Mo. Code Regs. tit. 10 § 40-6.040

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 40-6.040 - Surface Mining Permit Applications-Minimum

PURPOSE: This rule sets forth requirements for information on environmental resources for surface mining permit applications pursuant to sections 444.810, 444.820, 444.825, 444.835, 444.840, and 444.850, RSMo.

(1) Responsibilities.

(A) It is the responsibility of the applicant to provide, except where specifically exempted in this rule, all information required by this rule in the application.

(B) It is the responsibility of state and federal government agencies to provide information for applications as specifically required by this rule.

(2) General Requirements. Each permit application shall include a description of the existing, premining environmental resources within the proposed mine plan area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

(3) General Environmental Resources Information. Each application shall describe and identify-

(A) The size, sequence, and timing of the subareas of the mine plan area for which it is anticipated that individual permits for mining will be requested over the estimated total life of the proposed surface mining activities; and

(B) The nature of cultural and historic 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. Based on this information, the applicant may recommend to the director appropriate identification, evaluation, or mitigation measures. The director may require the applicant to identify and evaluate important historic resources and archaeological sites that may be eligible for listing on the National Register of Historic Places through collection of additional information, conduct of field investigation, or other appropriate analyses.

(4) Description of Hydrology and Geology- General Requirements.

(A) Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed mine plan area, the adjacent area, and the general area. The description shall include information on the characteristics of all surface and ground waters within the general area and any water which will flow into or receive discharges of water from the general area. The description shall be prepared according to sections (4)-(8) of this rule and conform to this section.

(B) Information Provided by the Director.

1. Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed mine plan area and within the general area shall be provided by the director, to the extent that this data is available from an appropriate federal or state agency.

2. If this information is not available from those agencies, the applicant may gather and submit this information to the director as part of the permit application.

3. The permit shall not be approved by the commission or director until this information is made available in the application.

(C) The use of modeling techniques may be included as part of the permit application, but the same surface and ground water information may be required for each site as when models are not used.

(5) Geology Description.

(A) The description shall include a general statement of the geology within the proposed mine plan and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer to be affected below the lowest coal seam to be mined. The description shall include the areal and structural geology of the permit and adjacent areas and other parameters which influence the required reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters. It shall be based on-

1. The cross-sections, maps, and plans required by section (15) of this rule;

2. The information obtained under paragraphs (5)(B)1. and 2. of this rule; and

3. Geologic literature and practices.

(B) Test Borings and Core Samples.

1. Test borings or core samples from the proposed permit area shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined, or any aquifer below the lowest coal seam which may be adversely affected, to provide the following data in the description:

A. Location of subsurface water, if encountered;

B. Logs of drill holes showing the lithologic characteristics and thickness of each stratum and each coal seam;

C. Physical properties of each stratum within the overburden;

D. Chemical analysis of each stratum within the overburden and the stratum immediately below the lowest coal seam to be mined to identify, at a minimum, those horizons which contain potential acid-forming, toxic-forming or alkalinity-producing materials; and

E. Analyses of the coal seam for acid-or toxic-forming materials, including, but not limited to, an analysis of the total sulfur and pyritic sulfur content.

2. If required by the commission or director, test borings or core samplings shall be collected and analyzed to greater depths within the proposed permit area, or for areas outside the proposed permit area to provide for evaluation of the impact of the proposed activities on the hydrologic balance.

3. An applicant may request that the requirement for a statement of the results of the test borings or core samplings be waived by the director. The waiver may be granted only if the director makes a written determination that the statement is unnecessary because other equivalent information is accessible to him/her in a satisfactory form.

(6) Groundwater Information.

(A) The application shall contain a description of the groundwater hydrology for the proposed mine plan and adjacent area, including, at a minimum:

1. The depth below the surface and the horizontal extent of the water table and aquifers;

2. The lithology and thickness of the aquifers;

3. Known uses of the water in the aquifers and water table; and

4. The quality of subsurface water, if encountered.

(B) The application shall also contain information which describes the recharge, storage, and discharge characteristics of aquifers and the quality and quantity of groundwater, in the parameters and in the detail necessary to evaluate these characteristics.

(7) Surface Water Information.

(A) Surface water information shall be described, including the name of the watershed which will receive water discharges, the location of all surface water bodies such as streams, lakes, ponds, and springs, the location of any water discharge into any surface body of water, and descriptions of surface drainage systems sufficient to identify, in detail, the seasonal variations in water quantity and quality within the proposed mine plan and adjacent areas.

