10 CSR 40-6.050 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operations Plan
PURPOSE: This rule sets forth requirements for reclamation and operations plans for surface mining permit applications pursuant to sections 444.810, 444.820, and 444.825, RSMo.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Responsibilities. It is the
responsibility of-
(A) The applicant to
provide to the commission and director all of the information required by this
rule except where specifically exempted in this rule.
(B) State and federal governmental agencies
to provide information to the commission and director where specifically
required in this rule.
(2) Operations Plan-General Requirements.
Each application shall contain a description of the mining operations proposed
to be conducted during the life of the mine within the proposed mine plan area,
including at a minimum, the following:
(A) A
narrative description of the type and method of coal mining procedures and
proposed engineering techniques, anticipated annual and total production of
coal by tonnage, and the major equipment to be used for all aspects of those
operations; and
(B) A narrative
explaining the construction, modification, use, maintenance, and removal of the
following facilities (unless retention of these facilities is necessary for
post-mining land use as specified in
10 CSR
40-3.130) :
1. Dams,
embankments, and other impoundments;
2. Overburden and topsoil handling and
storage areas and structures;
3.
Coal removal, handling, storage, cleaning, and transportation areas and
structures;
4. Spoil, coal
processing waste and non-coal waste removal, handling, storage, transportation,
and disposal areas and structures. Except for spoil, the narrative should be in
accordance with the appropriate section(s) of
10
CSR 40-3.080;
5. Mine facilities; and
6. Water and air pollution control
facilities.
(3) Operations Plan-Existing Structures.
(A) Each application shall contain a
description of each existing structure proposed to be used in connection with
or to facilitate the surface coal mining and reclamation operation. The
description shall include:
1.
Location;
2. Plans of the structure
which describe its current condition;
3. Approximate dates on which construction of
the existing structure was begun and completed; and
4. A showing, including relevant monitoring
data or other evidence, whether the structure meets the performance standards
of 10 CSR 40-3 and 10 CSR 40-4, or if the structure does not meet the
performance standards of 10 CSR 40-3 and 10 CSR 40-4, a showing whether the
structure meets the performance standards of 10 CSR 40-2.
(B) Each application shall contain a
compliance plan for each existing structure proposed to be modified or
reconstructed for use in connection with or to facilitate the surface coal
mining and reclamation operation. The compliance plan shall include:
1. Design specifications for the modification
or reconstruction of the structure to meet the design and performance standards
of 10 CSR 40-3 and 10 CSR 40-4;
2.
A construction schedule which shows dates for beginning and completing interim
steps and final reconstruction;
3.
Provisions for monitoring the structure during and after modification or
reconstruction to ensure that the performance standards of 10 CSR 40-3 and 10
CSR 40-4 are met; and
4. A showing
that the risk of harm to the environment or to public health or safety is not
significant during the period of modification or reconstruction.
(4) Operations
Plan-Blasting.
(A) Blasting Plan. Each permit
application shall contain a blasting plan for the proposed permit area,
explaining how the applicant will comply with the requirements of
10 CSR
40-3.050(1)-(6). This plan shall
include, at a minimum, information setting forth the limitations the operator
will meet with regard to ground vibration and air blast, the bases for those
limitations, and the methods to be applied in controlling the adverse effects
of blasting operations.
(B)
Monitoring System. Each application shall contain a description of any system
to be used to monitor compliance with the standards of
10 CSR
40-3.050(5), including the type,
capability, and sensitivity of any blast monitoring equipment and proposed
procedures and locations of monitoring.
(C) Blasting Near Underground Mines. Blasting
operations within five hundred feet (500') of active underground mines require
approval of the state and federal regulatory authorities concerned with the
health and safety of underground miners.
