PURPOSE: This rule complies with section 444.535.2., RSMo by setting forth the requirements for strip mining on steep slopes.

1. (1) All the requirements of this chapter shall apply.

2. (2) In addition, the operator conducting coal strip mining and reclamation operations on natural slopes that exceed twenty degrees (20°), or on lesser slopes that require measures to protect the area from disturbance after grading is completed as determined in the reclamation plan after consideration of soils, climate, the method of operation, geology and other regional characteristics, shall meet the following performance standards. The standards of this section do not apply where mining is done on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area:

   1. (A) Spoil, waste materials or debris, including that from clearing and grubbing and abandoned or disabled equipment, shall not be placed or allowed to remain on the downslope;
   2. (B) The highwall shall be completely covered with spoil and the disturbed area graded to comply with the provisions of 10 CSR 40- 2.040. Land above the highwall shall not be disturbed unless the disturbance will facilitate compliance with the requirements of this section and is approved in the reclamation plan;
   3. (C) Material in excess of that required to meet the provisions of 10 CSR 40- 2.040(1)–(11) shall be disposed of in accordance with the requirements of 10 CSR 40- 2.040(12) and (13); and
   4. (D) Woody materials may be buried in the backfilled area only when burial does not cause or add to instability of the backfill. Woody materials may be chipped and distributed through the backfill when approved by the commission.

AUTHORITY: section 444.535.2., RSMo 1986.* Original rule filed July 13, 1978, effective Jan. 13, 1979.

*Original authority: 444.535, RSMo 1978, amended 1988.