Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 8 - Definitions and General Requirements › Section 10 CSR 40-8.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth definitions applicable
				  to 10 CSR 40-3-10 CSR 40-9, pursuant to section
				  444.810,
				  RSMo.
(1) Definitions.
(A) As used throughout 10 CSR 40-3-10 CSR
				40-9, the following terms have the specified meaning except where otherwise
				indicated:
1. Acid drainage means water with
				a pH of less than six (6) and in which total acidity exceeds total alkalinity,
				discharged from an active, inactive or abandoned surface coal mine and
				reclamation operation or from an area affected by surface coal mining and
				reclamation operations;
2.
				Acid-forming materials mean earth materials that contain sulfide minerals or
				other materials which, if exposed to air, water or weathering processes, form
				acids that may create acid drainage;
3. Act means the Surface Mining Control and
				Reclamation Act of 1977 ( P.L. 95-87 );
4. Adjacent area means land located outside
				the affected area, permit area or mine area, depending on the context in which
				adjacent area is used, where air, surface or ground water, fish, wildlife,
				vegetation or other resources may be adversely impacted by surface coal mining
				and reclamation operations including probable impacts from underground
				workings;
5. Affected area means
				any land or water surface area which is used to facilitate, or is physically
				altered by, surface coal mining and reclamation operations. The affected area
				includes the disturbed area; any area upon which surface coal mining and
				reclamation operations are conducted; any adjacent lands the use of which is
				incidental to surface coal mining and reclamation operations; all areas covered
				by new and existing roads used to gain access to, or for hauling coal to or
				from surface coal mining and reclamation operations, except as provided in this
				definition; any area covered by surface excavations, workings, impoundments,
				dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles,
				overburden piles, spoil banks, culm banks, tailings, holes or depressions,
				repair areas, storage areas, shipping areas; any area upon which are sited
				structures, facilities or other property material on the surface resulting
				from, or incident to, surface coal mining and reclamation operations; and the
				area located above underground workings. Public roads may be included in the
				affected area and regulated on a case-by-case basis, as determined by the
				extent of mining-related use;
6.
				Agricultural use means the use of any tract of land for the production of
				animal or vegetable life. The uses include, but are not limited to, the
				pasturing, grazing and watering of livestock and the cropping, cultivation and
				harvesting of plants;
7. Anthracite
				means coal classified as anthracite in ASTM Standard D 388-77. Coal
				classifications are published by the American Society for Testing and Materials
				(ASTM) under the title, Standard Specification for Classification of Coals by
				Rank, ASTM D 388-77, on pages 220-224. Table I which classifies the coals by
				rank is presented on page 223. This publication is incorporated by reference as
				it exists on February 11 , 1980;
8.
				Applicant means any person seeking a permit from the commission or director to
				conduct surface coal mining and reclamation operations or a revision or renewal
				of the permit;
9. Approximate
				original contour means that surface configuration achieved by backfilling and
				grading of the mined areas so that the reclaimed area, including any terracing
				or access roads, closely resembles the general surface configuration of the
				land prior to mining and blends into and complements the drainage pattern of
				the surrounding terrain with all highwalls, spoil piles and coal refuse piles
				eliminated. Permanent water impoundments may be permitted where it is
				determined that they comply with
				10
				CSR 40-3.040(10) and (17) and
				10 CSR
				40-3.130;
10. Aquifer means a zone, stratum or group of
				strata that can store and transmit water in sufficient quantities for a
				specific use;
11. Auger mining
				means a method of mining coal at a cliff or highwall by drilling holes into an
				exposed coal seam from the highwall and transporting the coal along an auger
				bit to the surface;
12. Best
				technology currently available means equipment, devices, systems, methods or
				techniques which will-
A. Prevent, to the
				extent possible, additional contributions of suspended solids to stream flow or
				runoff outside the permit area, but in no event result in contributions of
				suspended solids in excess of requirements set by applicable state or federal
				laws; and
B. Minimize, to the
				extent possible, disturbance and adverse impact on fish, wildlife and related
				environmental values and achieve enhancement of those resources where
				practicable. The term includes equipment, devices, systems, methods or
				techniques which are currently available anywhere even if they are not in
