PURPOSE: This rule sets forth the requirements for
topsoil removal, storage and redistribution pursuant to sections
(A) Topsoil and subsoils to be
saved under section (2) of this rule shall be separately removed and segregated
from other material.
removal, topsoil shall either be immediately redistributed as required under
section (4) of this rule or stockpiled pending redistribution as required under
section (3) of this rule.
Topsoil and subsoils to be saved under section (2) of this rule shall be
removed twenty-five feet (25') in advance of mining unless otherwise stated in
(A) Timing. Topsoil shall be removed
after vegetative cover that would interfere with the use of the topsoil is
cleared from the areas to be disturbed, but before any drilling, blasting,
mining or other surface disturbance identified and approved in the permit and
(B) Materials to be Removed.
All topsoil shall be removed in a separate layer from the areas to be
disturbed, unless use of substitute or supplemental materials is approved in
the permit and plan in accordance with subsection (2)(E) of this rule. If use
of substitute or supplemental materials is approved, all materials to be
redistributed shall be removed.
Materials to be Removed in Thin Topsoil Situations. If the topsoil is less than
six inches (6"), a six-inch (6") layer that includes the A horizon and the
unconsolidat-ed materials immediately below the A horizon or the A horizon and
all unconsolidated material if the total available is less than six inches (6")
shall be removed and the mixture segregated and redistributed as the surface
soil layer, unless topsoil substitutes are approved in the permit and plan
pursuant to subsection (2)(E) of this rule.
(D) Subsoil Segregation. The B horizon and
portions of the C horizon, or other underlying layers demonstrated to have
qualities for comparable root development shall be segregated and replaced as
subsoil, if the permit and plan requires that either of these is necessary or
desirable to ensure soil productivity consistent with the approved post-mining
materials may be substituted for or used as a supplement to topsoil, if in the
permit and the plan it is determined that the resulting soil medium is equal to
or more suitable for sustaining revegetation than is the available topsoil and
the substitute material is the best available to support revegetation. This
determination shall be based on-
results of chemical and physical analyses of overburden and topsoil. These
analyses shall include determinations of pH, net acidity or alkalinity,
phosphorus, potassium, texture class and other analyses as required in the
permit and plan. It may also be required in the permit and plan that results of
field-site trials or greenhouse tests be used to demonstrate the feasibility of
using these overburden materials; and
Results of analyses, trials and tests
submitted to the director
. Certification of trials and tests shall be made by a
laboratory approved by the commission
or director, stating that the-
(I) Proposed substitute material is equal to
or more suitable for sustaining the vegetation than is the available
(II) Substitute material
is the best available material to support the vegetation; and
(III) Trials and tests were conducted using
standard testing procedures.
2. Substituted or supplemental material shall
be removed, segregated and replaced in compliance with the requirements for
topsoil under this section.
Limits on Topsoil
Removal Area. These
limits shall be addressed and approved as required to meet
. Where the removal of vegetative
or other materials may result in erosion which may cause air
1. The size of the area
from which top-soil is removed at any one time shall be limited;
2. The surface soil layer shall be
redistributed at a time when the physical and chemical properties of topsoil
can be protected and erosion can be minimized; and
3. Other measures shall be taken as approved
or required in the permit and plan to control erosion.
(A) Topsoil and other materials removed under
section (2) of this rule shall be stockpiled only when it is impractical to
promptly redistribute this material on regraded areas.
Stockpiled material shall be selectively
placed on a stable area within the permit
area, not disturbed and protected
from wind and water
erosion, unnecessary compaction
and contaminants which
lessen the capability of the materials to support vegetation when
Protection measures shall
be accomplished either by-
A. An effective
cover of nonnoxious quickgrowing annual and perennial plants, seeded or planted
during the first normal period after removal for favorable planting conditions;
B. Other methods demonstrated in
and approved in the permit and plan to provide equal protection.
2. Unless approved in the permit
and plan, stockpiled topsoil and other materials shall not be moved until
required for redistribution on a regraded area.
(A) After final grading and before the
replacement of topsoil and other materials segregated in accordance with
section (3) of this rule, regraded land shall be scarified or otherwise treated
as required in the permit and plan to eliminate slippage surfaces and to
promote root penetration. If the person who conducts the surface mining
activities shows through appropriate tests, and the commission or director
approves, that no harm will be caused to the topsoil and vegetation,
scarification may be conducted after topsoiling.
and other material shall be
redistributed in a manner that-
an approximate uniform, stable thickness consistent with the approved
postmining land uses, contours and surface water drainage system;
2. Prevents excess compaction and/or
contamination of the topsoil; and
3. Protects the topsoil from wind and water
erosion before and after it is seeded and planted.
Nutrients and Soil
Amendments. Nutrients and soil amendments in the amounts determined by soil
tests shall be applied to the redistributed surface soil layer, so that it
supports the approved postmining land use
and meets the revegetation
. All soil tests shall be performed by a
qualified laboratory using standard methods approved in the permit
10 CSR 40-3.030
RSMo 1994.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980.
Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Sept. 15,
1994, effective April 30, 1995. "Original authority 1971, amended 1983, 1990,