General Requirements for Coal Exploration, Permits

PURPOSE: This rule sets forth the requirements for coal exploration permits pursuant to 444.810 and 444.845, RSMo. (1) Responsibilities. (A) It is the responsibility of any person conducting or seeking to conduct coal exploration to comply with the requirements of this rule. (B) The commission or director will receive applications for permits to explore, approve or disapprove the applications and issue, condition, suspend, revoke, or enforce permits as required. (2) Permit Requirements for Exploration Removing Two Hundred Fifty (250) Tons of Coal or Less. (A) Any person who intends to conduct coal exploration operations during which two hundred fifty (250) tons or less of coal will be removed and which will not substantially disturb the natural land surface, before conducting the exploration, shall file with the director an application to remove two hundred fifty (250) tons or less. This type of permit is intended specifically for drilling operations. (B) The application shall be submitted on a form provided by the director and shall include: 1. The name, address, and telephone number of the person seeking to explore; 2. The name, address, and telephone number of the person’s representative who will be present at, and responsible for, conducting the exploration activities; 3. A narrative describing the proposed exploration area or a map at a scale of 1:24,000 or greater showing the proposed area of exploration and the general location of drill holes and trenches, existing and proposed roads, occupied dwellings, topographic features, bodies of surface water, and pipelines; 4. A statement of the period of intended exploration (not to exceed twelve- (12-) consecutive calendar months for a given notice); and 5. A description of the method of exploration to be used and the practices that will be followed to protect the environment and to reclaim the area from adverse impacts of the exploration activities in accordance with the applicable requirements of 10 CSR 404.010(3). (3) Permit requirements for exploration removing more than two hundred fifty (250) tons of coal or where exploration will substantially disturb the natural land surface. (A) Exploration Permit. Any person who intends to conduct coal exploration during which more than two hundred fifty (250) tons of coal will be removed, or where exploration will substantially disturb the natural land surface or which will take place on lands designated as unsuitable for surface mining under 10 CSR 40-5.020, before conducting the exploration, shall submit an application on a form provided by the director and obtain written approval from the commission. Exploration permits shall not be approved for more than five thousand (5000) tons, unless otherwise approved by the commission for good cause shown. (B) Application Information. Each application for an exploration permit shall contain, at a minimum, the following information: 1. The name, address, and telephone number of the applicant; 2. The name, address, and telephone number of the applicant’s representative who will be present at, and responsible for, conducting the exploration activities; 3. A narrative describing the proposed exploration area; 4. A narrative description of the methods and equipment to be used to conduct the exploration and reclamation; 5. An estimated timetable for conducting and completing each phase of the exploration and reclamation; 6. The estimated amount of coal to be removed and a description of the methods to be used to determine the amount; 7. A statement of why extraction of more than two hundred fifty (250) tons of coal is necessary for exploration; 8. A description of— A. The cultural or historical resources listed on the National Register of Historic Places; B. The cultural or historical resources known to be eligible for listing on the National Register of Historic Places; C. Known archaeological resources located within the proposed exploration area; and D. Any other information that the director may require regarding known or unknown historic or archaeological resources; 9. A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531–1543) identified within the proposed exploration area; 10. A description of the measures to be used to comply with the applicable requirements of 10 CSR 40-4.010(3); 11. The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored; 12. A map(s) at a scale of 1:24,000 or larger showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531–1543); 13. If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation; and 14. For any lands listed in 10 CSR 405.010(2), a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of 10 CSR 40-5.010(2), and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 10 CSR 40-5.010(2). and Reclamation Operations and Coal Exploration (C) Public Notice and Opportunity to Comment. Public notice of the application and opportunity to comment shall be provided as follows: 1. Within ten (10) days of notification from the director that an application is considered administratively complete, the applicant shall provide public notice in a newspaper of general circulation in the county of the proposed exploration area; 2. The public notice shall state the name and address of the person seeking approval, the filing date of the application, the address of the director where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration; and 3. Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within thirty (30) days of the newspaper advertisement. (D) Decisions on Applications for Exploration Removing More Than Two Hundred Fifty (250) Tons of Coal. 1. The commission shall act upon an administratively complete application for a coal exploration permit and any written comments within a reasonable period of time. The approval of a coal exploration permit may be based only on a complete and accurate application. 