10 CSR 40-4.030 - Operations on Prime Farmland
PURPOSE: This rule outlines the procedure for surface coal mining and reclamation on prime farmland pursuant to 444.810 and 444.855, RSMo
(1) Special
Requirements. Surface coal mining and reclamation operations conducted on prime
farmland shall have a permit for those operations obtained under
10
CSR 40-6.060(4).
(2) Scope and Purpose. This rule sets forth
special environmental protection, performance, reclamation and design standards
for surface coal mining and reclamation operations on prime farmland.
(3) Responsibilities.
(A) The United States Natural Resources
Conservation Service within each state is responsible for establishment of
specifications for prime farmland soil removal, storage, replacement and
reconstruction.
(B) The Land
Reclamation Commission shall use the soil reconstruction specifications of
subsection (3)(A) of this rule to carry out its responsibilities under
10
CSR 40-6.060(4)
and 10 CSR 40-7.
(4) Applicability. The requirements of this
rule shall not apply to-
(A) Coal preparation
plants, support facilities, and roads of underground mines that are actively
used over extended periods of time and where such uses affect a minimal amount
of land. Such uses shall meet the requirements of 10 CSR 40-3.
(B) Disposal areas containing coal mine waste
resulting from underground mines that is not technologically and economically
feasible to store in underground mines or on non-prime farmland. The operator
shall minimize the area of prime farmland used for such purposes.
(C) Prime farmland that has been excluded in
accordance with
10
CSR 40-6.060(4)(A).
(5) Soil Removal and Stockpiling.
(A) Prime farmland soils shall be removed
from the areas to be disturbed before drilling, blasting or mining.
(B) The minimum depth of soil and soil
materials to be removed and stored for use in the reconstruction of prime
farmland shall be sufficient to meet the requirements of subsection
(6)(B).
(C) Soil removal and
stockpiling operations on prime farmland shall be conducted to-
1. Separately remove the topsoil or remove
other suitable soil materials where these other soil materials will create a
final soil having a greater productive capacity than that which existed prior
to mining. If not utilized immediately, this material shall be placed in
stockpiles separate from the spoil and all other excavated materials;
and
2. Separately remove the B or C
horizon or other suitable soil material to provide the thickness of suitable
soil required by subsection (6)(B). If not utilized immediately, each horizon
or other material shall be stockpiled separately from the spoil and all other
excavated materials. Where combinations of the soil materials created by mixing
have been shown to be equally or more favorable for plant growth than the B
horizon, separate handling is not necessary.
(D) Stockpiles shall be placed within the
permit area where they will not be disturbed or be subject to excessive
erosion. If left in place for more than thirty (30) days, stockpiles shall meet
the requirements of
10
CSR 40-3.030(3) or
10
CSR 40-3.190(3).
(6) Soil Replacement.
(A) Soil reconstruction specifications
established by the United States Natural Resources Conservation Service shall
be based upon the standards of the National Cooperative Soil Survey and shall
include, as a minimum, physical and chemical characteristics of reconstructed
soils and soil descriptions containing soil horizon depths, soil densities,
soil pH and other specifications so that reconstructed soils will have the
capability of achieving levels of yield equal to, or higher than, those of
nonmined prime farmland in the surrounding area.
(B) The minimum depth of soil and substitute
soil material to be reconstructed shall be forty-eight inches (48") or a lesser
depth equal to the depth to a subsurface horizon in the natural soil that
inhibits or prevents root penetration or a greater depth if determined
necessary to restore the original soil productive capacity. Soil horizons shall
be considered as inhibiting or preventing root penetration if their physical or
chemical properties or water-supplying capacities cause them to restrict or
prevent penetration by roots of plants common to the vicinity of the permit
area and if these properties or capacities have little or no beneficial effect
on soil productive capacity.
(C)
The operator shall replace and regrade the soil horizons or other root zone
material with proper compaction and uniform depth.
(D) The operator shall replace the B horizon,
C horizon or other suitable material specified in section (5) to the thickness
needed to meet the requirements of subsection(6)(B) of this rule.
(E) The operator shall replace the topsoil or
other suitable soil materials specified in section (5) as the final surface
soil layer. This surface soil layer shall equal or exceed the thickness of the
original surface soil layer, as determined by the soil survey.
(F) The operator shall assure that nutrients
and soil amendments are applied as approved in the permit and plan. The
application rates shall be both sufficient to quickly establish vegetative
growth prior to proving vegetative productivity and also during the phase III
bond release period to insure that desired levels of productivity are
attained.
(7)
Revegetation and Restoration of Soil Productivity.
(A) Following prime farmland soil
replacement, the soil surface shall be established with a vegetative cover or
other means that effectively controls soil loss by wind and water
erosion.
(B) Prime farmland soil
productivity shall be restored in accordance with the following provisions:
1. Measurements of soil productivity shall be
initiated in accordance with
10 CSR
40-3.120;
2. Soil productivity shall be measured on a
representative sample or on all of the mined and reclaimed prime farmland area
using the crops determined under paragraph (7)(B)6. of this rule. A
statistically valid sampling technique at a ninety percent (90%) or greater
statistical confidence level shall be used as approved by the Land Reclamation
Commission in consultation with the United States Natural Resources
Conservation Service;
3. The
measurement period for determining average annual crop production (yield) shall
be a minimum of three (3)-crop years prior to release of the operator's Phase
III liability. These three (3) years need not be consecutive but must be within
the five (5)-year Phase III liability period;
4. The level of management applied during the
measurement period shall be the same as the level of management used on
nonmined prime farmland in the surrounding area;
5. Restoration of soil productivity shall be
considered achieved when the average yield during the measurement period equals
or exceeds the average yield of the crop established for the same period of
nonmined soils of the same or similar texture or slope phase of the soil series
in the reference area under equivalent management practices;
6. The reference crop on which restoration of
soil productivity is proven shall be selected from the crops most commonly
produced on the surrounding prime farmland. Where row crops are the dominant
crops grown on prime farmland in the area, the row crop requiring the greatest
rooting depth shall be chosen as one (1) of the reference crops for one (1) of
the three (3) years. If hay is the most commonly grown crop, then the second
most commonly grown crop will be used. In the other two (2) years, other
commonly grown crops on prime farmland within the county will be
used;
7. Under the procedure in
subsection (7)(B) of this rule, the crop yield may be adjusted, with the
concurrence of the United States Natural Resources Conservation Service and
approval of the director, for-
A. Disease,
pest- and weather-induced seasonal variations; or
B. Difference in specific management
practices where the overall management practices of the crops being compared
are equivalent; and
8.
Plans for proving Phase III bond release on prime farmlands, including crops to
be grown and location of test plots, must be approved in advance by the
director.
Notes
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 material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the head- quarters of the agency and is available to any interested person at a cost established by state law.
*Original authority: 444.810, RSMo 1979, amended 1983, 1993, 1995.
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