				routine use. The term includes, but is not limited to, construction practices,
				siting requirements, vegetative selection and planting requirements, animal
				stocking requirements, scheduling of activities and design of siltation
				structures in accordance with 10 CSR 40-3. Within the constraints of the
				permanent program, the commission and director will determine the best
				technology currently available on a case-by-case basis;
13. Buffer zone means a boundary which
				establishes a limit of mining-related disturbance beyond which a variance to
				the regulations must be obtained before disturbance;
14. Coal means combustible carbonaceous rock,
				classified as anthracite, bituminous, subbituminous or lignite by ASTM Standard
				D 388-77, referred to and incorporated by reference in the definition of
				anthracite in paragraph (1)(A)7.;
15. Coal exploration means the field
				gathering of-
A. Surface or subsurface
				geologic, physical or chemical data by mapping, trenching, drilling,
				geophysical or other techniques necessary to determine the quality and quantity
				of overburden and coal of an area; or
B. Environmental data to establish the
				conditions of an area before beginning surface coal mining and reclamation
				operations under the requirements of the regulatory program;
16. Coal mine waste means coal
				processing waste and underground development waste;
17. Coal preparation area means that portion
				of the permitted area used for the benefication of raw coal and structures
				related to the benefication process, such as the washer, tipple, crusher,
				slurry pond(s), gob pile and all waste material directly connected with the
				cleaning, preparation and shipping of coal, but does not include subsurface
				coal waste disposal areas;
18. Coal
				preparation area reclamation means the reclamation of the coal preparation area
				by disposal or burial, or both, of coal waste according to the approved
				reclamation plan, the replacement of topsoil and initial seeding;
19. Coal processing plant or coal preparation
				plant means a facility where coal is subjected to chemical or physical
				processing or cleaning, concentrating or other processing or preparation. It
				includes facilities associated with coal preparation activities, including, but
				not limited to, the following: loading facilities; storage and stockpile
				facilities; sheds, shops and other buildings; water treatment and water storage
				facilities; settling basins and impoundments; coal processing and other waste
				disposal areas; and roads, railroad and other transport facilities;
20. Coal processing waste means earth
				materials which are separated and wasted from the product coal during the
				cleaning, concentrating or other processing or preparation of coal;
21. Coal processing waste bank means a
				surface deposit of coal mine waste that does not impound water, slurry or other
				liquid or semiliquid material;
22.
				Combustible material means organic material that is capable of burning, either
				by fire or through oxidation, accompanied by the evolution of heat and a
				significant temperature rise;
23.
				Commission means the Land Reclamation Commission created by section
				444.520,
				RSMo;
24. Compaction means
				increasing the density of a material by reducing the voids between the
				particles and is generally accomplished by controlled placement and mechanical
				effort, such as from repeated application of wheel, track or roller loads from
				heavy equipment;
25. Cropland means
				land used for the production of adapted crops for harvest, alone or in a
				rotation with grasses and legumes and includes row crops, small grain crops,
				hay crops, nursery crops, orchard crops and other similar specialty
				crops;
26. Cumulative impact area
				means the area, including the permit area within which impacts resulting from
				the proposed operation may interact with the impacts of all anticipated mining
				on surface and ground water systems. Anticipated mining shall include, at a
				minimum, the entire projected lives through bond release of:
A. The proposed operation;
B. All existing operations;
C. Any operations for which a permit
				application has been submitted to the Land Reclamation Program; and
D. All operations required to meet diligent
				development requirements for leased federal coal for which there is actual mine
				development information available;
27. Department means the Department of the
				Interior;
28. Director means the
				director of the Land Reclamation Commission;
29. Director of the office means the director
				of the Office of Surface Mining Reclamation and Enforcement or the
				representative of the director of the office;
30. Disturbed area means an area where
				vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal
				processing waste, underground development waste or noncoal waste is placed by
				surface coal mining operations. Those areas are classified as disturbed until
				reclamation is complete and the performance bond required by 10 CSR 40-7 is
				released;
31. Diversion means a
				channel, embankment or other man-made structure constructed to divert water
				from one (1) area to another;
32.
