PURPOSE: This rule sets forth requirements for reclamation and operations plans for surface mining permit applications pursuant to sections 444.810, 444.820, and 444.825, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Responsibilities. It is the responsibility of—

1. (A) The applicant to provide to the commission and director all of the information required by this rule except where specifically exempted in this rule.
2. (B) State and federal governmental agencies to provide information to the commission and director where specifically required in this rule.

1. (2) Operations Plan—General Requirements. Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed mine plan area, including at a minimum, the following:

   1. (A) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal by tonnage, and the major equipment to be used for all aspects of those operations; and

   2. (B) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of these facilities is necessary for postmining land use as specified in 10 CSR 40- 3.130):

      1. 1. Dams, embankments, and other

impoundments;

1. 2. Overburden and topsoil handling and

storage areas and structures;

1. 3. Coal removal, handling, storage,

cleaning, and transportation areas and structures;

1. 4. Spoil, coal processing waste and non-

coal waste removal, handling, storage, transportation, and disposal areas and structures. Except for spoil, the narrative should be in accordance with the appropriate section(s) of 10 CSR 40-3.080;

1. 5. Mine facilities; and
2. 6. Water and air pollution control facili-

ties.

1. (3) Operations Plan—Existing Structures.

   1. (A) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:

      1. 1. Location;
      2. 2. Plans of the structure which describe

its current condition;

1. 3. Approximate dates on which con-

struction of the existing structure was begun and completed; and

1. 4. A showing, including relevant moni-

toring data or other evidence, whether the structure meets the performance standards of and Reclamation Operations and Coal Exploration

10 CSR 40-3 and 10 CSR 40-4, or if the structure does not meet the performance standards of 10 CSR 40-3 and 10 CSR 40-4, a showing whether the structure meets the performance standards of 10 CSR 40-2.

1. (B) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include:

   1. 1. Design specifications for the modifi-

cation or reconstruction of the structure to meet the design and performance standards of 10 CSR 40-3 and 10 CSR 40-4;

1. 2. A construction schedule which shows

dates for beginning and completing interim steps and final reconstruction;

1. 3. Provisions for monitoring the struc-

ture during and after modification or reconstruction to ensure that the performance standards of 10 CSR 40-3 and 10 CSR 40-4 are met; and

1. 4. A showing that the risk of harm to the

environment or to public health or safety is not significant during the period of modification or reconstruction.

1. (4) Operations Plan—Blasting.

   1. (A) Blasting Plan. Each permit application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of 10 CSR 40-3.050(1)–(6). This plan shall include, at a minimum, information setting forth the limitations the operator will meet with regard to ground vibration and air blast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations.
   2. (B) Monitoring System. Each application shall contain a description of any system to be used to monitor compliance with the standards of 10 CSR 40-3.050(5), including the type, capability, and sensitivity of any blast monitoring equipment and proposed procedures and locations of monitoring.
   3. (C) Blasting Near Underground Mines. Blasting operations within five hundred feet (500') of active underground mines require approval of the state and federal regulatory authorities concerned with the health and safety of underground miners.

2. (5) Operations Plan—Maps and Plans. Each application shall contain maps and plans of the proposed mine plan and adjacent areas as follows:

   1. (A) The maps and plans shall show the lands proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 10 CSR 40-6.040(14) and (15);

   2. (B) The following shall be shown for the proposed permit area unless specifically required for the mine plan area or adjacent area by the requirements of this section:

      1. 1. Buildings, utility corridors, and facil-

ities to be used;

1. 2. The area of land to be affected within

the proposed mine plan area according to the sequence of mining and reclamation;

1. 3. Each area of land for which a perfor-

mance bond will be posted under 10 CSR 40- 7;

1. 4. Each coal storage, cleaning, and load-

ing area;

1. 5. Each topsoil, spoil, coal waste, and

noncoal waste storage area. Except for topsoil and spoil, the narrative should be in accordance with the appropriate section(s) of 10 CSR 40-3.080;

1. 6. Each water diversion, collection, con-

veyance, treatment storage, and discharge facility to be used;

1. 7. Each air pollution collection and con-

trol facility;

1. 8. Each source of waste and each waste

disposal facility relating to coal processing or pollution control in accordance with 10 CSR 40-3.080(1)–(6);

1. 9. Each facility to be used to protect and

enhance fish and wildlife and related environmental values;

1. 10. Each explosive storage and handling

facility; and

1. 11. Location of each siltation structure,

permanent water impoundment, coal processing waste bank and coal processing waste dam and embankment in accordance with section (11), and fill area for the disposal of excess spoil in accordance with section (16).

