10 CSR 40-4.020 - Auger Mining Requirements

PURPOSE: This amendment incorporates by reference the federal regulations that sets forth the requirements for auger mining pursuant to sections 444.810 and 444.855.2(9), RSMo.

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-auger mining requirements set forth in 30 CFR Part 785.20, 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.

(2) Undisturbed areas of coal shall be left in unmined sections which-

(A) Are a minimum of two hundred fifty feet (250') wide at any point between each group of auger openings to the full depth of the auger hole;

(B) Are no more than two thousand five hundred feet (2500') apart, measured from the center of one section to the center of the next section, unless a greater distance is set forth in the permit application under 10 CSR 40-6.060(5) and approved in the permit and plan; and

(C) Shall have, for multiple seam mining, a width of at least two hundred fifty feet (250') plus fifty feet (50') for each subjacent workable coal seam. The centers of all unmined sections shall be aligned vertically.

(3) No auger hole shall be made closer than five hundred feet (500') in horizontal distance to any abandoned or active underground mine workings, except as approved in accordance with 10 CSR 40-3.070 .

(4) In order to prevent pollution of surface and ground water and to reduce fire hazards, each auger hole, except as described in section (5) of this rule, shall be plugged so as to prevent the discharge of water from the hole and access of air to the coal as follows:

(A) Each auger hole discharging water containing toxic- or acid-forming material shall be plugged within seventy-two (72) hours after completion by backfilling and compacting noncombustible and impervious material into the hole to a depth sufficient to form a watertight seal or the discharge shall be treated commencing within seventy-two (72) hours after completion to meet applicable effluent limitations and water quality standards under 10 CSR 40-3.040(2), until the hole is properly sealed; and

(B) Each auger hole not discharging water shall be sealed as described in subsection (4)(A) of this rule to close the opening within thirty (30) days following completion.

(5) An auger hole need not be plugged if the commission or director finds-

(A) Impoundments of the water which would result from plugging the hole may create a hazard to the environment or public health or safety; and

(B) Drainage from the auger hole will not pose a threat of pollution to surface and ground water and will comply with the requirements of 10 CSR 40-3.040(1) and (2) .

(6) The permit and plan shall prohibit auger mining if it is determined that-

(A) Adverse water quality impacts cannot be prevented or corrected;

(B) Fill stability cannot be achieved;

(C) The prohibition is necessary to maximize the utilization, recoverability or conservation of the solid fuel resources; or

(D) Subsidence resulting from auger mining may disturb or damage powerlines, pipelines, buildings or other facilities.

Notes

10 CSR 40-4.020
AUTHORITY: section 444.530, RSMo Supp. 1999.* Original rule filed Oct. 12, 1979, effective 2/11/1980. Amended: Filed March 21, 2000, effective 10/30/2000. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.


No prior version found.