Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 4 - Permanent Performance Requirements for Special Mining Activities › Section 10 CSR 40-4.010 - Coal Exploration Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  conducting coal exploration activities pursuant to 444.810 and 444.845,
				  RSMo.
(1) General
				Responsibility of Persons Conducting Coal Exploration. Each person who conducts
				coal exploration shall obtain a permit, as required under
				10 CSR
				40-6.020, and all operations which substantially
				disturb the natural land surface regardless of how much coal is removed shall
				comply with section (3) of this rule.
(2) Required Documents. Each person who
				conducts coal exploration which substantially disturbs the natural land
				surface, while in the exploration area, shall have available a copy of the
				exploration permit for review by the authorized representative of the director
				or commission upon request.
(3)
				Performance Standards for Coal Exploration.
(A) Habitats of unique or unusually high
				value for fish, wildlife and other related environmental values and critical
				habitats of threatened or endangered species identified pursuant to the
				Endangered Species Act of 1973 (
				16
				U.S.C. 1531 -
				1543
				) shall not be disturbed during coal exploration.
(B) All roads or other transportation
				facilities used for coal exploration shall comply with the applicable
				provisions of
				10 CSR
				40-3.140(1)-(23).
(C) If excavations, artificially flat areas
				or embankments are created during exploration, these areas shall be returned to
				the approximate original contour promptly after these features are no longer
				needed for coal exploration.
(D)
				Topsoil shall be separately removed, stored and redistributed on areas
				disturbed by coal exploration activities as necessary to assure successful
				revegetation or as required by the director or commission.
(E) All areas disturbed by coal exploration
				activities shall be revegetated in a manner that encourages prompt revegetation
				and recovery of a diverse, effective and permanent vegetative cover.
				Revegetation shall be accomplished in accordance with the following:
1. All areas disturbed by coal exploration
				activities shall be seeded or planted to the same seasonal variety native to
				the areas disturbed. If the land use of the exploration area is intensive
				agriculture, planting of the crops normally grown will meet the requirements of
				this paragraph; and
2. The
				vegetative cover shall be capable of stabilizing the soil surface from
				erosion.
(F) Diversions
				of overland flows and ephemeral, perennial or intermittent streams shall be
				made in accordance with
				10
				CSR 40-3.040(3) and (4).
(G) Each exploration hole, borehole, well or
				other exposed underground opening created during exploration shall be reclaimed
				in accordance with
				10
				CSR 40-3.020(1)-(3).
(H) All facilities and equipment shall be
				promptly removed from the exploration area when they are no longer needed for
				exploration, except for those facilities and equipment that the director or
				commission determines may remain to-
1.
				Provide additional environmental data;
2. Reduce or control the on- and off-site
				effects of the exploration activities; or
3. Facilitate future surface mining and
				reclamation operations by the person conducting the exploration.
(I) Coal exploration shall be
				conducted in a manner which minimizes disturbance of the prevailing hydrologic
				balance in accordance with
				10
				CSR 40-3.040(1)-(3), (5)-(7) and
				(9)-(12). The director or commission may
				specify additional measures which shall be adopted by the person engaged in
				coal exploration.
(J) Acid- or
				toxic-forming materials shall be handled and disposed of in accordance with
				10
				CSR 40-3.040(1) and (9) and
				10
				CSR 40-3.080. The director or commission may specify
				additional measures which shall be adopted by the person engaged in coal
				exploration.