				Downslope means the land surface between the projected outcrop of the lowest
				coalbed being mined along each highwall and a valley floor;
33. Embankment means an artificial deposit of
				material that is raised above the natural surface of the land and used to
				contain, divert or store water, support roads or railways or for other similar
				purposes;
34. Ephemeral stream
				means a stream which flows only in direct response to precipitation in the
				immediate watershed or in response to the melting of a cover of snow and ice
				and which has a channel bottom that is always above the local water
				table;
35. Existing structure means
				a structure or facility used in connection with or to facilitate surface coal
				mining and reclamation operations for which construction begins prior to the
				approval of a state program;
36.
				Federal lands means any land, including mineral interest, owned by the United
				States, without regard to how the United States acquired ownership of the lands
				or which agency manages the lands. It does not include Indian lands;
37. Federal lands program means a program
				established by the secretary pursuant to section 523 of the Act to regulate
				surface coal mining and reclamation operations on federal lands;
38. Federal program means a program
				established by the secretary pursuant to section 504 of the Act to regulate
				coal exploration and surface coal mining and reclamation operations on
				nonfederal and non-Indian lands within a state in accordance with the Act and
				30 CFR 736;
39. Fugitive dust means
				that particulate matter not emitted from a duct or stack which becomes airborne
				due to the forces of wind or surface coal mining and reclamation operations or
				both. During surface coal mining and reclamation operations it may include:
				emissions from haul roads; wind erosion of exposed surfaces, storage piles and
				spoil piles; reclamation operations; and other activities in which material is
				either removed, stored, transported or redistributed;
40. Groundwater means subsurface water that
				fills available openings in rock or soil materials to the extent that they are
				considered water saturated;
41.
				Half-shrub means a perennial plant with a woody base whose annually produced
				stems die back each year;
42.
				Head-of-hollow fill means a fill structure consisting of any material, other
				than coal processing waste and organic material, placed in the uppermost
				reaches of a hollow where side slopes of the existing hollow measured at the
				steepest point are greater than twenty degrees (>20°) or the average
				slope of the profile of the hollow from the toe of the fill to the top of the
				fill is greater than ten degrees (>10°). In fills with less than two
				hundred fifty thousand (<250,000) cubic yards of material, associated with
				contour mining, the top surface of the fill will be at the elevation of the
				coal seam. In all other head-of-hollow fills, the top surface of the fill, when
				completed, is at approximately the same elevation as the adjacent ridge line,
				and no significant area of natural drainage occurs above the fill draining into
				the fill area;
43. Highwall means
				the face of exposed overburden and coal in an open cut of a surface coal mining
				activity or for entry to underground mining activities;
44. Historically used for cropland means-
A. Lands that have been used for cropland for
				any five (5) years or more out of the ten (10) years immediately preceding the
				acquisition, including purchase, lease or option, of the land for the purpose
				of conducting or allowing through resale, lease or option the conduct of
				surface coal mining and reclamation operations;
B. Lands determined on the basis of
				additional cropland history of the surrounding lands and the lands under
				consideration, that the permit area is clearly cropland but falls outside the
				specific five (5)-year-in-ten (10) criterion, in which case the regulations for
				prime farmland may be applied to include more years of cropland history only to
				increase the prime farmland acreage to be preserved; or
C. Lands that would likely have been used as
				cropland for any five (5) out of the last ten (10) years immediately preceding
				acquisition but for the same fact of ownership or control of the land unrelated
				to the productivity of the land;
45. Hydrologic balance means the relationship
				between the quality and quantity of water inflow to, water outflow from and
				water storage in a hydrologic unit, such as a drainage basin, aquifer, soil
				zone, lake or reservoir. It encompasses the dynamic relationships among
				precipitation, runoff, evaporation and changes in ground and surface water
				storage;
46. Hydrologic regime
				means the entire state of water movement in a given area. It is a function of
				the climate and includes the phenomena by which water first occurs as
				atmospheric water vapor, passes into a liquid or solid form, falls as
				precipitation, moves along or into the ground surface and returns to the
				atmosphere as vapor by means of evaporation and transpiration;
47. Imminent danger to the health and safety
				of the public means the existence of any condition or practice, or any
				violation of a permit or other requirements of the law in a surface coal mining
				and reclamation operation, which condition, practice or violation could
				reasonably be expected to cause substantial physical harm to persons outside
				the permit area before the condition, practice or violation can be abated. A
				reasonable expectation of death or serious injury before abatement exists, if a
				rational person subjected to the same condition or practice giving rise to the
				peril, would avoid exposure to the danger during the time necessary for
				abatement;
48. Impounding structure
				means a dam, embankment or other structure used to impound water, slurry or
				other liquid or semiliquid material;
49. Impoundment means all water, sediment,
				slurry or other liquid or semiliquid holding structures and depressions, either
				naturally formed or artificially built;
50.
