Requirements for the Protection of Fish, Wildlife and Related Environmental Values and Protection Against Slides and Other Damage

PURPOSE: This rule sets forth the requirements for the protection of fish, wildlife and related environmental values and the protection against slides and other damage pursuant to sections 444.810 and 444.855.2(24), RSMo. Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state. Environmental Criteria for Electric Transmission System (USDI, USDA (1970)) and REA Bulletin 6110, Powerline Contacts by Eagles and Other Large Birds are incorporated by reference as they exist on the date of adoption of this rule. The entire text of this rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law. (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 reference, 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 403.040(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. (5) If fish and wildlife habitat is to be a primary or secondary postmining land use, the operator, in addition to the requirements of 10 CSR 40-3.120(1)–(7) shall— 1. Select plant species to be used on reclaimed areas, based on the following criteria: A. Their proven nutritional value for fish and wildlife; B. Their uses as cover for fish and wildlife; and C. Their ability to support and enhance fish and wildlife habitat after release of bonds; and 2. Distribute plant groupings to maximize benefit to fish and wildlife. Plants should be grouped and distributed in a manner which optimizes edge effect, cover and other benefits for fish and wildlife. (6) Where cropland is to be the alternative postmining land use on lands diverted from a fish and wildlife premining land use and where appropriate for wildlife and crop management practices, the reclaimed lands shall be interspersed with trees, hedges or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals. Wetlands shall be preserved or created rather than drained or otherwise permanently abolished. (7) Where the primary land use is to be residential, public service or industrial land use, reclaimed land shall be interspersed with greenbelts utilizing species of grass, shrubs and trees useful as food and cover for birds and small animals, unless the greenbelts are inconsistent with the approved postmining land use. (8) Stability Barriers. (A) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extending from the outslope for a distance as may be determined in the permit and plan as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion. (B) At any time a slide occurs, which may have a potential adverse effect on public property, health, safety or the environment, the person who conducts the surface mining activities shall notify the director by the fastest available means and comply with any remedial measures required in the permit and plan. AUTHORITY: sections 444.530 and 444.810, RSMo 1994.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Aug. 8, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed Sept. 15, 1988, effective Jan. 15, 1989. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Sept. 15, 1995, effective April 30, 1995. *Original authority: 444.530, RSMo 1971 amended 1983, 1990, 1993, 1995; and 444.810, RSMo 1979, amended 1983, 1993, 1995.