(B) Surface water information shall include:

1. Minimum, maximum, and average discharge conditions which identify critical low flow and peak discharge rates of streams sufficient to identify seasonal variations; and

2. Water quality data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface or ground water from affected areas within the proposed mine plan area sufficient to identify seasonal variations, showing-

A. Total dissolved solids in milligrams per liter;

B. Total suspended solids in milligrams per liter;

C. Acidity;

D. pH in standard units;

E. Total and dissolved iron in milligrams per liter;

F. Total manganese in milligrams per liter; and

G. Other information as the director determines is relevant.

(8) Alternative Water Supply Information. The application shall identify the extent to which the proposed surface mining may proximately result in contamination, diminution, or interruption of any underground or surface source of water within the proposed mine plan or adjacent areas for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall identify the alternative sources of water supply that could be developed to replace the existing sources.

(9) Climatological Information.

(A) When requested by the director, the application shall contain a statement of the climatological factors that are representative of the proposed mine plan area, including:

1. The average seasonal precipitation;

2. The average direction and velocity of prevailing winds; and

3. Seasonal temperature ranges.

(B) The director may request additional data as deemed necessary to ensure compliance with the requirements of this chapter.

(10) Vegetation Information.

(A) The permit application shall contain a map that delineates existing vegetative types and a description of the plant communities within the proposed permit area and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.

(B) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under section (11) of this rule.

(11) Fish and Wildlife Resources Information.

(A) The fish and wildlife information required will be consistent with the Endangered Species Act of 1973, ( 16 U.S.C. Section 1531 ); section 444.855.2(17), RSMo; 10 CSR 40-3.040(18); and 10 CSR 40-3.100.

(B) Each application shall include information on fish and wildlife and their habitats within the proposed mine plan area and the portions of the adjacent areas where effects on these resources may reasonably be expected to occur. This information shall be sufficient in detail to design the protection and enhancement plan required in 10 CSR 40-6.050(7).

(C) The director, in consultation with the Missouri Department of Conservation and the United States Fish and Wildlife Service, shall determine the minimum level of informational detail and specify the areas from which information will be obtained and shall make a determination based on-

1. Published data and the Missouri Natural Features Inventory and other information;

2. Site-specific information obtained by the applicant in accordance with subsection (11)(D) of this rule; and

3. Written guidance obtained from agencies consulted.

(D) Site-specific information obtained by the applicant to satisfy paragraph (11)(C)2. of this rule, at a minimum, shall include the following:

1. Amount of woodland edge;

2. Extent of food sources, nesting places, and concealment cover;

3. Degree of interspersion of habitat types; and

4. Amount and quality of permanent water sources.

(E) 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 at a minimum:

1. Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the secretary under the Endangered Species Act of 1973, as amended, ( 16 U.S.C. 1531, et seq.) or those species or habitats protected by the state of Missouri as listed in the current publication of Rare and Endangered Species of Missouri as determined by the Missouri Department of Conservation;

2. 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

3. Other species or habitats identified through agency consultation as requiring special protection under state or federal law.

(F) Fish and Wildlife Service. Upon request, the regulatory authority shall provide the resource information required under this section and the protection and enhancement plan required under this section to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office, for their review. This information shall be provided within ten (10) days of receipt of the request from the service.

(12) Soil Resources Information.

(A) The applicant shall provide adequate soil survey information of the permit area consisting of the following:

1. A map delineating different soils;

2. Soil identification;

3. Soil description; and

4. Present and potential productivity of prime farmland soils.

(B) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 10 CSR 40-3.030(2).

(13) Land Use Information.

(A) The application shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area, including:

1. A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five (5) years before the anticipated date of beginning the proposed operations, the historic use of the land also shall be described; and

2. A narrative of land capability and productivity, which analyzes the land use description under subsection (13)(A) of this rule in conjunction with other environmental resources information required under this rule. The narrative shall provide analysis of-

A. The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area; and

B. The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from these lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture, state agricultural universities, or appropriate state agencies.

(B) The application shall state whether the proposed mine plan area has been previously mined and, if so, require the following information, if available:

1. The type of mining method used;

2. The coal seams or other mineral strata mined;

3. The extent of coal or other minerals removed;

4. The approximate dates of past mining; and

5. The uses of the land preceding mining.

(C) The application shall contain a description of the existing land uses and land-use classifications under local law, if any, of the proposed mine plan and adjacent areas.