(5) Operations Plan-Maps and Plans. Each
application shall contain maps and plans of the proposed mine plan and adjacent
areas as follows:
(A) The maps and plans
shall show the lands proposed to be affected throughout the operation and any
change in a facility or feature to be caused by the proposed operations, if the
facility or feature was shown under
10 CSR
40-6.040(14) and (15);
(B) The following shall be shown for the
proposed permit area unless specifically required for the mine plan area or
adjacent area by the requirements of this section:
1. Buildings, utility corridors, and
facilities to be used;
2. The area
of land to be affected within the proposed mine plan area according to the
sequence of mining and reclamation;
3. Each area of land for which a performance
bond will be posted under 10 CSR 40-7;
4. Each coal storage, cleaning, and loading
area;
5. Each topsoil, spoil, coal
waste, and noncoal waste storage area. Except for topsoil and spoil, the
narrative should be in accordance with the appropriate section(s) of
10
CSR 40-3.080;
6. Each water diversion, collection,
conveyance, treatment storage, and discharge facility to be used;
7. Each air pollution collection and control
facility;
8. Each source of waste
and each waste disposal facility relating to coal processing or pollution
control in accordance with
10
CSR 40-3.080(1)-(6);
9. Each facility to be used to protect and
enhance fish and wildlife and related environmental values;
10. Each explosive storage and handling
facility; and
11. Location of each
siltation structure, permanent water impoundment, coal processing waste bank
and coal processing waste dam and embankment in accordance with section (11),
and fill area for the disposal of excess spoil in accordance with section
(16).
(C) Maps, plans,
and cross-sections required under paragraphs (5)(B)4., 5., 6., 10., and 11. of
this rule shall be prepared by or under the direction of and certified by a
qualified registered professional engineer, with assistance from experts in
related fields such as land surveying and landscape architecture except that-
1. Maps, plans, and cross-sections for
siltation structures may only be prepared by a qualified registered
professional engineer; and
2. Spoil
disposal facilities, maps, plans, and cross-sections may only be prepared by a
qualified registered engineer.
(6) Air Pollution Control Plan. The
application shall contain an air pollution control plan which includes the
following:
(A) An air quality monitoring
program, if required for approval, to provide sufficient data to evaluate the
effectiveness of the fugitive dust control practices under subsection (6)(B) of
this rule to comply with applicable federal and state air quality standards;
and
(B) A plan for fugitive dust
control practices, as required under
10 CSR
40-3.090.
(7) Fish and Wildlife Plan.
(A) The fish and wildlife plan requirements
shall be consistent with the Endangered Species Act of 1973, as amended ( 16
U.S.C. Section 1531, et seq.); section 444.855.2(17), RSMo;
10
CSR 40-3.040(18); and
10
CSR 40-3.100.
(B) Each application shall contain a fish and
wildlife plan which provides-
1. A statement
of how, to the extent possible using the best technology currently available,
the plan will minimize disturbances and adverse impacts on fish and wildlife
and related environmental values during surface coal mining and reclamation
operations and how enhancement of these resources will be achieved, where
practicable. The plan shall be consistent with the requirements of
10
CSR 40-3.100; cover the mine plan area and portions of
adjacent areas as determined by the director pursuant to
10 CSR
40-6.040(11); and
2. If the applicant states that it will not
be practicable, in accordance with paragraph (7)(B)1. of this rule, to achieve
a condition which clearly shows a trend toward enhancement of fish and wildlife
resources at the time revegetation has been successfully completed under
10 CSR
40-3.120, a statement shall be provided which
establishes, to the satisfaction of the director, why it is not practicable to
achieve this condition.
(C) A statement must be included in the fish
and wildlife plan explaining how the applicant will utilize impact control
measures, management techniques, and monitoring methods to protect or enhance
the following, if they are to be affected by the proposed activities:
1. Listed or proposed threatened or
endangered species of plants or animals listed by the secretary under the
Endangered Species Act of 1973, as amended (
16
U.S.C. 1531, et seq.) and their critical
habitats;
2. Species such as
eagles, migratory birds, or other animals protected by state or federal law,
and their habitats, or other species identified through the consultation
process pursuant to
10 CSR
40-6.040(11); or
3. 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, reproduction and nursery areas and wintering areas, and including those
sites listed as having significance in the Missouri Natural Features
Inventory.
(D) Each fish
and wildlife plan shall include a description of how, to the extent possible
using the best technology currently available, the operator will minimize
disturbances and adverse impacts on fish and wildlife and related environmental
values, including compliance with the Endangered Species Act, during the
surface coal mining and reclamation operations and how enhancement of these
resources will be achieved where practicable. This description shall-
1. Be consistent with the requirements of
this section and
10
CSR 40-3.100;
2. Apply, at a minimum, to species and
habitats identified under subsection (7)(C); and
3. Include-
A. 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 powerlines, species and habitats, and the monitoring of surface
water quality and quantity; and
B.