1. (C) Maps, plans, and cross-sections required under paragraphs (5)(B)4., 5., 6., 10., and 11. of this rule shall be prepared by or under the direction of and certified by a qualified registered professional engineer, with assistance from experts in related fields such as land surveying and landscape architecture except that—

   1. 1. Maps, plans, and cross-sections for

siltation structures may only be prepared by a qualified registered professional engineer; and

1. 2. Spoil disposal facilities, maps, plans,

and cross-sections may only be prepared by a qualified registered engineer.

1. (6) Air Pollution Control Plan. The application shall contain an air pollution control plan which includes the following:

   1. (A) An air quality monitoring program, if required for approval, to provide sufficient 10 CSR 40-6

data to evaluate the effectiveness of the fugitive dust control practices under subsection (6)(B) of this rule to comply with applicable federal and state air quality standards; and

1. (B) A plan for fugitive dust control practices, as required under 10 CSR 40-3.090.

1. (7) Fish and Wildlife Plan.

   1. (A) The fish and wildlife plan requirements shall be consistent with the Endangered Species Act of 1973, as amended (16 U.S.C. Section 1531, et seq.); section 444.855.2(17), RSMo; 10 CSR 40- 3.040(18); and 10 CSR 40-3.100.

   2. (B) Each application shall contain a fish and wildlife plan which provides—

      1. 1. A statement of how, to the extent pos-

sible using the best technology currently available, the plan will minimize disturbances and adverse impacts on fish and wildlife and related environmental values during surface coal mining and reclamation operations and how enhancement of these resources will be achieved, where practicable. The plan shall be consistent with the requirements of 10 CSR 40-3.100; cover the mine plan area and portions of adjacent areas as determined by the director pursuant to 10 CSR 40- 6.040(11); and

1. 2. If the applicant states that it will not

be practicable, in accordance with paragraph (7)(B)1. of this rule, to achieve a condition which clearly shows a trend toward enhancement of fish and wildlife resources at the time revegetation has been successfully completed under 10 CSR 40-3.120, a statement shall be provided which establishes, to the satisfaction of the director, why it is not practicable to achieve this condition.

1. (C) A statement must be included in the fish and wildlife plan explaining how the applicant will utilize impact control measures, management techniques, and monitoring methods to protect or enhance the following, if they are to be affected by the proposed activities:

   1. 1. Listed or proposed threatened or

endangered species of plants or animals listed by the secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.) and their critical habitats;

1. 2. Species such as eagles, migratory

birds, or other animals protected by state or federal law, and their habitats, or other species identified through the consultation process pursuant to 10 CSR 40-6.040(11); or

1. 3. 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, reproduction and nursery areas and wintering areas, and including those sites listed as having significance in the Missouri Natural Features Inventory.

1. (D) Each fish and wildlife plan shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall—

   1. 1. Be consistent with the requirements

of this section and 10 CSR 40-3.100;

1. 2. Apply, at a minimum, to species and

habitats identified under subsection (7)(C); and

1. 3. Include—

   1. A. Protective measures that will be

used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, species and habitats, and the monitoring of surface water quality and quantity; and

1. B. Enhancement measures that will be

used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the replacement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

1. (8) Reclamation Plan—General Requirements.

   1. (A) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with section 444.855, RSMo, 10 CSR 40-3 and 10 CSR 40-4, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under sections (8)–(17).

   2. (B) Each plan shall contain the following information for the proposed permit area:

      1. 1. A detailed timetable for the comple-

tion of each major step in the reclamation plan;

1. 2. A detailed estimate of the cost of

reclamation of the proposed operations required to be covered by a performance bond under 10 CSR 40-7 with supporting calculations for the estimates;

1. 3. A plan for backfilling, soil stabiliza-

tion, compacting, and grading, with contour maps or cross-sections that show the anticipated final surface configuration of the proposed permit area in accordance with 10 CSR 40-3.110(1)–(6);

1. 4. A plan for removal, storage, and

redistribution of topsoil, subsoil, and other material to meet the requirements of 10 CSR 40-3.030(1)–(5);

1. 5. A plan for revegetation as required in

10 CSR 40-3.120(1)–(7), including, but not limited to, descriptions of the:

1. A. Schedule of revegetation;
2. B. Species and amounts per acre of

seeds and seedlings to be used;

1. C. Methods to be used in planting and

seeding;

1. D. Mulching techniques;
2. E. Irrigation, if appropriate and pest

and disease control measures, if any;

1. F. Measures proposed to be used to

determine the success of revegetation as required in 10 CSR 40-3.120(6), including a plan for revegetation and liability release as required in 10 CSR 40-3.120(1)–(7) and also including, but not limited to:

1. (I) A map showing locations of pro-

posed test plots and reference areas on a scale not less than one inch equals five hundred feet (1"=500');

1. (II) A map delineating the area

which will be proposed for release based on the outcome of the test plots;

1. (III) A statement indicating when

mining occurred at the area proposed for release;

