10 CSR 40-6.040 - Surface Mining Permit Applications-Minimum
PURPOSE: This rule sets forth requirements for information on environmental resources for surface mining permit applications pursuant to sections 444.810, 444.820, 444.825, 444.835, 444.840, and 444.850, RSMo.
(1) Responsibilities.
(A) It is the responsibility of the applicant
to provide, except where specifically exempted in this rule, all information
required by this rule in the application.
(B) It is the responsibility of state and
federal government agencies to provide information for applications as
specifically required by this rule.
(2) General Requirements. Each permit
application shall include a description of the existing, premining
environmental resources within the proposed mine plan area and adjacent areas
that may be affected or impacted by the proposed surface mining
activities.
(3) General
Environmental Resources Information. Each application shall describe and
identify-
(A) The size, sequence, and timing
of the subareas of the mine plan area for which it is anticipated that
individual permits for mining will be requested over the estimated total life
of the proposed surface mining activities; and
(B) The nature of cultural and historic
resources listed or eligible for listing on the National Register of Historic
Places and known archaeological features within the proposed mine plan and
adjacent areas. The description shall be based on all available information
including, but not limited to, data of state and local archaeological,
historical, and cultural preservation agencies. Based on this information, the
applicant may recommend to the director appropriate identification, evaluation,
or mitigation measures. The director may require the applicant to identify and
evaluate important historic resources and archaeological sites that may be
eligible for listing on the National Register of Historic Places through
collection of additional information, conduct of field investigation, or other
appropriate analyses.
(4) Description of Hydrology and Geology-
General Requirements.
(A) Each application
shall contain a description of the geology, hydrology, and water quality and
quantity of all lands within the proposed mine plan area, the adjacent area,
and the general area. The description shall include information on the
characteristics of all surface and ground waters within the general area and
any water which will flow into or receive discharges of water from the general
area. The description shall be prepared according to sections (4)-(8) of this
rule and conform to this section.
(B) Information Provided by the Director.
1. Information on hydrology, water quality
and quantity, and geology related to hydrology of areas outside the proposed
mine plan area and within the general area shall be provided by the director,
to the extent that this data is available from an appropriate federal or state
agency.
2. If this information is
not available from those agencies, the applicant may gather and submit this
information to the director as part of the permit application.
3. The permit shall not be approved by the
commission or director until this information is made available in the
application.
(C) The use
of modeling techniques may be included as part of the permit application, but
the same surface and ground water information may be required for each site as
when models are not used.
(5) Geology Description.
(A) The description shall include a general
statement of the geology within the proposed mine plan and adjacent areas down
to and including the deeper of either the stratum immediately below the lowest
coal seam to be mined or any aquifer to be affected below the lowest coal seam
to be mined. The description shall include the areal and structural geology of
the permit and adjacent areas and other parameters which influence the required
reclamation and the occurrence, availability, movement, quantity, and quality
of potentially impacted surface and ground waters. It shall be based on-
1. The cross-sections, maps, and plans
required by section (15) of this rule;
2. The information obtained under paragraphs
(5)(B)1. and 2. of this rule; and
3. Geologic literature and
practices.
(B) Test
Borings and Core Samples.
1. Test borings or
core samples from the proposed permit area shall be collected and analyzed down
to and including the stratum immediately below the lowest coal seam to be
mined, or any aquifer below the lowest coal seam which may be adversely
affected, to provide the following data in the description:
A. Location of subsurface water, if
encountered;
B. Logs of drill holes
showing the lithologic characteristics and thickness of each stratum and each
coal seam;
C. Physical properties
of each stratum within the overburden;
D. Chemical analysis of each stratum within
the overburden and the stratum immediately below the lowest coal seam to be
mined to identify, at a minimum, those horizons which contain potential
acid-forming, toxic-forming or alkalinity-producing materials; and
E. Analyses of the coal seam for acid-or
toxic-forming materials, including, but not limited to, an analysis of the
total sulfur and pyritic sulfur content.
2. If required by the commission or director,
test borings or core samplings shall be collected and analyzed to greater
depths within the proposed permit area, or for areas outside the proposed
permit area to provide for evaluation of the impact of the proposed activities
on the hydrologic balance.
3. An
applicant may request that the requirement for a statement of the results of
the test borings or core samplings be waived by the director. The waiver may be
granted only if the director makes a written determination that the statement
is unnecessary because other equivalent information is accessible to him/her in
a satisfactory form.
(6) Groundwater Information.
