land above the highwall shall
not be disturbed, unless the commission or director finds that the disturbance
facilitates compliance with the requirements of this rule;
(D) Material in excess of that
required by the grading and backfilling provisions of subsection (2)(B) of this
rule shall be disposed of in accordance with the requirements of 10 CSR
40-3.060(1)-(4) or 10 CSR 40-3.220 ;
(E) Woody materials shall not be
buried in the backfilled area unless it is determined in the permit and plan
that the proposed method for placing woody material beneath the highwall will
not deteriorate the stable condition of the backfilled area as required in
subsection (2)(B) of this rule. Woody materials may be chipped and distributed
over the surface of the backfill as mulch, if special provisions are made for
their use and approved in the permit and plan; and
(F) Unlined or unprotected
drainage channels shall not be constructed on backfills unless approved in the
permit and plan as stable and not subject to erosion.
(3) Limited Variances. Permittees
may be granted variances from the approximate original contour requirements of
subsection (2)(B) of this rule for steep slope surface coal mining and
reclamation operations, if the following standards are met and a permit
incorporating the variance is approved under 10 CSR 40-6.060(3)
:
(A) The highwall shall be
completely backfilled with spoil material in a manner which results in a static
factor of safety of at least 1.3 using standard geotechnical
analyses;
(B) 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 or ground water;
(C) Land above the highwall may be
disturbed only to the extent that it is deemed appropriate and approved as
necessary in the permit and plan to facilitate compliance with the provisions
of this rule and if it is found in the permit and plan that the disturbance is
necessary to-
1. Blend the solid highwall and
the backfilled material;
2. Control surface runoff;
or
3. Provide access to the area
above the highwall;
(D) The landowner of the permit
area has requested, in writing, as part of the permit application under 10 CSR
40-6.060(3) that the variance be granted;
(E) The operations are conducted
in full compliance with a permit issued in accordance with 10 CSR 40-6.060(3) ;
and
(F) Only the amount of spoil as is
necessary to achieve the postmining land use, ensure the stability of spoil
retained on the bench and meet all other requirements of the regulatory program
shall be placed off the mine bench. All spoil not retained on the bench shall
be placed in accordance with 10 CSR 40-3.060(1)-(4) or 10 CSR 40-3.220 and 10
CSR 40-3.110(1) and (2) or 10 CSR 40-3.260 .
(4) Multiple Seam. In multiple
seam steep slope affected areas, spoil not required to reclaim and restore the
permit area may be placed on a preexisting bench, if approved in the permit and
plan and if the following requirements are met:
(A) All excess spoil must be
hauled, placed and retained on the solid bench;
(B) The spoil must be graded to
the most moderate slope so as to eliminate the existing highwall to the extent
possible with the available spoil;
(C) The fill must comply with 10
CSR 40-3.060(1) or 10 CSR 40-3.220(3) and the requirements of 10 CSR 40-3 and
10 CSR 40-4; and
(D) The bench on which the spoil
is to be placed must have been created and abandoned due to coal mining prior
to August 3, 1977.
