Operations on Prime Farmland

PURPOSE: This rule outlines the procedure for surface coal mining and reclamation on prime farmland pursuant to 444.810 and 444.855, 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) Special Requirements. Surface coal mining and reclamation operations conducted on prime farmland shall have a permit for those operations obtained under 10 CSR 406.060(4). (2) Scope and Purpose. This rule sets forth special environmental protection, performance, reclamation and design standards for surface coal mining and reclamation operations on prime farmland. (3) Responsibilities. (A) The United States Natural Resources Conservation Service within each state is responsible for establishment of specifications for prime farmland soil removal, storage, replacement and reconstruction. (B) The Land Reclamation Commission shall use the soil reconstruction specifications of subsection (3)(A) of this rule to carry out its responsibilities under 10 CSR 40-6.060(4) and 10 CSR 40-7. (4) Applicability. The requirements of this rule shall not apply to— (A) Coal preparation plants, support facilities, and roads of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of 10 CSR 40-3. (B) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non-prime farmland. The operator shall minimize the area of prime farmland used for such purposes. (C) Prime farmland that has been excluded in accordance with 10 CSR 40-6.060(4)(A). (5) Soil Removal and Stockpiling. (A) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting or mining. (B) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of subsection (6)(B). (C) Soil removal and stockpiling operations on prime farmland shall be conducted to— 1. Separately remove the topsoil or remove other suitable soil materials where these other soil materials will create a final soil having a greater productive capacity than that which existed prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials; and 2. Separately remove the B or C horizon or other suitable soil material to provide the thickness of suitable soil required by subsection (6)(B). If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of the soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary. (D) Stockpiles shall be placed within the permit area where they will not be disturbed or be subject to excessive erosion. If left in place for more than thirty (30) days, stockpiles shall meet the requirements of 10 CSR 40-3.030(3) or 10 CSR 40-3.190(3). (6) Soil Replacement. (A) Soil reconstruction specifications established by the United States Natural Resources Conservation Service shall be based upon the standards of the National Cooperative Soil Survey and shall include, as a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil horizon depths, soil densities, soil pH and other specifications so that reconstructed soils will have the capability of achieving levels of yield equal to, or higher than, those of nonmined prime farmland in the surrounding area. (B) The minimum depth of soil and substitute soil material to be reconstructed shall be forty-eight inches (48") or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity. (C) The operator shall replace and regrade the soil horizons or other root zone material with proper compaction and uniform depth. (D) The operator shall replace the B horizon, C horizon or other suitable material specified in section (5) to the thickness needed to meet the requirements of subsection (6)(B) of this rule. (E) The operator shall replace the topsoil or other suitable soil materials specified in section (5) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey. (F) The operator shall assure that nutrients and soil amendments are applied as approved in the permit and plan. The application rates shall be both sufficient to quickly establish vegetative growth prior to proving vegetative productivity and also during the phase III bond release period to insure that desired levels of productivity are attained. (7) Revegetation and Restoration of Soil Productivity. (A) Following prime farmland soil replacement, the soil surface shall be established with a vegetative cover or other means that effectively controls soil loss by wind and water erosion. (B) Prime farmland soil productivity shall be restored in accordance with the following provisions: 1. Measurements of soil productivity shall be initiated in accordance with 10 CSR 40-3.120; 2. Soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the crops determined under paragraph (7)(B)6. of this rule. A statistically valid sampling technique at a ninety percent (90%) or greater statistical confidence level shall be used as approved by the Land Reclamation Commission in consultation with the United States Natural Resources Conservation Service; 3. The measurement period for determining average annual crop production (yield) shall be a minimum of three (3)-crop years prior to release of the operator’s Phase III liability. These three (3) years need not be consecutive but must be within the five (5)- year Phase III liability period; 4. The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area; 5. Restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the crop established for the same period of nonmined soils of the same or similar texture or slope phase of the soil series in the reference area under equivalent management practices; 6. The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one (1) of the reference crops for one (1) of the three (3) years. If hay is the most commonly grown crop, then the second most commonly grown crop will be used. In the other two (2) years, other commonly grown crops on prime farmland within the county will be used; 7. Under the procedure in subsection (7)(B) of this rule, the crop yield may be adjusted, with the concurrence of the United States Natural Resources Conservation Service and approval of the director, for— A. Disease, pest- and weather-induced seasonal variations; or B. Difference in specific management practices where the overall management practices of the crops being compared are equivalent; and 8. Plans for proving Phase III bond release on prime farmlands, including crops to be grown and location of test plots, must be approved in advance by the director. AUTHORITY: section 444.810, RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed Dec. 9, 1982, effective April 11, 1983. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed June 2, 1988, effective Aug. 25, 1988. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed March 21, 2000, effective Oct. 30, 2000. *Original authority: 444.810, RSMo 1979, amended 1983, 1993, 1995.