In situ
processes means
				activities conducted on the surface or underground in connection with in-place
				distillation, retorting, leaching or other chemical or physical processing of
				coal. The term includes, but is not limited to,
in situ
gasification,
in situ
leaching, slurry mining, solution
				mining, bore-hole mining and fluid recovery mining;
51. Intermittent stream means a stream or
				reach of a stream that-
A. Drains a watershed
				of at least one (1) square mile; or
B. Is below the local water table for at
				least some part of the year, and obtains its flow from both surface runoff and
				groundwater discharge;
52. Land use means specific uses or
				management-related activities, rather than the vegetation or cover of the land.
				Land uses may be identified in combination when joint or seasonal uses occur.
				Changes of land use or uses from one (1) of the following categories to another
				shall be considered as a change to an alternative land use which is subject to
				approval in the permit and plan:
A. Cropland
				means land used for the production of adapted crops for harvest, alone or in a
				rotation with grasses and legumes and includes row crops, small grain crops,
				hay crops, nursery crops, orchard crops and other similar specialty crops. Land
				used for facilities in support of cropland farming operations which is adjacent
				to or an integral part of these operations is also included for purposes of
				these land use categories;
B.
				Pasture means land used primarily for the long-term production of adapted,
				domesticated, forage plants to be grazed by livestock or occasionally cut and
				cured for livestock feed. Land used for facilities in support of pastureland or
				land occasionally cut for hay which is adjacent to or an integral part of these
				operations is also included;
C.
				Prime farmland means an area which has been historically used for crop
				production, as defined previously, and which has prime farmland soils as
				defined by the United States Department of Agriculture, Soil Conservation
				Service (now known as the Natural Resources Conservation Service) in 7 CFR
				657;
D. Woodland means land used or
				managed for the long-term production of wood, wood fiber or wood-derived
				products. Land used for facilities in support of forest harvest and management
				operations which is adjacent to or an integral part of these operations is also
				included;
E. Residential includes
				single- and multi-family housing, mobile home parks and other residential
				lodgings. Land used for facilities in support of residential operations which
				is adjacent to or an integral part of these operations is also included.
				Support facilities include, but are not limited to, vehicle parking and open
				space that directly relate to the residential use;
F. Industrial/commercial means land used for-
(I) Extraction or transformation of materials
				for fabrication of products, wholesaling of products or for long-term storage
				of products. This includes all heavy and light manufacturing facilities such as
				lumber and wood processing, chemical manufacturing, petroleum refining and
				fabricated metal products manufactured. Land used for facilities in support of
				these operations which is adjacent to or an integral part of that operation is
				also included. Support facilities include, but are not limited to, all railroad
				or other transportation facilities; and
(II) Retail or trade of goods or services,
				including hotels, motels, stores, restaurants and other commercial
				establishments. Land used for facilities in support of commercial operations
				which is adjacent to or an integral part of these operations is also included.
				Support facilities include, but are not limited to, parking, storage or
				shipping facilities;
G.