Enhancement measures that will be used during the reclamation and postmining
phase of operation to develop aquatic and terrestrial habitat. Such measures
may 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. Where the plan does not include
enhancement measures, a statement shall be given explaining why enhancement is
not practicable.
(8) Reclamation Plan-General Requirements.
(A) Each application shall contain a plan for
reclamation of the lands within the proposed permit area, showing how the
applicant will comply with section
444.855,
RSMo, 10 CSR 40-3 and 10 CSR 40-4, and the environmental protection performance
standards of the regulatory program. The plan shall include, at a minimum, all
information required under sections (8)-(17).
(B) Each plan shall contain the following
information for the proposed permit area:
1.
A detailed timetable for the completion of each major step in the reclamation
plan;
2. A detailed estimate of the
cost of reclamation of the proposed operations required to be covered by a
performance bond under 10 CSR 40-7 with supporting calculations for the
estimates;
3. A plan for
backfilling, soil stabilization, compacting, and grading, with contour maps or
cross-sections that show the anticipated final surface configuration of the
proposed permit area in accordance with
10 CSR
40-3.110(1)-(6);
4. A plan for removal, storage, and
redistribution of topsoil, subsoil, and other material to meet the requirements
of
10
CSR 40-3.030(1)-(5);
5. A plan for revegetation as required in
10 CSR
40-3.120(1)-(7), including, but not
limited to, descriptions of the:
A. Schedule
of revegetation;
B. Species and
amounts per acre of seeds and seedlings to be used;
C. Methods to be used in planting and
seeding;
D. Mulching
techniques;
E. Irrigation, if
appropriate and pest and disease control measures, if any;
F. Measures proposed to be used to determine
the success of revegetation as required in
10 CSR
40-3.120(6), including a plan for
revegetation and liability release as required in
10 CSR
40-3.120(1)-(7) and also including,
but not limited to:
(I) A map showing
locations of proposed test plots and reference areas on a scale not less than
one inch equals five hundred feet (1"=500');
(II) A map delineating the area which will be
proposed for release based on the outcome of the test plots;
(III) A statement indicating when mining
occurred at the area proposed for release;
(IV) Documentation that the reference areas
chosen are representative of the soils in the permit area before mining and
that test plots chosen are representative of the reconstructed soils in the
permit area;
(V) A statement
indicating which crop(s) will be used to prove success of revegetation, what
harvesting method will be employed to gather the necessary data and what
statistics will be employed to assure random sampling if harvesting will be
done from a portion of the test plots and reference areas;
(VI) A statement that plots will be treated
equally with regard to seeding dates, fertilization for the same yield goal,
herbicide use, tillage type and frequency, row spacing, planting rates, and
harvest dates;
(VII) How the plots
will be marked in the field;
(VIII)
If the land to be used for plots is not under company control, a statement from
the company granting the commission the right of entry must be
included;
(IX) An account of the
method to be used to randomly choose the plots;
(X) A soil testing plan that includes, at a
minimum, tests for pH, nitrogen, phosphorus, potassium, calcium, magnesium,
sulfur, and lime requirement; and
(XI) A plan discussing how the vegetation on
the affected area will be maintained until Phase III release is
approved;
G. A soil
testing plan for evaluation of the results of topsoil handling and reclamation
procedures related to revegetation; and
H. Nutrient and soil amendment
plans;
6. A description
of the measures to be used to maximize the use and conservation of the coal
resources;
7. A description of
measures to be employed to ensure that all debris, acid- and toxic-forming
materials, and materials constituting a fire hazard are disposed of in
accordance with
10
CSR 40-3.080(8) and
10 CSR
40-3.110(3) and a description of the
contingency plans which have been developed to preclude sustained combustion of
materials;
8. A description,
including appropriate cross-sections and maps of the measures to be used to
seal or manage mine openings and to plug, case, or manage exploration holes,
other bore holes, wells, and other openings within the proposed permit area, in
accordance with
10
CSR 40-3.020(1)-(3); and
(9) Reclamation
Plan-Protection of Hydro-logic Balance.
