Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction

PURPOSE: This rule sets forth exemptions for coal extraction incident to governmentfinanced highway or other construction pursuant to section 444.810, RSMo. (1) General. Any person conducting coal extraction as an incidental part of government-financed construction is responsible for possessing, on the site of the extraction operation, the documentation required. (2) Definitions. As used in this rule, the following terms have the specified meaning: (A) Extraction of coal as an incidental part means the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of this rule, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the regulatory program; (B) Governmental financing agency means a federal, state, county, municipal or local unit of government or a department, bureau, agency or office of the unit which, indirectly or through another unit of government, finances construction; and (C) Government-financed construction means construction funded fifty percent (50%) or more by funds appropriated from a government financing agency’s budget or obtained from general revenue bonds. Funding at less than fifty percent (50%) may qualify if the construction is undertaken as an approved reclamation project under Title IV of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq. Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds, or their equivalent, or in-kind payments does not qualify as governmentfinanced construction. (3) Applicability. (A) Coal extraction which is an incidental part of government-financed construction is exempt from the regulatory program. (B) Any person who conducts or intends to conduct coal extraction which does not satisfy subsection (3)(A) of this rule shall not proceed until a permit has been obtained. (4) Information to be Maintained On-Site. Any person extracting coal incident to government-financed highway or other construction who extracts more than two hundred fifty (250) tons of coal or affects more than two (2) acres shall maintain, on the site of the extraction operation and available for inspection, documents which show— (A) A description of the construction project; (B) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and (C) The governmental agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the governmental financing. AUTHORITY: sections 444.530 and 444.810, RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Dec. 17, 2012, effective July 30, 2013. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995 and 444.810, RSMo 1979, amended 1983, 1993, 1995.