				Recreation means land used for public or private leisure-time use, including
				developed recreation facilities such as parks, camps and amusement areas, as
				well as areas for less intensive uses such as hiking, canoeing and other
				undeveloped recreational uses;
H.
				Fish and wildlife habitat means land dedicated wholly or partially to the
				production, protection or management of species of fish or wildlife;
I. Water includes land used for storing water
				for beneficial uses such as stockponds, irrigation, fire protection, flood
				control and water supply; and
J.
				Undeveloped land means land that is undeveloped or, if previously developed,
				land that has been allowed to return naturally to an undeveloped state or has
				been allowed to return to forest through natural succession;
53. Law, the law, this law, state
				surface coal mining and reclamation law or surface coal mining law means
				sections 444.800-444.940, RSMo;
54.
				Mine plan area means the same as the permit area. Other terms defined in this
				rule which relate closely to mine plan area are-
A. Affected area, which will always be within
				or the same as the permit area; and
B. Adjacent area, which may surround or
				extend beyond the affected area, permit area or mine plan area;
55. Mulch means vegetation
				residues or other suitable materials that aid in soil stabilization and soil
				moisture conservation, thus providing microclimatic conditions suitable for
				germination and growth;
56. Noxious
				plants means species that have been included on official state lists of noxious
				plants;
57. Office means the Office
				of Surface Mining Reclamation and Enforcement (OSMRE) established under Title
				II of the Act;
58. Operator means
				any person engaged in coal mining;
59. Other treatment facilities means any
				chemical treatments, such as flocculation or neutralization, or mechanical
				structures, such as clarifiers or precipitators, that have a point source
				discharge and that are utilized-
A. To prevent
				additional contributions of dissolved or suspended solids to stream flow or
				runoff outside the permit area; or
B. To comply with all applicable state and
				federal water quality laws and regulations;
60. Outslope means the face of the spoil or
				embankment sloping downward from the highest elevation to the toe;
61. Overburden means material of any nature,
				consolidated or unconsolidated, that overlies a coal deposit excluding
				topsoil;
62. Perennial stream means
				a stream or part of a stream that flows continuously during all of the calendar
				year as a result of groundwater discharge or surface runoff. The term does not
				include intermittent stream or ephemeral stream;
63. Performance bond means a surety bond,
				personal bond or a combination of them, by which a permittee assures faithful
				performance of all the requirements of the regulatory program and the
				requirements of the permit and reclamation plan;
64. Permanent diversion means a diversion
				remaining after surface coal mining and reclamation operations are completed
				which has been approved for retention in the permit and plan and other
				appropriate state and federal agencies;
65. Permit means a permit to conduct surface
				coal mining and reclamation operations or coal exploration operations issued by
				the commission pursuant to the regulatory program;
66. Permit area means the area of land
				indicated on the approved map submitted by the operator with his/her
				application, which area of land shall be covered by the operator's bond and
				shall be readily identifiable by appropriate markers on the site;
67. Permittee means a person holding a permit
				or required by this law to hold a permit issued by the commission or director
				pursuant to this law to conduct surface coal mining and reclamation operations
				and coal exploration;
68. Person
				means any individual, partnership, copartnership, firm, company, public or
				private corporation, association, joint stock company trust, estate, political
				subdivision or any agency, board, department or bureau of the state or federal
				government, or any other legal entity which is recognized by law as the subject
				of rights and duties;
69. Person
				having an interest which is or may be adversely affected or person with a valid
				legal interest shall include any person:
A.
				Who uses any resource of economic, recreational, aesthetic or environmental
				value that may be adversely affected by coal exploration or surface coal mining
				and reclamation operations or any related action of the commission or director;
				or
B. Whose property is or may be
				adversely affected by coal exploration or surface coal mining and reclamation
				operations or any related action of the commission or director;
70. Plan means the reclamation
				plan submitted by an applicant as a condition precedent to receiving a
				permit;
71. Precipitation event
				means a quantity of water resulting from drizzle, rain, snow, sleet or hail in
				a limited period of time. It may be expressed in terms of recurrence interval.