(A)
Sampling and Analysis. All water quality analyses performed to meet the
requirements of this section shall be conducted according to the methodology in
the Standard Methods for the Examination of Water and
Wastewater 22nd Edition 2012, published by American Public Health
Association, 800 I Street, N W, Washington, DC 20001, which is incorporated by
reference, or the methodology in 40 CFR Parts 136 and 434. This subsection does
not incorporate any later amendments or additions. Water quality sampling
performed to meet the requirements of this section shall be conducted according
to either methodology listed previously when feasible.
(B) Each plan shall contain a detailed
description, with appropriate maps and cross-section drawings of the measures
to be taken during and after the proposed surface mining activities in
accordance with 10 CSR 40-3 to ensure the protection of-
1. The quality of surface and ground water
systems, both within the proposed mine plan and adjacent areas, from the
adverse effects of the proposed surface mining activities;
2. The rights of present users of surface and
ground water; and
3. The quantity
of surface and ground water both within the proposed mine plan area and
adjacent area from adverse effects of the proposed surface mining activities or
to provide alternative sources of water in accordance with
10 CSR
40-6.040(8) and
10
CSR 40-3.040(14), where the
protection of quantity cannot be ensured.
(C) The description shall include:
1. A plan for the control, in accordance with
10 CSR 40-3, of surface and ground water drainage into, through, and out of the
proposed mine plan area; and
2. A
plan for the treatment, where required under 10 CSR 40-3 and 10 CSR 40-4 and
the regulatory program, of surface and ground water drainage from the area to
be disturbed by the proposed activities and proposed quantitative limits on
pollutants in discharges subject to
10
CSR 40-3.040(2), according to the
more stringent of the following:
B. Other applicable state and federal
laws;
3. A plan for the
restoration of the approximate recharge capacity of the mine plan area in
accordance with
10
CSR 40-3.040(12);
4. A plan for the collection, recording, and
reporting of ground and surface water quality and quantity data, according to
10
CSR 40-3.040(13); and
5. If the determination of the probable
hydrologic consequences (PHC) required by subsection (9)(D) of this rule
indicates that adverse impacts on or off the proposed permit area may occur to
the hydrologic balance, or that acid-or toxic-forming material is present that
may result in the contamination of ground or surface water supplies, then
information supplemental to that required under
10 CSR
40-6.040(6) and (7), shall be
provided to evaluate this PHC and to plan remedial and reclamation activities.
This supplemental information may be based upon drilling, aquifer tests,
hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of
other water quality or quantity characteristics.
(D) The description shall include a
determination of the probable hydrologic consequences of the proposed surface
mining activities, on the proposed mine plan area and adjacent area, with
respect to the hydrologic regime and the quantity and quality of water in
surface and ground water systems under all seasonal conditions, including the
contents of dissolved and total suspended solids, total iron, pH, total
manganese, and any other parameters required by the director.
1. The PHC determination shall be based on
baseline hydrologic, geologic, and other information collected for the permit
application and may include data statistically representative of the
site.
2. The PHC determination
shall include findings on:
A. Whether adverse
impacts may occur to the hydrologic balance;
B. Whether acid- or toxic-forming materials
are present that could result in the contamination of surface or ground water
supplies;
C. Whether the proposed
operation may approximately result in contamination, diminution, or
interruption of an underground or surface source of water within the proposed
permit or adjacent areas which is used for domestic, agricultural, industrial,
or other legitimate purpose;
D.
What impact the proposed operation will have on-
(I) Sediment yield from the disturbed
area;
(II) Acidity, total suspended
and dissolved solids, and other important water quality parameters of local
impact;
(III) Flooding or stream
flow alteration;
(IV) Ground and
surface water availability; and
(V)
Other characteristics as required by the regulatory authority.
3. An application for a
permit revision shall be reviewed by the regulatory authority to determine
whether a new or updated PHC determination shall be required.
(E) Cumulative Hydrologic Impact
Assessment.
1. The director shall provide an
assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed
operation and all anticipated mining upon surface and ground water systems in
the cumulative impact area. The CHIA shall be sufficient to determine, for
purposes of permit approval, whether the proposed operation has been designed
to prevent material damage to the hydrologic balance outside the permit area.
