10 CSR 40-4.040 - Operations on Steep Slopes

PURPOSE: This amendment incorporates by reference the federal regulations that sets forth the requirements for steep slopes pursuant to sections 444.810 and 444.855.4., 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-steep slope mining requirements set forth in 30 CFR Part 785.15 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.

(A) Any surface coal mining and reclamation operations on steep slopes shall meet the requirements of this rule.

(B) The standards of this rule do not apply to mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominately flat area.

(2) Performance Standards. Surface coal mining and reclamation operations subject to this rule shall comply with the requirements of 10 CSR 40-6 and, except to the extent a variance is approved under section (3) of this rule, the following:

(A) Materials Prevented on the Downslope.

1. The person engaged in surface coal mining and reclamation operations shall prevent the following materials from being placed or allowed to remain on the downslope:

A. Spoil;

B. Waste materials, including waste mineral matter;

C. Debris, including that from clearing and grubbing of haul road construction; and

D. Abandoned or disabled equipment.

2. Nothing in this subsection shall prohibit the placement of material in road embankments located on the downslope, so long as the material used and embankment design comply with the requirements of 10 CSR 40-3.140(1)-(22) or 10 CSR 40-3.290(1)-(22) and the material is moved and placed in a controlled manner;

(B) The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of 10 CSR 40-3.110(1)-(6) and 10 CSR 40-3.260, including, but not limited to, the return of the site to the approximate original contour. The person who conducts the surface coal mining and reclamation operation must demonstrate, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3;

(C) Land above the highwall shall not be disturbed, unless the commission or director finds that the disturbance facilitates compliance with the requirements of this rule;

(D) Material in excess of that required by the grading and backfilling provisions of subsection (2)(B) of this rule shall be disposed of in accordance with the requirements of 10 CSR 40-3.060(1)-(4) or 10 CSR 40-3.220;

(E) Woody materials shall not be buried in the backfilled area unless it is determined in the permit and plan that the proposed method for placing woody material beneath the highwall will not deteriorate the stable condition of the backfilled area as required in subsection (2)(B) of this rule. Woody materials may be chipped and distributed over the surface of the backfill as mulch, if special provisions are made for their use and approved in the permit and plan; and

(F) Unlined or unprotected drainage channels shall not be constructed on backfills unless approved in the permit and plan as stable and not subject to erosion.

(3) Limited Variances. Permittees may be granted variances from the approximate original contour requirements of subsection (2)(B) of this rule for steep slope surface coal mining and reclamation operations, if the following standards are met and a permit incorporating the variance is approved under 10 CSR 40-6.060(3):

(A) The highwall shall be completely backfilled with spoil material in a manner which results in a static factor of safety of at least 1.3 using standard geotechnical analyses;

(B) The watershed control of the area within which the mining occurs shall be improved by reducing the peak flow from precipitation or thaw and reducing the total suspended solids or other pollutants in the surface water discharge during precipitation or thaw. The total volume of flow during every season of the year shall not vary in a way that adversely affects the ecology of any surface water or any existing or planned public or private use of surface or ground water;

(C) Land above the highwall may be disturbed only to the extent that it is deemed appropriate and approved as necessary in the permit and plan to facilitate compliance with the provisions of this rule and if it is found in the permit and plan that the disturbance is necessary to-

1. Blend the solid highwall and the backfilled material;

2. Control surface runoff; or

3. Provide access to the area above the highwall;

(D) The landowner of the permit area has requested, in writing, as part of the permit application under 10 CSR 40-6.060(3) that the variance be granted;

(E) The operations are conducted in full compliance with a permit issued in accordance with 10 CSR 40-6.060(3); and

(F) Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench and meet all other requirements of the regulatory program shall be placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with 10 CSR 40-3.060(1)-(4) or 10 CSR 40-3.220 and 10 CSR 40-3.110(1) and (2) or 10 CSR 40-3.260.

(4) Multiple Seam. In multiple seam steep slope affected areas, spoil not required to reclaim and restore the permit area may be placed on a preexisting bench, if approved in the permit and plan and if the following requirements are met:

(A) All excess spoil must be hauled, placed and retained on the solid bench;

(B) The spoil must be graded to the most moderate slope so as to eliminate the existing highwall to the extent possible with the available spoil;

(C) The fill must comply with 10 CSR 40-3.060(1) or 10 CSR 40-3.220(3) and the requirements of 10 CSR 40-3 and 10 CSR 40-4; and

(D) The bench on which the spoil is to be placed must have been created and abandoned due to coal mining prior to August 3, 1977.

Notes

10 CSR 40-4.040

AUTHORITY: section 444.530, RSMo 1986.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Aug. 1, 1980, effective Dec. 11, 1980. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority 1971, amended 1983, 1990.