				As used in these rules, precipitation event also includes that quantity of
				water emanating from snow cover as snow melts in a limited period of
				time;
72. Previously mined area
				means land affected by surface coal mining operations prior to August 3, 1977,
				that has not been reclaimed to the standards of 10 CSR 40 Chapters
				3-8;
73. Prime farmland means land
				which meets the technical criteria established by the Secretary of Agriculture
				in 7 CFR 657 (FR Vol. 4, No. 21) and which has historically been used for
				cropland as that phrase is defined above;
74. Public office means a facility under the
				direction and control of a governmental entity which is open to public access
				on a regular basis during reasonable business hours;
75. Recharge capacity means the ability of
				the soils and underlying materials to allow precipitation and runoff to
				infiltrate and reach the zone of saturation;
76. Reclamation means those actions taken to
				restore mined land, as required by the regulatory program, to postmining land
				use approved in the permit and plan;
77. Reclamation plan means a plan submitted
				by an applicant for a permit which sets forth a plan for reclamation of the
				proposed surface coal mining operations;
78. Recurrence interval means the interval of
				time in which a precipitation event is expected to occur once on the average.
				For example, the ten- (10-) year, twenty-four-(24-) hour precipitation event
				would be that twenty-four- (24-) hour precipitation event expected to occur on
				the average once in ten (10) years;
79. Reference area means a land unit
				maintained under appropriate management for the purpose of measuring vegetation
				ground cover, productivity and plant species diversity that are produced
				naturally or by crop production methods approved in the permit and plan.
				Reference areas must be representative of geology, soil, slope and vegetation
				in the permit area;
80. Refuse pile
				means a surface deposit of coal mine waste that does not impound water, slurry
				or other liquid or semiliquid material;
81. Regional director means a regional
				director of the office or a regional director's representative;
82. Regulatory authority means the Land
				Reclamation Commission, the director, or their designated representatives and
				employees unless otherwise specified in these rules;
83. Regulatory program means the law and all
				regulations adopted pursuant to the law and submitted to and approved by the
				secretary of the office;
84.
				Renewable resource lands means aquifers and areas for the recharge of aquifers
				and other underground waters, areas for agricultural or silvicultural
				production of food and fiber and grazing lands;
85. Replacement of water supply means, with
				respect to protected water supplies contaminated, diminished or interrupted by
				coal mining operations, provision of water supply on both a temporary and
				permanent basis equivalent to premining quality and quantity. Replacement
				includes provision of an equivalent water delivery system and payment of any
				excess operation and maintenance costs over what had been customary and
				reasonable delivery costs for premining water supplies.
A. Upon agreement by the permittee and the
				water supply owner, the obligation to pay such operation and maintenance costs
				may be satisfied by a one- (1-) time payment in an amount which covers the
				present worth of the increased annual operation and maintenance costs for a
				period agreed to by the permittee and the water supply owner.
B. If the affected water supply was not
				needed for the land use in existence at the time of loss, contamination or
				diminution, and if the supply is not needed to achieve the postmining land use,
				replacement requirements may be satisfied by demonstrating that a suitable
				alternative water source is available and could feasibly be developed. If the
				latter approach is selected, written concurrence must be obtained from the
				water supply owner.
86.
				Road means a surface right-of-way for purposes of travel by land vehicles used
				in coal exploration or surface coal mining and reclamation operations. A road
				consists of the entire area within the right-of-way, including the roadbed,
				shoulders, parking and side area, approaches, structures, ditches, and surface.
				The term includes access and haul roads constructed, used, reconstructed,
				improved or maintained for use in coal exploration or surface coal mining and
				reclamation operations, including use by coal-hauling vehicles to and from
				transfer, processing or storage areas. The term does not include ramps and
				routes of travel within the immediate mining area or within spoil or coal mine
				waste disposal areas.
A. Class I road means a
				road that is utilized for transportation of coal.
B. Class II road means any road, other than a
				Class I road, planned to be used over a six- (6-) month period or
				longer.
C. Class III road means any
				road, other than a Class I road, planned to be used over a period of fewer than
				six (6) months;
87.