(A) The application shall contain a
description of the groundwater hydrology for the proposed mine plan and
adjacent area, including, at a minimum:
1.
The depth below the surface and the horizontal extent of the water table and
aquifers;
2. The lithology and
thickness of the aquifers;
3. Known
uses of the water in the aquifers and water table; and
4. The quality of subsurface water, if
encountered.
(B) The
application shall also contain information which describes the recharge,
storage, and discharge characteristics of aquifers and the quality and quantity
of groundwater, in the parameters and in the detail necessary to evaluate these
characteristics.
(7)
Surface Water Information.
(A) Surface water
information shall be described, including the name of the watershed which will
receive water discharges, the location of all surface water bodies such as
streams, lakes, ponds, and springs, the location of any water discharge into
any surface body of water, and descriptions of surface drainage systems
sufficient to identify, in detail, the seasonal variations in water quantity
and quality within the proposed mine plan and adjacent areas.
(B) Surface water information shall include:
1. Minimum, maximum, and average discharge
conditions which identify critical low flow and peak discharge rates of streams
sufficient to identify seasonal variations; and
2. Water quality data to identify the
characteristics of surface waters in, discharging into, or which will receive
flows from surface or ground water from affected areas within the proposed mine
plan area sufficient to identify seasonal variations, showing-
A. Total dissolved solids in milligrams per
liter;
B. Total suspended solids in
milligrams per liter;
C.
Acidity;
D. pH in standard
units;
E. Total and dissolved iron
in milligrams per liter;
F. Total
manganese in milligrams per liter; and
G. Other information as the director
determines is relevant.
(8) Alternative Water Supply Information. The
application shall identify the extent to which the proposed surface mining may
proximately result in contamination, diminution, or interruption of any
underground or surface source of water within the proposed mine plan or
adjacent areas for domestic, agricultural, industrial, or other legitimate use.
If contamination, diminution, or interruption may result, then the description
shall identify the alternative sources of water supply that could be developed
to replace the existing sources.
(9) Climatological Information.
(A) When requested by the director, the
application shall contain a statement of the climatological factors that are
representative of the proposed mine plan area, including:
1. The average seasonal
precipitation;
2. The average
direction and velocity of prevailing winds; and
3. Seasonal temperature ranges.
(B) The director may request
additional data as deemed necessary to ensure compliance with the requirements
of this chapter.
(10)
Vegetation Information.
(A) The permit
application shall contain a map that delineates existing vegetative types and a
description of the plant communities within the proposed permit area and within
any proposed reference area. This description shall include information
adequate to predict the potential for reestablishing vegetation.
(B) When a map or aerial photograph is
required, sufficient adjacent areas shall be included to allow evaluation of
vegetation as important habitat for fish and wildlife for those species of fish
and wildlife identified under section (11) of this rule.
(11) Fish and Wildlife Resources Information.
(A) The fish and wildlife information
required will be consistent with the Endangered Species Act of 1973, ( 16
U.S.C. Section 1531 ); section 444.855.2(17), RSMo;
10
CSR 40-3.040(18); and
10
CSR 40-3.100.
(B) Each application shall include
information on fish and wildlife and their habitats within the proposed mine
plan area and the portions of the adjacent areas where effects on these
resources may reasonably be expected to occur. This information shall be
sufficient in detail to design the protection and enhancement plan required in
10
CSR 40-6.050(7).
(C) The director, in consultation with the
Missouri Department of Conservation and the United States Fish and Wildlife
Service, shall determine the minimum level of informational detail and specify
the areas from which information will be obtained and shall make a
determination based on-
1. Published data and
the Missouri Natural Features Inventory and other information;
2. Site-specific information obtained by the
applicant in accordance with subsection (11)(D) of this rule; and
3. Written guidance obtained from agencies
consulted.
(D)
Site-specific information obtained by the applicant to satisfy paragraph
(11)(C)2. of this rule, at a minimum, shall include the following:
1. Amount of woodland edge;
2. Extent of food sources, nesting places,
and concealment cover;
3. Degree of
interspersion of habitat types; and
4. Amount and quality of permanent water
sources.