The director may allow the applicant to submit data and analyses relevant to
the CHIA with the permit application.
2. An application for a permit revision shall
be reviewed by the director to determine whether a new or updated CHIA shall be
required.
(10) Reclamation Plan-Postmining Land Uses.
(A) Each plan shall contain a detailed
description of the proposed use following reclamation of the land within the
proposed permit area, including a discussion of the utility and capacity of the
reclaimed land to support a variety of alternative uses and the relationship of
the proposed use to existing land use policies and plans. This description
shall explain-
1. 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;
2. Where range or grazing is the proposed
postmining use, the detailed management plans to be implemented;
3. Where a land use different from the
pre-mining land use is proposed, all materials needed for approval of the
alternative use under
10 CSR
40-3.130; and
4. The consideration which has been given to
making all the proposed surface mining activities consistent with surface owner
plans and applicable state and local land use plans and programs.
(B) The description shall be
accompanied by a copy of the comments concerning the proposed use by the legal
or equitable owner of record of the surface of the proposed permit area and the
state and local government agencies which would have to initiate, implement,
approve, or authorize the proposed use of the land following
reclamation.
(11)
Reclamation Plan-Ponds, Impoundments, Banks, Dams, and Embankments.
(A) General. Each application shall include a
general plan and a detailed plan for each proposed siltation structure, water
impoundment, and coal processing waste bank, dam, or embankment within the
proposed mine plan area.
1. Each general plan
shall-
A. Be prepared by, or under the
direction of, and certified by a qualified registered professional engineer
with assistance from experts in related fields such as land surveying and
landscape architecture;
B. Contain
a description, map, and cross-section of the structure and its
location;
C. Contain preliminary
hydrologic and geologic information required to assess the hydrologic impact of
the structure;
D. Contain a survey
describing the potential effect on the structure from subsidence of the
subsurface strata resulting from past underground mining operations if
underground mining has occurred;
E.
Contain a certification statement which includes a schedule setting forth the
dates that any detailed design plans for structures that are not submitted with
the general plan will be submitted to the director. The commission or director
shall have approved, in writing, the detailed design plan for a structure
before construction of the structure begins; and
F. Contain the calculated theoretical
detention time and all supporting documentation and drawings used to establish
the required detention times under
10
CSR 40-3.040(6)(C) 1. and
3.
2. Impoundments
meeting the Class B or C criteria for dams in TR-60, which is incorporated by
reference, shall comply with the requirements of this section for structures
that meet or exceed the size or other criteria of the Mine Safety and Health
Administration (MSHA). Each detailed design plan for a structure that meets or
exceeds the size or other criteria of the MSHA,
30
CFR 77.216(a), shall-
A. Be prepared by, or under the direction of,
and certified by a qualified registered professional engineer with assistance
from experts in related fields such as geology, land surveying, and landscape
architecture;
B. Include any
geotechnical investigation, design, and construction requirements for the
structure;
C. Describe the
operation and maintenance requirements for each structure; and
D. Describe the timetable and plans to remove
each structure, if appropriate.
3. Each detailed design plan for a structure
that does not meet the size or other criteria of
10
CSR 40-6.050(11)(A) 2. shall-
A. Be prepared by, or under the direction of,
and certified by a qualified registered professional engineer and all coal
processing waste dams and embankments covered by
10
CSR 40-3.080(9)-(11) shall be
certified by a qualified registered professional engineer;
B. Include any design and construction
requirements for the structure, including any required geotechnical
information;
C. Describe the
operation and maintenance requirements for each structure; and
D. Describe the timetable and plans to remove
each structure, if appropriate.
(B) Siltation Structures. Siltation
structures, whether temporary or permanent, shall be designed in compliance
with the requirements of
10
CSR 40-3.040(6). Any siltation
structure or earthen structure which will remain on the proposed mine plan area
as a permanent water impoundment shall also be designed to comply with the
requirements of
10
CSR 40-3.040(10). Each plan, at a
minimum, shall comply with the requirements of the MSHA,
30
CFR 77.216-1, and
30
CFR 77.216-2.
(C) Permanent and Temporary Impoundments.
