10 CSR 40-3.170 - Underground Operations

PURPOSE: This rule sets forth permanent performance requirements for underground coal mining in keeping with sections 444.810 and 444.890, RSMo incorporating by reference the appropriate federal regulations. This rule will amend 10 CSR 40-3.170, and supersede 10 CSR 40-3.180, 10 CSR 40-3.190, 10 CSR 40-3.200, 10 CSR 40-3.210, 10 CSR 40-3.220, 10 CSR 40-3.230, 10 CSR 40-3.240, 10 CSR 40-3.250, 10 CSR 40-3.260, 10 CSR 40-3.270, 10 CSR 40-3.280, 10 CSR 40-3.290, 10 CSR 40-3.300, and 10 CSR 40-3.310.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Permanent program performance standards-underground mining activities set forth in 30 CFR Part 817, as in effect on January 1, 2018, are incorporated by reference in this rule. Copies may be obtained by contacting the U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000 or online at https://www.gpo.gov. This rule does not incorporate any subsequent amendments or additions. Exceptions to 30 CFR Part 817 are modified as follows:
(A) Delete 30 CFR 817.10; and
(B) Delete 30 CFR 817.61(c)(1) and insert the following: (c) Blasters (1) All blasting operations shall be conducted under the direction of a blaster certified by the director.

(C) Be made of durable material; and

(D) Conform to local laws and regulations.

(2) Duration of Maintenance. Signs and markers shall be maintained during all activities to which they pertain.

(3) Mine and Permit Identification Signs.

(A) Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.

(B) Signs will show the name, business address, and telephone number of the person who conducts underground mining activities and the identification number of the current permit authorizing underground mining activities.

(C) Signs shall be retained and maintained until after the release of all bonds for the permit area.

(4) Perimeter Markers. Each person who conducts underground mining activities shall clearly mark the perimeter of all areas affected by surface operations or facilities before beginning mining activities.

(5) Bonded Area Markers. Where the permit area is bonded incrementally, the area bonded shall be clearly marked before the beginning of surface mining activities.

(6) Buffer Zone Markers. Buffer zones, as defined in 10 CSR 40-8.010(1)(A) 13, required by 10 CSR 40-3.200(17) shall be clearly marked to prevent disturbance by surface operations and facilities.

(7) Topsoil Markers. Where topsoil or other vegetation supporting material is segregated and stockpiled as required under 10 CSR 40-3.190(3), the stockpiled material shall be clearly marked.


10 CSR 40-3.170
AUTHORITY: section 444.810, RSMo 2000.* Original rule filed Aug. 8, 1980, effective Dec. 11 , 1980. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed Dec. 17, 2012, effective July 30, 2013. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority 1979, amended 1983, 1993, 1995.

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