				Safety factor means the ratio of the available shear strength to the developed
				shear stress, or the ratio of the sum of the resisting forces to the sum of the
				loading or driving forces, as determined by accepted engineering
				practices;
88. Secretary of the
				office means the secretary of the interior or the secretary's
				representative;
89. Significant,
				imminent environmental harm to land, air or water resources means an
				environmental harm is-
A. An adverse impact
				on land, air or water resources, which resources include, but are not limited
				to, plant and animal life;
B.
				Imminent, if a condition, practice or violation exists which-
(I) Is causing harm; or
(II) May reasonably be expected to cause harm
				at any time before the end of the reasonable abatement time that would be set
				under section 444.855.2, RSMo; and
C. Significant if that harm is appreciable
				and not immediately reparable;
90. Siltation structure means a sedimentation
				pond, a series of sedimentation ponds, or other treatment facility, it also
				means a primary sediment control structure designed, constructed and maintained
				in accordance with
				10
				CSR 40-3.040(6) and including, but
				not limited to, barrier, dam or excavated depression which slows down water
				runoff to allow sediment to settle out. A siltation structure shall not include
				secondary sedimentation control structures, such as straw dikes, riprap, check
				dams, mulches, dugouts and other measures that reduce overland flow velocity,
				reduce runoff volume or trap sediment, to the extent that those secondary
				sedimentation structures drain to the siltation structure;
91. Slope means average inclination of a
				surface, measured from the horizontal, generally expressed as the ratio of a
				unit of vertical distance to a given number of units of horizontal distance
				(for example, 1v:5h (20%)). It may also be expressed as a percent or in
				degrees;
92. Soil horizons means
				contrasting layers of soil parallel or nearly parallel to the land surface.
				Soil horizons are differentiated on the basis of field characteristics and
				laboratory data. The four (4) master soil horizons are-
A. A horizon. The uppermost mineral layer,
				often called the surface soil. It is the part of the soil in which organic
				matter is most abundant and leaching of soluble or suspended particles is
				typically the greatest;
B. E
				horizon. The layer commonly near the surface below an A horizon and above a B
				horizon. An E horizon is most commonly differentiated from an overlying A
				horizon by lighter color and generally has measurably less organic matter than
				the A horizon. An E horizon is most commonly differentiated from an underlying
				B horizon in the same sequum by color of higher value or lower chroma, by
				coarser texture, or by a combination of these properties;
C. B horizon. The layer that typically is
				immediately beneath the E horizon and often called the subsoil. This middle
				layer commonly contains more clay, iron or aluminum than the A, E, or C
				horizon; and
D. C horizon. The
				deepest layer of soil profile. It consists of loose material or weathered rock
				that is relatively unaffected by biologic activity;
93. Soil survey means a field and other
				investigation resulting in a map showing the geographic distribution of
				different kinds of soils and an accompanying report that describes, classifies
				and interprets those soils for use. Soil surveys must meet the standards of the
				National Cooperative Soil Surveys incorporated by reference in
				10
				CSR 40-6.060(4)(C) 1.;
94. Spoil means overburden that has been
				removed during surface coal mining operations;
95. Stabilize means to control movement of
				soil, spoil piles or areas of disturbed earth by modifying the geometry of the
				mass, or by otherwise modifying physical or chemical properties, such as by
				providing a protective surface coating;
96. Steep slope means any slope of more than
				twenty degrees (20°) or a lesser slope as may be designated in the permit
				and plan after consideration of soil, climate and other characteristics of a
				region;
97. Substantially disturb
				means, for purposes of coal exploration, to significantly impact upon land, air
				or water resources by blasting; removal of vegetation, topsoil or overburden;
				construction of roads or other access routes; placement of excavated earth or
				waste material on the natural land surface or other activities; or to remove
				more than two hundred fifty (250) tons of coal;
98. Surface coal mining operations means-
A. Activities conducted on the surface of
				lands in connection with a surface coal mine or surface operations and surface
				impacts incident to an underground coal mine. The activities include excavation
				for the purpose of obtaining coal, including common methods such as contour,
				strip, auger, mountaintop removal, box cut, open pit and area mining, the uses
				of explosives and blasting, and
in situ
distillation or
