PURPOSE: This rule sets forth the requirements for
the protection offish, wildlife and related environmental values and the
protection against slides and other damage pursuant to sections
(1) Any person conducting surface mining
activities, to the extent possible using the best technology currently
available, shall minimize disturbances and adverse impacts of the activities on
fish, wildlife and related environmental values and achieve enhancement of
these resources where practicable.
Endangered and Threatened Species. No
surface mining activity shall be conducted which is likely to jeopardize the
continued existence of endangered or threatened species listed by the Missouri
Department of Conservation and the United States Fish and Wildlife Service or
which is likely to result in the destruction or adverse modification of
designated critical habitats of the species in violation of the Endangered
Species Act (
). A person who conducts surface
mining activities promptly shall report to the director the presence in the
permit area of any critical habitat of a threatened or endangered species
listed by the secretary of the interior, any plant or animal listed as
threatened or endangered by the state, or any bald or golden eagle of which
that person becomes aware and which was not previously reported to the director
by that person. Upon notification, the director shall consult with the Missouri
Department of Conservation and the United States Fish and Wildlife Service and,
after consultation, shall identify whether and under what conditions the
operator may proceed.
who conducts surface mining activities shall ensure that the design and
construction of electric power lines and other transmission facilities used for
or incidental to the surface mining activities on the permit area are in
accordance with the guidelines set forth in Environmental Criteria for
Transmission System (USDI, USDA (1970)),
incorporated by reference, or in alternative guidance manuals approved in the
permit and plan. Distribution lines shall be designed and constructed in
accordance with REA Bulletin 61-10, Powerline Contacts by Eagles and
Other Large Birds, incorporated by refer-ence, or in alternative
guidance manuals approved in the permit and plan.
To the extent possible using the best
technology currently available, each person who conducts surface mining
(A) Locate and operate haul
and access roads so as to avoid or minimize impacts to important fish and
wildlife species or other species protected by state or federal law;
(B) Fence roadways where specified in the
permit and plan to guide locally important wildlife to roadway underpasses or
overpasses and construct the necessary passages. No new barrier shall be
created in known and important wildlife migration routes;
(C) Fence, cover or use other appropriate
methods to exclude wildlife from ponds which contain hazardous concentrations
of toxic-forming materials;
Restore, enhance where practicable or avoid disturbance to habitats of
unusually high value for fish and wildlife;
(E) Restore, enhance where practicable or
maintain natural riparian vegetation on the banks of streams, lakes and other
(G) Not use persistent pesticides on the area
during surface mining and reclamation activities unless approved in the permit
and plan; and
(H) Prevent, control
and suppress, to the extent possible, range, forest and coal fires which are
not approved in the permit and plan as part of a management plan.
If fish and wildlife habitat
is to be a primary or secondary postmining land use, the operator, in addition
to the requirements of
Select plant species to be used on
reclaimed areas, based on the following criteria:
A. Their proven nutritional value for fish
B. Their uses as
cover for fish and wildlife; and
Their ability to support and enhance fish and wildlife habitat after release of
plant groupings to maximize benefit to fish and wildlife. Plants should be
grouped and distributed in a manner which optimizes edge effect, cover and
other benefits for fish and wildlife.
(6) Where cropland is to be the alternative
postmining land use on lands diverted from a fish and wildlife premining land
use and where appropriate for wildlife and crop management practices, the
reclaimed lands shall be interspersed with trees, hedges or fence rows
throughout the harvested area to break up large blocks of monoculture and to
diversify habitat types for birds and other animals. Wetlands shall be
preserved or created rather than drained or otherwise permanently
(7) Where the primary
land use is to be residential, public service or industrial land use, reclaimed
land shall be interspersed with greenbelts utilizing species of grass, shrubs
and trees useful as food and cover for birds and small animals, unless the
greenbelts are inconsistent with the approved postmining land use.
(A) An undisturbed natural barrier shall be
provided beginning at the elevation of the lowest coal seam to be mined and
extending from the outslope for a distance as may be determined in the permit
and plan as is needed to assure stability. The barrier shall be retained in
place to prevent slides and erosion.
(B) At any time a slide occurs, which may
have a potential adverse effect on public property, health, safety or the
environment, the person who conducts the surface mining activities shall notify
the director by the fastest available means and comply with any remedial
measures required in the permit and plan.
10 CSR 40-3.100
RSMo 1994.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980.
Amended: Filed Aug. 8, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 15,
1987, effective April 1, 1988. Amended: Filed Sept. 15, 1988, effective Jan.
15, 1989. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed
Sept. 15, 1995, effective April 30, 1995.
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 rule has been filed with the secretary of state.
Environmental Criteria for Electric Transmission System (USDI, USDA (1970)) and
REA Bulletin 61- 10, Powerline Contacts by Eagles and Other Large Birds are
incorporated by reference as they exist on the date of adoption of this rule.
The entire text of this rule may be found at the headquarters of the agency and
is available to any interested person at a cost established by state
*Original authority: 444.530, RSMo 1971 amended 1983, 1990,
1993, 1995; and 444.810, RSMo 1979, amended 1983, 1993,