(14) Maps-General Requirements. The permit application shall include maps showing:

(A) All boundaries of lands and names of present owners of record of those lands both surface and subsurface, included in or contiguous to the permit area;

(B) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;

(C) The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought;

(D) The location of all buildings on and within one thousand feet (1000') of the proposed permit area, with identification of the current use of the buildings;

(E) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electrical transmission lines, pipelines, and agricultural drainage tile fields;

(F) The location and boundaries of any proposed reference areas for determining the success of revegetation;

(G) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the director and those surface waters which will receive discharges from affected areas in the proposed mine plan area;

(H) Each public road located in or within one hundred feet (100') of the proposed permit area;

(I) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archaeological sites within the mine plan and adjacent areas;

(J) Each public or private cemetery or Indian burial ground located in or within one hundred feet (100') of the proposed permit area;

(K) Any land within the proposed mine plan area and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act;

(L) All buffer zones as defined at 10 CSR 40-8.010(1)(A); and

(M) Other relevant information required by the director.

(15) Cross-Sections, Maps, and Plans. The application shall include cross-sections, maps, and plans showing-

(A) Elevations and locations of test boring and core samplings;

(B) Elevations and locations of monitoring stations used to gather data for water quality and quantity, fish and wildlife, and air quality, if required in preparation of the application;

(C) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(D) All coal croplines and the strike and dip of the coal to be mined within the proposed mine plan area;

(E) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed mine plan and adjacent areas;

(F) Location and extent of subsurface water, if encountered, within the proposed mine plan or adjacent areas;

(G) Location of surface water bodies such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed mine plan and adjacent areas;

(H) Location and extent of existing or previously surface mined areas within the proposed mine plan area;

(I) Location and dimensions of existing areas of spoil, waste, and noncoal waste disposal dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;

(J) Location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the mine plan area and adjacent area;

(K) Sufficient slope measurements to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following:

1. Each measurement shall consist of an angle of inclination along the prevailing slope extending one hundred (100) linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the director;

2. Where the area has been previously mined, the measurements shall extend at least one hundred feet (100') beyond the limits of mining disturbances, or any other distance determined by the director to be representative of the premining configuration of the land; and

3. Slope measurements shall take into account natural variations in slope to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed; and

(L) Maps, plans, and cross-sections included in a permit application which are required by this section shall be prepared by or under the direction of and certified by a qualified registered professional engineer, or a professional geologist, with assistance from experts in related fields, such as land surveying and landscape architecture, and shall be updated as required by the commission or director.

(16) Prime Farmland Investigation.

(A) Land shall not be considered prime farmland when the applicant can demonstrate one (1) of the following:

1. The land has not been historically used as cropland;

2. The slope of the land is ten percent (10%) or greater;

3. The land is not irrigated or naturally subirrigated, has no developed water supply that is dependable or of adequate quality, and the average annual precipitation is fourteen inches (14") or less;

4. Other factors exist, such as a very rocky surface or the land is frequently flooded during the growing season, more often than once in two (2) years, and the flooding has reduced crop yields; or

5. On the basis of a soil survey of lands within the mine plan area, there are no soil map units that have been designated prime farmland by the United States Natural Resources Conservation Service.

(B) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one (1) of the criteria of subsection (16)(A) of this rule.

(C) Application Contents-Reconnaissance Inspection.

1. All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The director or commission in consultation with the United States Natural Resources Conservation Service shall determine the nature and extent of the required reconnaissance inspection.

2. If the reconnaissance inspection establishes that prime farmland does exist within the proposed permit area, but that it has not been historically used as cropland, the applicant may submit a request for negative determination.

3. If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for croplands, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the permit area have been designated as prime farmland. If no soil survey exists, the applicant shall have a soil survey made of the lands within the permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the United States Natural Resources Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils. If the soil survey indicates that prime farmland soils are present within the proposed permit area, 10 CSR 40-6.060(4) shall apply.

10 CSR 40-6.040

AUTHORITY: section 444.530, RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11 , 1980. Amended: Filed Dec. 10, 1980, effective April 11 , 1981. Amended: Filed Aug. 4, 1987, effective 11/23/1987. Amended: Filed Dec. 15, 1987, effective 4/1/1988. Amended: Filed June 2, 1988, effective 8/25/1988. Amended: Filed March 2, 1989, effective 5/15/1989. Amended: Filed May 2, 1989, effective 8/1/1989. Amended: Filed July 3, 1990, effective 11/30/1990. Amended: Filed May 15, 1992, effective 1/15/1993. Amended: Filed March 21, 2000, effective 10/30/2000. Amended: Filed Dec. 17, 2012, effective 7/30/2013.

*Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.