				retorting, leaching or other chemical or physical processing and the cleaning,
				concentrating or other processing or preparation, loading of coal for
				interstate commerce at or near the minesite; provided, these activities do not
				include the extraction of coal incidental to the extraction of other minerals,
				where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the
				tonnage of minerals removed for purposes of commercial use or sale, or coal
				exploration subject to section
				444.845,
				RSMo; and provided further that excavation for the purpose of obtaining coal
				includes extraction of coal from coal refuse piles; and
B. Areas upon which the activities described
				in subparagraph (1)(A)98.A. of this rule occur or where those activities
				disturb the natural land surface. These areas shall also include any adjacent
				land the use of which is incidental to any such activities, all lands affected
				by the construction of new roads or the improvement or use of existing roads to
				gain access to the site of those activities, and for haulage and excavation,
				working, impoundments, dams, ventilation shafts, entryways, refuse banks,
				dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes
				or depressions, repair areas, storage areas, processing areas, shipping areas
				and other areas upon which are sited structures, facilities or other property
				or material on the surface, resulting from or incident to those
				activities;
99. Surface
				coal mining and reclamation operations means surface coal mining operations and
				all activities necessary or incidental to the reclamation of these operations.
				This term includes the term surface coal mining operations;
100. Surface mining activities means those
				surface coal mining and reclamation operations incident to the extraction of
				coal from the earth by removing the materials over a coal seam before
				recovering the coal, by auger coal mining, or by recovery of coal from a
				deposit that is not in its original geologic location;
101. Suspended solids or nonfilterable
				residue, expressed as milligrams per liter, means organic or inorganic
				materials, carried or held in suspension in water which are retained by a
				standard glass fiber filter in the procedure outlined by the Environmental
				Protection Agency's regulations for wastewater and analyses ( 40 CFR 136
				);
102. Temporary diversion means a
				diversion of a stream or overland flow which is used during coal exploration or
				surface coal mining and reclamation operations and not approved in the permit
				and plan to remain after reclamation as part of the approved post-mining land
				use;
103. Ton means two thousand
				pounds (2000 lbs.)
avoirdupois
(.90718 metric ton);
104. Topsoil means the A and E soil horizon
				layers of the four (4) master soil horizons;
105. Toxic-forming materials means earth
				materials or wastes which, if acted upon by air, water, weathering or
				microbiological processes, are likely to produce chemical or physical
				conditions in soils or water that are detrimental to biota or uses of
				water;
106. Toxic mine drainage
				means water that is discharged from active or abandoned mines or other areas
				affected by coal exploration or surface coal mining and reclamation operations,
				which contains a substance that through chemical action or physical effects is
				likely to kill, injure or impair biota commonly present in the area that might
				be exposed to it;
107. Underground
				development waste means waste rock mixtures of coal, shale, claystone,
				siltstone, sandstone, limestone or related materials that are excavated, moved
				and disposed of during development and preparation of areas incident to
				underground mining activities;
108.
				Underground mining activities means a combination of-
A. Surface operations incident to underground
				extraction of coal or
in situ
processing, such as
				construction, use, maintenance and reclamation of roads, above-ground repair
				areas, storage areas, processing areas, shipping areas, areas upon which are
				sited support facilities including hoist and ventilating ducts, areas utilized
				for the disposal and storage of waste, and areas on which materials incident to
				underground mining operations are placed; and
B. Underground operations such as underground
				construction, operation and reclamation of shafts, adits, underground support
				facilities,
in situ
processing and underground mining,
				hauling, storage and blasting;
109. Valley fill means a fill structure
				consisting of any material other than coal waste and organic material that is
				placed in a valley where side slopes of the existing valley measured at the
				steepest point are greater than twenty degrees (20°) or the average slope
				of the profile of the valley from the toe of the fill to the top of the fill is
				greater than ten degrees (10°); and
110. Water table means the upper surface of a
				zone of saturation, where the body of groundwater is not confined by an
				overlying impermeable zone.