PURPOSE: This rule sets forth postmining land use requirements pursuant to sections 444.810 and 444.855.2(2), RSMo. (1) General. All affected areas shall be restored in a timely manner to—

1. (A) Conditions that are capable of supporting the uses which they were capable of supporting before any mining; or
2. (B) Higher or better uses achievable under criteria and procedures of this rule.

3. (2) Determining Premining Uses of Land. The pre-mining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land had not been previously mined and had been properly managed. The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that existed prior to any mining; provided, that if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

   1. (A) The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the uses which it was capable of supporting prior to any mining, or the highest and best use that can be achieved and is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.
   2. (B) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of surrounding lands that have received proper management.
   3. (C) If the premining use of the land was changed within five (5) years of the beginning of mining, the comparison of postmining use to premining use shall include a comparison with the historic use of the land as well as its use immediately preceding mining.

4. (3) Criteria for Alternative Postmining Land Uses. Higher or better uses may be approved by the regulatory authority as alternative postmining land uses after consultation with the landowner or the land management agency having jurisdiction over the lands, if the proposed uses meet the following criteria:

   1. (A) There is a reasonable likelihood for achievement of the use;
   2. (B) The use does not present any actual or probable hazard to public health or safety, or threat of water diminution or pollution;

   3. (C) The use will not—

      1. 1. Be impractical or unreasonable;
      2. 2. Be inconsistent with applicable land

use policies or plans; 10 CSR 40-3

1. 3. Involve unreasonable delay in imple-

mentation; or

1. 4. Cause or contribute to violation or

federal, state or local law.

AUTHORITY: sections 444.530 and 444.810, RSMo 1994.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed May 15, 1992, effective Jan. 15, 1993. *Original authority: 444.530, RSMo 1971 amended 1983, 1990, 1993, 1995; and 444.810, RSMo 1979, amended 1983, 1993, 1995;