General Requirements for Permits, Permit Applications and Coal Exploration

PURPOSE: This rule sets forth requirements for permits, permit applications and coal exploration pursuant to sections 444.810, 444.815, 444.820, 444.835, 444.840 and 444.850, 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) Responsibilities. (A) Persons seeking to engage in surface coal mining and reclamation operations and coal exploration must submit an application for and obtain a permit for those operations in accordance with this chapter. (B) The commission or director will review each application for a permit, approve or disapprove each permit application or exploration application and issue, condition, suspend or revoke exploration approval, permits, renewals or revised permits as required. (C) All persons engaging in surface coal mining and reclamation operations and coal exploration under this permit shall comply with the terms and conditions of the permit and regulatory program. (2) Definitions. As used throughout this chapter, except where otherwise indicated— (A) Applicant means a person who seeks to obtain a permit under this chapter; (B) Application means the documents and other information filed with the director under this chapter for the issuance of a permit; (C) Complete application means an application for a permit, which contains all information required under this chapter; (D) General area means, with respect to hydrology, the topographic and groundwater basin surrounding a mine plan area which is of sufficient size, including areal extent and depth, to include one (1) or more watersheds containing perennial streams and groundwater zones and to allow assessment of the probable cumulative impacts on the quality and quantity of surface water and groundwater systems in the basins; (E) Owned or controlled and owns or controls means any one or a combination of the relationships specified in paragraphs (2)(E)1. and 2. of this definition— 1. Being a permittee of a surface coal mining operation, based on instruments of ownership or voting securities, owning of record in excess of fifty percent (50%) of an entity or having any other relationship which gives one (1) person authority directly or indirectly to determine the manner in which an applicant, an operator or other entity conducts surface coal mining operations; and 2. The following relationships are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption, in fact, does not have the authority, directly or indirectly, to determine the manner in which the relevant surface coal mining operation is conducted: A. Being an officer or director of an entity; B. Being the operator of a surface coal mining operation; C. Having the ability to commit the financial or real property assets or working resources of an entity; D. Being a general partner in a partnership; E. Based on the instruments of ownership or the voting securities of a corporate entity, owning of record ten percent through fifty percent (10%–50%) of the entity; or F. Owning or controlling coal to be mined by another person under a lease, sublease or other contract and having the right to receive the coal after mining or having authority to determine the manner in which that person or another person conducts a surface coal mining operation; (F) Principal shareholder means any person who is the record or beneficial owner of ten percent (10%) or more of any class of voting stock; (G) Property to be mined means both the surface and mineral estates on and underneath lands which are within the permit area; (H) Secretary is the Secretary of the Interior; and (I) Violation notice means any written notification from a governmental entity of a violation of law, whether by letter, memorandum, legal or administrative pleading or other written communication. (3) Coordination with Requirements Under Other Laws. The director, to avoid duplication, will coordinate the review and issuance of permits for surface coal mining and reclamation operations with— (A) Any other federal or state permit process applicable to those operations including, at a minimum, permits required under the following: 1. Clean Water Act (33 U.S.C. Section 1251); 2. Clean Air Act (42 U.S.C. Section 7401); and 3. Resource Conservation and Recovery Act (42 U.S.C. Section 3251); (B) The requirements of any water quality management plans which have been approved by the administrator of the United States Environmental Protection Agency under Sections 208 or 303(c), and (e) of the Clean Water Act, (33 U.S.C. Sections 1288, 1313(c), and (e)); and (C) The applicable requirements of the Endangered Species Act of 1973, (16 U.S.C. 1531–1543); the Fish and Wildlife Coordination Act, (16 U.S.C. 661–666c); the National Historic Preservation Act of 1966 (16 U.S.C. 470–47011); Executive Order 11593; the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469–469c); the Bald Eagle Protection Act (16 U.S.C. 668d); and the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703–712). (4) Except as otherwise provided for in this rule, on and after eight (8) months from the date on which the state program is approved by the secretary pursuant to 30 U.S.C. 1253 and published in the Federal Register, no person shall engage in or carry out any surface coal mining and reclamation operations unless that person shall have first obtained a valid permit pursuant to this chapter. (A) Initial Implementation. From September 28, 1979 until eight (8) months after approval of the state program, no person shall engage in or carry out any surface mining or reclamation operations unless that person shall first have obtained a permit pursuant to and complies with sections 444.500– 444.755, RSMo, as in existence prior to September 28, 1979. Any permit issued pursuant to these provisions shall continue in force and effect for the term of the permit or any revisions or renewals the permit, except as provided in paragraph (4)(A)1. of this rule. 1. No permit issued pursuant to sections 444.500–444.755, RSMo, as in existence prior to September 28, 1979, shall extend past eight (8) months from the date of approval of the state program, except as provided in subparagraph (4)(A)1.A. of this rule. A. If an application for a permit pursuant to this chapter is filed within two (2) months after the approval of the state program, the operation may conduct operations under a permit issued pursuant to sections 444.500–444.755, RSMo, until determination on the application has been made by the director under 10 CSR 40-6.070. (B) Filing Deadlines After Initial Implementation. 