(E)
Site-specific resource information necessary to address the respective species
or habitats shall be required when the permit area or adjacent area is likely
to include at a minimum:
1. Listed or proposed
endangered or threatened species of plants or animals or their critical
habitats listed by the secretary under the Endangered Species Act of 1973, as
amended, (
16
U.S.C. 1531, et seq.) or those species or
habitats protected by the state of Missouri as listed in the current
publication of Rare and Endangered Species of Missouri as
determined by the Missouri Department of Conservation;
2. Habitats of unusually high value for fish
and wildlife such as important streams, wetlands, riparian areas, cliffs
supporting raptors, areas offering special shelter or protection, migration
routes, or reproduction and wintering areas; or
3. Other species or habitats identified
through agency consultation as requiring special protection under state or
federal law.
(F) Fish
and Wildlife Service. Upon request, the regulatory authority shall provide the
resource information required under this section and the protection and
enhancement plan required under this section to the United States Department of
the Interior, Fish and Wildlife Service Regional or Field Office, for their
review. This information shall be provided within ten (10) days of receipt of
the request from the service.
(12) Soil Resources Information.
(A) The applicant shall provide adequate soil
survey information of the permit area consisting of the following:
1. A map delineating different
soils;
2. Soil
identification;
3. Soil
description; and
4. Present and
potential productivity of prime farmland soils.
(B) Where the applicant proposes to use
selected overburden materials as a supplement or substitute for topsoil, the
application shall provide results of the analyses, trials, and tests required
under
10
CSR 40-3.030(2).
(13) Land Use Information.
(A) The application shall contain a statement
of the condition, capability, and productivity of the land within the proposed
permit area, including:
1. A map and
supporting narrative of the uses of the land existing at the time of the filing
of the application. If the premining use of the land was changed within five
(5) years before the anticipated date of beginning the proposed operations, the
historic use of the land also shall be described; and
2. A narrative of land capability and
productivity, which analyzes the land use description under subsection (13)(A)
of this rule in conjunction with other environmental resources information
required under this rule. The narrative shall provide analysis of-
A. The capability of the land before any
mining to support a variety of uses, giving consideration to soil and
foundation characteristics, topography, vegetative cover, and the hydrology of
the proposed permit area; and
B.
The productivity of the proposed permit area before mining, expressed as
average yield of food, fiber, forage, or wood products from these lands
obtained under high levels of management. The productivity shall be determined
by yield data or estimates for similar sites based on current data from the
United States Department of Agriculture, state agricultural universities, or
appropriate state agencies.
(B) The application shall state whether the
proposed mine plan area has been previously mined and, if so, require the
following information, if available:
1. The
type of mining method used;
2. The
coal seams or other mineral strata mined;
3. The extent of coal or other minerals
removed;
4. The approximate dates
of past mining; and
5. The uses of
the land preceding mining.
(C) The application shall contain a
description of the existing land uses and land-use classifications under local
law, if any, of the proposed mine plan and adjacent areas.
(14) Maps-General Requirements. The permit
application shall include maps showing:
(A)
All boundaries of lands and names of present owners of record of those lands
both surface and subsurface, included in or contiguous to the permit
area;
(B) The boundaries of land
within the proposed permit area upon which the applicant has the legal right to
enter and begin surface mining activities;
(C) The boundaries of all areas proposed to
be affected over the estimated total life of the proposed surface mining
activities, with a description of size, sequence, and timing of the mining of
subareas for which it is anticipated that additional permits will be
sought;
(D) The location of all
buildings on and within one thousand feet (1000') of the proposed permit area,
with identification of the current use of the buildings;
(E) The location of surface and subsurface
man-made features within, passing through, or passing over the proposed permit
area, including, but not limited to, major electrical transmission lines,
pipelines, and agricultural drainage tile fields;
(F) The location and boundaries of any
proposed reference areas for determining the success of revegetation;
(G) The locations of water supply intakes for
current users of surface water flowing into, out of, and within a hydrologic
area defined by the director and those surface waters which will receive
discharges from affected areas in the proposed mine plan area;
(H) Each public road located in or within one
hundred feet (100') of the proposed permit area;
(I) The boundaries of any public park and
locations of any cultural or historical resources listed or eligible for
listing in the National Register of Historic Places and known archaeological
sites within the mine plan and adjacent areas;
(J) Each public or private cemetery or Indian
burial ground located in or within one hundred feet (100') of the proposed
permit area;
(K) Any land within
the proposed mine plan area and adjacent area which is within the boundaries of
any units of the National System of Trails or the Wild and Scenic Rivers
System, including study rivers designated under Section 5(a) of the Wild and
Scenic Rivers Act;
(L) All buffer
zones as defined at
10 CSR
40-8.010(1)(A); and
(M) Other relevant information required by
the director.
