PURPOSE: This rule sets forth post-mining land use requirements pursuant to sections 444.810, 444.855.2(2) and 444.860.2(6), RSMo.

1. (1) General. Surface land areas affected by mining activities shall be restored in a timely manner to—

   1. (A) Conditions that are capable of supporting the use which they were capable of supporting before any mining; and
   2. (B) Higher or better uses achievable under criteria and procedures of this section.
   3. (2) Determining Premining Use of Land. The premining 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.
   4. (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, 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.
   5. (B) The postmining land use for land that has received improper management shall be judged on the basis of the premining use of the surrounding lands that have received proper management. Surface Coal Mining and Related Activities
   6. (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.

2. (3) Prior to the release of lands from the permit area in accordance with 10 CSR 40- 8.030(2)(C), the permit area shall be restored, in a timely manner, either to conditions capable of supporting the uses they were capable of supporting before any mining or to conditions capable of supporting approved alternative land uses. Alternative land uses may be approved in the permit and plan after consultation with the landowner or the land management agency having jurisdiction over the lands, if the following criteria are met:

   1. (A) The proposed postmining land use is compatible with adjacent land use and, where applicable, with existing local, state or federal land use policies and plans, a written statement of the views of the authorities with statutory responsibilities for land use policies and plans shall have been submitted to the director within sixty (60) days of notice by the director before underground mining activities begin. Any required approval of local, state or federal land management agencies, including any necessary zoning or other changes required for the land use, shall have been obtained and shall remain valid throughout the underground mining activities;
   2. (B) Specific plans shall be prepared and submitted to the director which show the feasibility of the postmining land use as related to projected land use trends and markets and that include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and be sustained. The commission or director may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation and that the plans will result in successful reclamation;
   3. (C) For public facilities, the operator demonstrates a reasonable likelihood of sustaining higher or better use;
   4. (D) Specific and feasible plans are submitted to the director which show that financing and attainment and maintenance of the postmining land use are feasible and, if appropriate, are supported by letters of commitment from parties other than the persons who conduct the underground mining activities;
   5. (E) Plans for the postmining land use shall have been designed under the general supervision of a registered professional engineer, or other appropriate professional, who will ensure that the plans conform to applicable accepted standards for adequate land stability, drainage, vegetative cover and aesthetic design appropriate for the postmining use of site;
   6. (F) The proposed use(s) will neither present actual or probable hazard to public health or safety nor will they pose any actual or probable threat water flow diminution or pollution;
   7. (G) The use will not involve unreasonable delays in reclamation.
   8. (H) Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants shall have been obtained from the director appropriate state and federal fish and wildlife management agencies have been provided a sixty (60)-day period in which to review the plan before under ground mining activities begin; and

   9. (I) Proposals to change premining land uses of range, fish and wildlife habitat, forest land, hayland or pasture to a postmining cropland use, where the cropland would require continuous maintenance such as seeding, plowing, cultivation, fertilization or other similar practices to be practicable or to comply with applicable federal, state and local laws have been reviewed by the director to ensure that—

      1. 1. There is sufficient water available and

committed to maintain p production; and

1. 2. Topsoil quality and depth sufficient to

support the proposed use.

AUTHORITY: section 444.810, RSMo 1994.* Original rule filed Aug. 8, 1980, effective Dec 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed July 3, 1990, effective Nov. 30, 1990. *Original authority 1979, amended 1983, 1993.