Requirements for Coal Recovery, Land Reclamation and Cessation of Operations

PURPOSE: This rule sets forth requirements for coal recovery, contemporaneous land reclamation and temporary and permanent cessation of surface mining activities pursuant to section 444.810, RSMo. (1) Coal Recovery. Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the Surface Coal Mining and Related Activities future through surface coal mining operations is minimized. (2) Contemporaneous Reclamation. Reclama - tion efforts, including, but not limited to, backfilling, grading, topsoil replacement and revegetation, of all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations. (3) Cessation of Operations—Temporary. (A) Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his/her obligation to comply with any provisions of the approved permit. (B) Before temporary cessation of mining and reclamation operations for a period of thirty (30) days or more, or as soon as it is known that a temporary cessation will extend beyond thirty (30) days, persons who conduct surface mining activities shall submit to the director a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished and identification of the backfilling, regrading, revegetation, environmental monitoring and water treatment activities that will continue during the temporary cessation. (4) Cessation of Operations—Permanent. (A) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and the approved permit and plan. (B) All underground openings, equipment, structures or other facilities not required for monitoring, unless approved in the permit and plan as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed. AUTHORITY: section 444.530, RSMo 1994.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. *Original authority 1979, amended 1983, 1990, 1993.