1. General. Each person who conducts or expects to conduct new surface coal mining and reclamation operations shall file a complete application for a permit for those operations allowing at a minimum of ninety (90) days for review of the application. 2. Renewal of valid permits. An application for renewal of a permit under 10 CSR 40-6.090(5) and (6) shall be filed at least one hundred twenty (120) days before the expiration of the permit involved. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended. 3. Revisions of permits. Any application for revision of a permit under 10 CSR 406.090(4) shall be filed within a time sufficient to allow for review of the application before the date on which the permittee expects to revise surface coal mining or reclamation operations. 4. Succession to rights granted under prior permits. Any application for a new permit required for a person succeeding by transfer, sale or assignment of rights granted under a permit shall be filed not later than thirty (30) days after that succession is approved by the commission. (5) Permit Applications—General Requirements for Format and Contents. (A) Applications for permits to conduct surface and underground coal mining and reclamation operations shall be filed in the format required by the director. The application shall be complete and include, at a minimum for surface mining activities, all applicable information required under 10 CSR 406.030–10 CSR 40-6.050 for underground mining activities, all applicable information required under 10 CSR 40-6.100–10 CSR 406.120, and for special types of surface and underground coal mining and reclamation operations, all the information required under (B) Information set forth in the application shall be current, presented clearly and concisely and supported by appropriate references to technical and other written material available to the commission and director. (C) With regard to technical information presented in the permit application— 1. All technical data submitted in the application shall be accompanied by the following: A. Names of persons or organizations which collected and analyzed the data; B. Dates of the collection and analyses; and C. Descriptions of methodology used to collect and analyze the data; and 2. Technical analyses shall be planned by or under the supervision of professionals qualified in the subject to be analyzed. (D) The application shall state the name, address and position of officials of each private or academic research organization or governmental agency consulted by the applicant in preparation of the application for information on the land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality and archeological, cultural and historic features. (E) Maps and Plans—General Requirements. 1. Maps submitted with applications shall be presented in a consolidated format, to the extent possible and shall include all the types of information that are set forth on topographic maps of the United States Geological Survey of the 1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or larger. Maps of the remainder of the mine plan area and the adjacent areas shall clearly show the lands and waters within those areas and be in a scale determined by the commission or director, but in no event smaller than 1:24,000. 2. All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the mine plan area. At a minimum, distinctions shall be clearly shown among those portions of the mine plan area in which surface coal mining operations occurred— A. Prior to August 3, 1977; B. After August 3, 1977 and prior to May 3, 1978; C. After May 3, 1978 and prior to the approval of the state regulatory program; D. After the date of approval of the state regulatory program and prior to the estimated date of issuance of the first permit under this rule; and E. After the estimated date of issuance of a permit by the commission or director. (6) Permit Fees. Each application for a surface coal mining and reclamation permit pursuant to a regulatory program shall be accompanied by a fee. (A) For new surface coal mining permits there shall be an initial fee of one hundred dollars ($100), plus an acreage fee of one hundred dollars ($100) for each acre or fraction of an acre of the permit area. For multiple year permits, the acreage fee shall be paid annually by dividing the total acres in the permit area by the number of years covered by the permit and multiplying that number by that year’s acreage fee, and, after the first year, there shall be an annual fee of one hundred dollars ($100). For the first year of any new permit, the first year’s fees shall be paid with the permit application. Afterwards and until the operator obtains the final liability release on all lands covered by the permit, the annual fee and acreage fee shall be paid as a condition to and prior to operating for that permit year. The acreage fee shall be paid only once on any given area, except in the case of a revocation; an allowance shall be given for any acreage fee previously paid for a permit under sections 444.500—444.755, RSMo, when the land was not disturbed under the permit. (B) For permit renewal, there shall be a basic fee of one hundred dollars ($100) for each year of renewal, to be paid annually. (C) For permit revision, there shall be a basic application fee of one hundred dollars ($100). (D) For application of a successor to a permit, there shall be a basic fee of one hundred dollars ($100). (E) For coal exploration permits there shall be an application fee of one hundred dollars ($100). (F) For surface effects of underground mining, there shall be a fee determined as in subsection (6)(A) of this rule. (G) For reinstatement of a permit after suspension, there shall be a fee of one hundred dollars ($100). (H) Any land disturbed subsequent to revocation of a permit which included this land shall require a new permit application and fees paid as determined in subsection (6)(A) of this rule. (7) Verification of Application. Applications for permits shall be verified under oath by a responsible official of the applicant that the information contained in the application is true and correct to the best of the official’s information and belief. AUTHORITY: sections 444.530 and 444.810, RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed April 14, 1980, effective Aug. 11, 1980. Amended: Filed May 12, 1980, effective Sept. 12, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed June 2, 1987, effective Aug. 27, 1987. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.