Permanent and temporary impoundments shall be designed to comply with the
requirements of
10
CSR 40-3.040(10). Each plan for an
impoundment meeting the size or other criteria of the Mine Safety and Health
Administration shall comply with the requirements of
30
CFR 77.216-1 and
30
CFR 77.216-2. The plan required to be
submitted to the district manager of MSHA under
30
CFR 77.216 shall be submitted to the director
as part of the permit application in accordance with subsection
(11)(A).
(D) Coal Processing Waste
Banks. Coal processing waste banks shall be designed to comply with the
requirements of
10
CSR 40-3.080(1)-(4).
(E) Coal Processing Waste Dams and
Embankments. Coal processing waste dams and embankments shall be designed to
comply with the requirements of
10
CSR 40-3.080(9)-(11). Each plan shall
comply with the requirements of the MSHA,
30
CFR 77.216-1, and
30
CFR 77.216-2 and shall contain the results of
a geotechnical investigation of the proposed dam or embankment foundation area
to determine the structural competence of the foundation which will support the
proposed dam or embankment structure and the impounded material. The
geotechnical investigation shall be planned and supervised by an engineer or
engineering geologist, according to the following:
1. The number, location, and depth of borings
and test pits shall be determined using current prudent engineering practice
for the size of the dam or embankment, quantity of material to be impounded,
and subsurface conditions;
2. The
character of the overburden and bedrock, the proposed abutment sites, and any
adverse geotechnical conditions which may affect the particular dam,
embankment, or reservoir site shall be considered;
3. All springs, seepage, and groundwater flow
observed or anticipated during wet periods in the area of the proposed dam or
embankment shall be identified on each plan; and
4. Consideration shall be given to the
possibility of mudflows, rock-debris falls, or other landslides into the dam,
embankment, or impounded material.
(F) If the structure meets the Class B or C
criteria for dams in TR-60, or meets the size or other criteria of
30
CFR 77.216(a), each plan
under subsections (11)(B), (C), and (E) of this rule shall include a stability
analysis of each structure. The stability analysis shall include, but not be
limited to, strength parameters, pore pressures, and long-term seepage
conditions. The plan shall also contain a description of each engineering
design assumption and calculation with a discussion of each alternative
considered in selecting the specific design parameters and construction
methods.
(12)
Reclamation Plan-Surface Mining Near Underground Mining. For surface mining
activities within the proposed permit area to be conducted within five hundred
feet (500') of an underground mine, the application shall describe the measures
to be used to comply with
10
CSR 40-3.070.
(13) Diversions. Each application shall
contain descriptions, including maps and cross-sections of stream channel
diversions and other diversions to be constructed within the proposed permit
area to achieve compliance with
10
CSR 40-3.040(3) and (4).
(14) Protection of Public Parks and Historic
Places.
(A) For any public parks or historic
places that may be adversely affected by the proposed operations, each plan
shall describe the measures to be used to minimize or prevent these impacts and
obtain approval as required in
10
CSR 40-5.010(3)(F).
(B) For any public parks or any places listed
on the National Register of Historic Places that may be adversely affected by
the proposed operation, each plan shall describe the measure to be used to
prevent impacts, or if valid existing rights exist, as determined under
10
CSR 40-5.010(7), or joint agency
approval is to be obtained under
10
CSR 40-5.010(8)(D), to minimize
adverse impacts.
(C) The director
may require the applicant or operator 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 prior to
the commencement of any specific mining operation which would affect these
properties.
(15)
Relocation or Use of Public Roads. Each application shall describe, with
appropriate maps and cross-sections, the measures to be used to ensure that the
interests of the public and affected landowners are protected if, under
10
CSR 40-5.010(5)(B), the applicant
seeks to have the commission or director approve-
(A) Conducting the proposed surface mining
activities within one hundred feet (100') of the right-of-way line of any
public road, except where mine access or haul roads join that right-of-way;
or
(B) Relocating a public
road.
(16) Disposal of
Excess Spoil.
(A) Each application shall
contain descriptions, including appropriate maps and cross-section drawings, of
the proposed disposal site and design of the spoil disposal structures
according to
10 CSR
40-3.060(1)-(4). These plans shall
describe the geotechnical investigation, design, construction, operation,
maintenance, and removal, if appropriate, of the site and structures.
