Coal Exploration Requirements

PURPOSE: This rule sets forth the requirements for conducting coal exploration activities pursuant to 444.810 and 444.845, 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 material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law. (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 403.140(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 403.040(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. AUTHORITY: section 444.530, RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed March 21, 2000, effective Oct. 30, 2000. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.