(15)
Cross-Sections, Maps, and Plans. The application shall include cross-sections,
maps, and plans showing-
(A) Elevations and
locations of test boring and core samplings;
(B) Elevations and locations of monitoring
stations used to gather data for water quality and quantity, fish and wildlife,
and air quality, if required in preparation of the application;
(C) Nature, depth, and thickness of the coal
seams to be mined, any coal or rider seams above the seam to be mined, each
stratum of the overburden, and the stratum immediately below the lowest coal
seam to be mined;
(D) All coal
croplines and the strike and dip of the coal to be mined within the proposed
mine plan area;
(E) Location and
extent of known workings of active, inactive, or abandoned underground mines,
including mine openings to the surface within the proposed mine plan and
adjacent areas;
(F) Location and
extent of subsurface water, if encountered, within the proposed mine plan or
adjacent areas;
(G) Location of
surface water bodies such as streams, lakes, ponds, springs, constructed or
natural drains, and irrigation ditches within the proposed mine plan and
adjacent areas;
(H) Location and
extent of existing or previously surface mined areas within the proposed mine
plan area;
(I) Location and
dimensions of existing areas of spoil, waste, and noncoal waste disposal dams,
embankments, other impoundments, and water treatment and air pollution control
facilities within the proposed permit area;
(J) Location and depth, if available, of gas
and oil wells within the proposed permit area and water wells in the mine plan
area and adjacent area;
(K)
Sufficient slope measurements to adequately represent the existing land surface
configuration of the proposed permit area, measured and recorded according to
the following:
1. Each measurement shall
consist of an angle of inclination along the prevailing slope extending one
hundred (100) linear feet above and below or beyond the coal outcrop or the
area to be disturbed or, where this is impractical, at locations specified by
the director;
2. Where the area has
been previously mined, the measurements shall extend at least one hundred feet
(100') beyond the limits of mining disturbances, or any other distance
determined by the director to be representative of the premining configuration
of the land; and
3. Slope
measurements shall take into account natural variations in slope to provide
accurate representation of the range of natural slopes and reflect geomorphic
differences of the area to be disturbed; and
(L) Maps, plans, and cross-sections included
in a permit application which are required by this section shall be prepared by
or under the direction of and certified by a qualified registered professional
engineer, or a professional geologist, with assistance from experts in related
fields, such as land surveying and landscape architecture, and shall be updated
as required by the commission or director.
(16) Prime Farmland Investigation.
(A) Land shall not be considered prime
farmland when the applicant can demonstrate one (1) of the following:
1. The land has not been historically used as
cropland;
2. The slope of the land
is ten percent (10%) or greater;
3.
The land is not irrigated or naturally subirrigated, has no developed water
supply that is dependable or of adequate quality, and the average annual
precipitation is fourteen inches (14") or less;
4. Other factors exist, such as a very rocky
surface or the land is frequently flooded during the growing season, more often
than once in two (2) years, and the flooding has reduced crop yields;
or
5. On the basis of a soil survey
of lands within the mine plan area, there are no soil map units that have been
designated prime farmland by the United States Natural Resources Conservation
Service.
(B) If the
investigation establishes that the lands are not prime farmland, the applicant
shall submit with the permit application a request for a negative determination
which shows that the land for which the negative determination is sought meets
one (1) of the criteria of subsection (16)(A) of this rule.
(C) Application Contents-Reconnaissance
Inspection.
1. All permit applications,
whether or not prime farmland is present, shall include the results of a
reconnaissance inspection of the proposed permit area to indicate whether prime
farmland exists. The director or commission in consultation with the United
States Natural Resources Conservation Service shall determine the nature and
extent of the required reconnaissance inspection.
2. If the reconnaissance inspection
establishes that prime farmland does exist within the proposed permit area, but
that it has not been historically used as cropland, the applicant may submit a
request for negative determination.
3. If the reconnaissance inspection indicates
that land within the proposed permit area may be prime farmland historically
used for croplands, the applicant shall determine if a soil survey exists for
those lands and whether soil mapping units in the permit area have been
designated as prime farmland. If no soil survey exists, the applicant shall
have a soil survey made of the lands within the permit area which the
reconnaissance inspection indicates could be prime farmland. Soil surveys of
the detail used by the United States Natural Resources Conservation Service for
operational conservation planning shall be used to identify and locate prime
farmland soils. If the soil survey indicates that prime farmland soils are
present within the proposed permit area,
10
CSR 40-6.060(4) shall
apply.
Notes
*Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.
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