2. The commission shall approve a complete and accurate application for a coal exploration permit filed in accordance with this rule if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application will— A. Be conducted in accordance with this rule, 10 CSR 40-4.010, and the applicable provisions of the director or commission; B. Not jeopardize the continued existence of an endangered or threatened species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) or result in the destruction or adverse modification of critical habitat of those species; C. Not adversely affect any cultural or historical resources listed on the National Register of Historic Places, pursuant to the National Historic Preservation Act, (16 U.S.C. Section 470, 1976, Supp. V), unless the proposed exploration has been approved by both the director or commission and the agency with jurisdiction over those matters; and D. With respect to exploration activities on any lands protected under 10 CSR 405.010(2), minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the commission or director shall provide reasonable opportunity to the owner of the feature causing the land to come under the protection of 10 CSR 40-5.010(2), and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 10 CSR 40-5.010(2), to comment on whether the finding is appropriate. 3. Terms of approval issued by the commission shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this rule, 10 CSR 40-4.010, and any other requirement of the director or commission. (E) Notice and Hearing. 1. The director or commission shall notify the applicant, the appropriate local government officials, and other commenters on the application, in writing, of the commission’s decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the director or commission at a public office in the vicinity of the proposed exploration operations. 2. Any person having an interest which is or may be adversely affected by a decision of the commission pursuant to paragraph (3)(E)1. of this rule shall have the opportunity for administrative and judicial review as set forth in 10 CSR 40-6.080. (4) Coal Exploration Compliance Duties. (A) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with the coal exploration requirements of this rule, 10 CSR 40-4.010, and any exploration permit term or condition imposed by the director or commission. (B) Any person who conducts any coal exploration in violation of the provisions of 10 CSR 40-4.010, or any exploration permit term or condition imposed by the director or commission shall be subject to the provisions of 10 CSR 40-8.030 and 10 CSR 40-8.040. (5) Requirements for Commercial Use or Sale. Except as provided in this section, any person who extracts coal for commercial use or sale during coal exploration operations shall obtain a surface coal mining and reclamation operations permit for those operations from the director under 10 CSR 40-6.010 and 10 CSR 40-6.030 through 10 CSR 40-6.120. No surface coal mining and reclamation operations permit is required if the director or commission makes a prior written determination that the commercial use or sale is to test for coal properties necessary for the development of surface coal mining and reclamation operations for which a permit application is to be submitted at a later time. The person conducting the exploration shall file an application for such determination with the director or commission. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following: (A) The name of the testing firm and the locations at which the coal will be tested: (B) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user or, if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include: 1. The specific reason for the test, including why the coal may be so different from the intended user’s other coal supplies as to require testing; 2. The amount of coal necessary for the test and why a lesser amount is not sufficient; and 3. A description of the specific tests that will be conducted; (C) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of a user identified previously, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve; and (D) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal, the feasibility of developing a surface coal mining operation, or both. (6) Public Availability of Information. (A) Except as provided in subsection (6)(B) of this rule, all information submitted to the director or commission under this section shall be made available for public inspection and copying. (B) The director or commission shall keep information confidential if the person submitting it requests, in writing at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the persons intending to conduct coal exploration. (C) Information requested to be held as confidential under subsection (6)(B) shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information. (7) Bonding for Coal Exploration Permits. (A) Permits for exploration where two hundred fifty (250) tons of coal or less will be removed shall be bonded at the rate of five thousand dollars ($5,000) per permit. Bonds shall be of the type allowed in 10 CSR 407.011(6). (B) Permits for exploration where more than two hundred fifty (250) tons of coal will be removed or where exploration will substantially disturb the natural land surface shall be bonded at a rate sufficient to complete reclamation if the work has to be performed by the commission in the event of forfeiture. (C) Exploration activities shall not commence until the bond has been accepted in writing by the director. (8) Bond Release for Coal Exploration Permits. Applications for bond release may be made to the commission when an area qualifies for release. An exploration area shall qualify for bond release when the area is successfully reclaimed in accordance with the approved reclamation plan. Partial bond releases may be approved by the commission as long as the remaining bond is sufficient to complete reclamation if the remaining work has to be performed by the commission in the event of forfeiture. AUTHORITY: section 444.530, RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Nov. 10, 1980, effective Feb. 11, 1981. Rescinded and readopted: Filed Aug. 4, 1987, effective Nov. 23, 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. Amended: Filed Dec. 17, 2012, effective July 30, 2013. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.