Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 3 - Permanent Performance Requirements for Surface Coal Mining and Related Activities › Section 10 CSR 40-3.100 - Requirements for the Protection of Fish, Wildlife and Related Environmental Values and Protection Against Slides and Other Damage

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  the protection offish, wildlife and related environmental values and the
				  protection against slides and other damage pursuant to sections
				  444.810
				  and
				  444.855.2(24),RSMo.
(1) Any person conducting surface mining
				activities, to the extent possible using the best technology currently
				available, shall minimize disturbances and adverse impacts of the activities on
				fish, wildlife and related environmental values and achieve enhancement of
				these resources where practicable.
(2) Endangered and Threatened Species. No
				surface mining activity shall be conducted which is likely to jeopardize the
				continued existence of endangered or threatened species listed by the Missouri
				Department of Conservation and the United States Fish and Wildlife Service or
				which is likely to result in the destruction or adverse modification of
				designated critical habitats of the species in violation of the Endangered
				Species Act (
				16
				U.S.C. 1531 ). A person who conducts surface
				mining activities promptly shall report to the director the presence in the
				permit area of any critical habitat of a threatened or endangered species
				listed by the secretary of the interior, any plant or animal listed as
				threatened or endangered by the state, or any bald or golden eagle of which
				that person becomes aware and which was not previously reported to the director
				by that person. Upon notification, the director shall consult with the Missouri
				Department of Conservation and the United States Fish and Wildlife Service and,
				after consultation, shall identify whether and under what conditions the
				operator may proceed.
(3) A person
				who conducts surface mining activities shall ensure that the design and
				construction of electric power lines and other transmission facilities used for
				or incidental to the surface mining activities on the permit area are in
				accordance with the guidelines set forth in
Environmental Criteria for
				Electric
Transmission System
(USDI, USDA (1970)),
				  incorporated by reference, or in alternative guidance manuals approved in the
				  permit and plan. Distribution lines shall be designed and constructed in
				  accordance with REA Bulletin 61-10,
Powerline Contacts by Eagles and
				  Other Large Birds,
incorporated by refer-ence, or in alternative
				  guidance manuals approved in the permit and plan.
(4) To the extent possible using the best
				technology currently available, each person who conducts surface mining
				activities shall-
(A) Locate and operate haul
				and access roads so as to avoid or minimize impacts to important fish and
				wildlife species or other species protected by state or federal law;
(B) Fence roadways where specified in the
				permit and plan to guide locally important wildlife to roadway underpasses or
				overpasses and construct the necessary passages. No new barrier shall be
				created in known and important wildlife migration routes;
(C) Fence, cover or use other appropriate
				methods to exclude wildlife from ponds which contain hazardous concentrations
				of toxic-forming materials;
(D)
				Restore, enhance where practicable or avoid disturbance to habitats of
				unusually high value for fish and wildlife;
(E) Restore, enhance where practicable or
				maintain natural riparian vegetation on the banks of streams, lakes and other
				wetland areas;
(F) Afford
				protection to aquatic communities by avoiding stream channels as required in
				10
				CSR 40-3.040(18) or by restoring
				stream channels as required in
				10
				CSR 40-3.040(4);
(G) Not use persistent pesticides on the area
				during surface mining and reclamation activities unless approved in the permit
				and plan; and
(H) Prevent, control
				and suppress, to the extent possible, range, forest and coal fires which are
				not approved in the permit and plan as part of a management plan.