10 CSR 40-9.020 - Reclamation-General Requirements

PURPOSE: Amendment is due to legislative changes to the "Land Reclamation Act" (the "Act") in 2014, (HB 1201 and SB 642) rules and to conform to the requirements of Executive Order 17-03.

(1) Land and water are eligible for reclamation activities if-

(A) They were mined for coal or affected by coal mining processes before August 3, 1977;

(B) They were inadequately reclaimed;

(C) There is no continuing responsibility for reclamation by the operator, permittee or agent of the permittee under statutes of the state or federal government, or the state as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the fund will be sought under 30 CFR 886 and 30 CFR 888;

(D) Notwithstanding subsections (1)(A)-(C) of this rule, coal lands and waters damaged and abandoned after August 3, 1977, by coal mining processes are also eligible for reclamation activities if-

1. They were mined for coal or affected by coal mining processes; and

2. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition between August 4, 1977 and ending on or before November 21, 1980, and that funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or

3. The mining occurred and the site was left in either an unreclaimed or inadequately reclaimed condition during the period beginning on August 4, 1977 and ending on or before November 5, 1990, and that the surety of such mining operator became insolvent during such period, and as of November 5, 1990, funds immediately available from proceedings relating to such insolvency, or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site; and

4. The commission finds in writing that the site meets the eligibility requirements of this section and the priority objectives stated in subsections (4)(A) and (B) of this rule and that the reclamation priority of the site is the same or more urgent than the reclamation priority for other lands and waters eligible pursuant to this section. Priority will be given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community;

(E) Monies available from sources outside the fund or which are ultimately recovered from responsible parties involving lands eligible pursuant to subsection (1)(D) of this rule, are to be used to offset the cost of the reclamation or transferred to the fund if not needed for further reclamation activities at the permitted site; and

(4) Reclamation Objectives and Priorities. Reclamation projects shall meet one (1) or more of the objectives stated in this section. The objectives are stated in the order of priority with the highest priority first. Preference among those projects competing for available resources shall be given to projects meeting higher priority objectives. The objectives are based on the need for-

(A) Protection of public health, safety, general welfare and property from extreme danger resulting from the adverse effects of past coal mining practices;

(B) Protection of public health, safety and general welfare from adverse effects of past coal mining practices which do not constitute an extreme danger;

(C) Restoration of eligible land and water and the environment previously degraded by adverse effects of past coal mining practices, including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources and agricultural productivity;

(D) Research and demonstration projects relating to the development of surface coal mining reclamation and water quality control program methods and techniques;

(E) Protection, repair, replacement, construction or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by past coal mining practices;

(F) Development of publicly-owned land adversely affected by past coal mining practices, including land acquired under 10 CSR 40-9.050, for recreation and historic purposes, conservation and reclamation purposes and open space benefits;

(G) Protection of the public from hazards endangering life and property resulting from the adverse effects of past non-coal mining practices. However, upon request of the governor, such work may be undertaken before the priorities related to past coal mining have been fulfilled;

(H) Protection of the public from hazards to health and safety from the adverse effects of past noncoal mining practices;

(I) Restoration of the environment degraded by the adverse effects of past noncoal mining; and

(J) Construction of public facilities in communities impacted by coal development when the governor certifies that all other objectives of the fund have been met, the available impact funds are inadequate for such construction and the director concurs.

(5) Reclamation Project Evaluation. Proposed reclamation projects and completed reclamation work shall be evaluated in terms of the factors stated in this section. The factors shall be used to determine whether or not proposed reclamation will be undertaken and to assign priorities to proposals intended to meet the same objective under section (4) of this rule. Completed reclamation shall be evaluated in terms of the factors set forth below as a means to identify conditions which should be avoided, corrected or improved in plans for future reclamation work. The factors shall include:

(A) The need for reclamation work to accomplish one (1) or more specific reclamation objectives as stated in section (4) of this rule;

(B) The availability of technology to accomplish the reclamation work with reasonable assurance of success. In the case of research and demonstration projects, the research capability and plans shall provide reasonable assurance of beneficial results without residual adverse impacts;

(C) The specific benefits of reclamation which are desirable in the area in which the work will be carried out. Benefits to be considered include, but are not limited to, the:

1. Protection of human life, health or safety;

2. Protection of the environment, including air and water quality, abatement of erosion and sedimentation, fish, wildlife and plant habitat, visual beauty, historic or cultural resources and recreation resources;

3. Protection of public or private property;

4. Abatement of adverse social and economic impacts of past mining on persons or property including employment, income and land values or uses, or assistance to persons disabled, displaced or dislocated by past mining practices;

5. Improvement of environmental conditions which may be considered to generally enhance the quality of human life;

6. Improvement of the use of natural resources, including post-reclamation land uses which-

A. Increase the productive capability of the land to be reclaimed;

B. Enhance the use of surrounding lands consistent with existing land-use plans;

C. Provide for construction or enhancement of public facilities; and

D. Provide for residential, commercial or industrial developments consistent with the needs and plans of the community in which the site is located; and

7. Demonstration to the public and industry of methods and technologies which can be used to reclaim areas disturbed by mining;

(D) The acceptability of any additional adverse impacts to people or the environment that will occur during or after reclamation and of uncorrected conditions, if any, that will continue to exist after reclamation;

(E) The Costs of Reclamation. Consideration shall be given to both the economy and efficiency of the reclamation work and to the results obtained or expected as a result of reclamation;

(F) The availability of additional coal or other mineral or material resources within the project area which-

1. Results in a reasonable probability that the desired reclamation will be accomplished during the process of future mining; or

2. Requires special consideration to assure that the resource is not lost as a result of reclamation and that the benefits of reclamation are not negated by subsequent, essential resource recovery operations;

(G) The acceptability of post-reclamation land uses in terms of compatibility with land uses in the surrounding area, consistency with applicable state, regional and local land-use plans and laws, and the needs and desires of the community in which the project is located; and

(H) The probability of post-reclamation management, maintenance and control of the area consistent with the reclamation completed.

(2) Land and water which were mined or affected by mining for minerals and materials other than coal shall be eligible for reclamation activities with federal funds under the state reclamation program when requested by the governor to the director of the office and the director of the office has found in writing that-

(A) The conditions of section (1) of this rule have been met;

(B) The reclamation has been requested by the governor;

(C) All reclamation with respect to abandoned coal mine land and water has been accomplished within the state or the reclamation is necessary for the protection of public health and safety; and

(D) Moneys allocated to the state for the state reclamation program by the federal government are available for the work.

(3) Left or abandoned in either an unreclaimed or inadequately reclaimed condition means lands and water-

(A) Which meet the conditions of section (1) or (2) of this rule; and

(B) Which continue, in their present condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.

Notes

10 CSR 40-9.020

AUTHORITY: section 444.810, RSMo Supp. 1999.* Original rule filed June 11, 1981, effective 10/13/1981. Amended: Filed Sept. 15, 1994, effective 4/30/1995. Amended: Filed March 21, 2000, effective 10/30/2000. Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

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 headquarters 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.