(B) Each application shall contain the
results of a geotechnical investigation of the proposed disposal site,
including the following:
1. The character of
bedrock and any adverse geologic conditions in the disposal area;
2. A survey identifying all springs, seepage,
and groundwater flow observed or anticipated during wet periods in the area of
the disposal site;
3. A survey of
the potential effects of subsidence of the subsurface strata due to past and
future mining operations;
4. A
technical description of the rock materials to be utilized in the construction
of those disposal structures containing rock chimney cores or underlain by a
rock drainage blanket; and
5. A
stability analysis including, but not limited to, strength parameters, pore
pressures, and long-term seepage conditions. These data shall be accompanied by
a description of all engineering design assumptions and calculations and the
alternatives considered in selecting the specific design specifications and
methods.
(C) If, under
10 CSR
40-3.060(1)(I), rock-toe buttresses
or key way cuts are required, the applicant shall include the following:
1. The number, location, and depth of borings
or test pits which shall be determined with respect to the size of the spoil
disposal structure and subsurface conditions; and
2. Engineering specifications utilized to
design the rock-toe buttress or key way cuts which shall be determined in
accordance with paragraph (16)(B)5. of this rule.
(17) Transportation Facilities.
(A) Each application shall contain a detailed
description of each road, conveyor, or rail system to be constructed, used, or
maintained within the proposed permit area. The description shall include a
map, appropriate cross-sections, and the following:
1. Design drawings and specifications for
each road width, road gradient, road surface, road cut, fill embankment,
culvert, bridge, drainage ditch, low water crossings, and drainage
structure;
2. A report of
appropriate geotechnical analysis, where approval of the commission or director
is required for alternative specifications or for steep cut slopes under
10 CSR
40-3.140(1)(D), (3)(C), (8)(D), or
(10)(C) or
10
CSR 40-3.290(3)(C), (8)(D), or
(10)(C);
3. A description of
measures to be taken to obtain approval for alteration or relocation of a
natural drainageway under
10 CSR
40-3.140(4)(D), (11)(D), or (18)(C)
or
10
CSR 40-3.290(4)(D), (11)(D), or
(18)(C);
4. A description of
measures, other than use of a rock headwall, to be taken to protect the inlet
end of a ditch relief culvert, for approval under
10 CSR
40-3.140(2)(C), (9)(C), or (16)(C)
and
10
CSR 40-3.290(2)(C), (9)(C), or
(16)(C);
5. A general description
of each road, conveyor, or rail system to be constructed, used, or maintained
within the proposed mine plan area shall be contained in each plan;
6. The drawings and specifications of each
proposed road that is located in the channel of an intermittent or perennial
stream as necessary for approval of the road in accordance with
10 CSR
40-3.140(2)(B), (9)(B), and (16)(B)
and
10
CSR 40-3.290(2)(B), (9)(B), and
(16)(B);
7. Drawings and
specifications for each low water crossing of perennial or intermittent stream
channels indicating that the protection of the stream is maximized by the low
water crossings being designed, constructed, and maintained to prevent erosion
of the structure or stream bed and additional contributions of suspended solids
to stream flow;
8. The drawings and
specifications for each proposed ford of perennial or intermittent streams that
are used as a temporary route, as necessary for approval of the ford by the
regulatory authority in accordance with
10 CSR
40-3.140(4)(A) or (11)(A);
and
9. Descriptions of the plans to
remove and reclaim each road that would not be retained under an approved
postmining land use and the schedule for this removal and
reclamation.
(B) Class I
and II Road Certification. The plans and drawings for each Class I and II road
shall be prepared by, or under the direction of, and certified by a qualified
registered professional engineer, experienced in the design and construction of
roads, as meeting the requirements of this chapter; current, prudent
engineering practices; and any design criteria established by the regulatory
authori-t y.
(18)
Support Facilities. Each applicant for a surface coal mining and reclamation
permit shall submit a description, plans, and drawings for each support
facility to be constructed, used, or maintained within the proposed permit
area. The plans and drawings shall include a map, appropriate cross-sections,
design drawings, and specifications sufficient to demonstrate compliance with
10 CSR
40-3.140(23) for each
facility.
Notes
*Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.
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