1. (IV) Documentation that the refer-

ence areas chosen are representative of the soils in the permit area before mining and that test plots chosen are representative of the reconstructed soils in the permit area;

1. (V) A statement indicating which

crop(s) will be used to prove success of revegetation, what harvesting method will be employed to gather the necessary data and what statistics will be employed to assure random sampling if harvesting will be done from a portion of the test plots and reference areas;

1. (VI) A statement that plots will be

treated equally with regard to seeding dates, fertilization for the same yield goal, herbicide use, tillage type and frequency, row spacing, planting rates, and harvest dates;

1. (VII) How the plots will be marked

in the field; (VIII) If the land to be used for plots is not under company control, a statement from the company granting the commission the right of entry must be included;

1. (IX) An account of the method to

be used to randomly choose the plots;

1. (X) A soil testing plan that in-

cludes, at a minimum, tests for pH, nitrogen, phosphorus, potassium, calcium, magnesium, sulfur, and lime requirement; and

1. (XI) A plan discussing how the

vegetation on the affected area will be maintained until Phase III release is approved;

1. G. A soil testing plan for evaluation of

the results of topsoil handling and reclamation procedures related to revegetation; and

1. H. Nutrient and soil amendment

plans;

1. 6. A description of the measures to be

used to maximize the use and conservation of the coal resources;

1. 7. A description of measures to be

employed to ensure that all debris, acidand toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 10 CSR 40-3.080(8) and 10 CSR 40-3.110(3) and a description of the contingency plans which have been developed to preclude sustained combustion of materials;

1. 8. A description, including appropriate

cross-sections and maps of the measures to be used to seal or manage mine openings and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with 10 CSR 40-3.020(1)–(3); and

1. 9. A description of steps to be taken to

comply with the requirements of the Clean Air Act (42 U.S.C. Section 7401) and Clean Water Act (33 U.S.C. Section 1251) and other applicable air and water quality laws and regulations and health and safety standards.

1. (9) Reclamation Plan—Protection of Hydrologic Balance.

   1. (A) Sampling and Analysis. All water quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the Standard Methods for the Examination of Water and Wastewater 22nd Edition 2012, published by American Public Health Association, 800 I Street, NW, Washington, DC 20001, which is incorporated by reference, or the methodology in 40 CFR Parts 136 and 434. This subsection does not incorporate any later amendments or additions. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed previously when feasible.

   2. (B) Each plan shall contain a detailed description, with appropriate maps and crosssection drawings of the measures to be taken during and after the proposed surface mining activities in accordance with 10 CSR 40-3 to ensure the protection of— and Reclamation Operations and Coal Exploration

      1. 1. The quality of surface and ground

water systems, both within the proposed mine plan and adjacent areas, from the adverse effects of the proposed surface mining activities;

1. 2. The rights of present users of surface

and ground water; and

1. 3. The quantity of surface and ground

water both within the proposed mine plan area and adjacent area from adverse effects of the proposed surface mining activities or to provide alternative sources of water in accordance with 10 CSR 40-6.040(8) and 10 CSR 40-3.040(14), where the protection of quantity cannot be ensured.

1. (C) The description shall include:

   1. 1. A plan for the control, in accordance

with 10 CSR 40-3, of surface and ground water drainage into, through, and out of the proposed mine plan area; and

1. 2. A plan for the treatment, where

required under 10 CSR 40-3 and 10 CSR 40- 4 and the regulatory program, of surface and ground water drainage from the area to be disturbed by the proposed activities and proposed quantitative limits on pollutants in discharges subject to 10 CSR 40-3.040(2), according to the more stringent of the following:

1. A. 10 CSR 40-3 and 10 CSR 40-4 and

the regulatory program; or

1. B. Other applicable state and federal

laws;

1. 3. A plan for the restoration of the

approximate recharge capacity of the mine plan area in accordance with 10 CSR 40- 3.040(12);

1. 4. A plan for the collection, recording,

and reporting of ground and surface water quality and quantity data, according to 10 CSR 40-3.040(13); and

1. 5. If the determination of the probable

hydrologic consequences (PHC) required by subsection (9)(D) of this rule indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-or toxic-forming material is present that may result in the contamination of ground or surface water supplies, then information supplemental to that required under 10 CSR 40-6.040(6) and (7), shall be provided to evaluate this PHC and to plan remedial and reclamation activities. This supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

1. (D) The description shall include a determination of the probable hydrologic consequences of the proposed surface mining activities, on the proposed mine plan area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and ground water systems under all seasonal conditions, including the contents of dissolved and total suspended solids, total iron, pH, total manganese, and any other parameters required by the director.

   1. 1. The PHC determination shall be

based on baseline hydrologic, geologic, and other information collected for the permit application and may include data statistically representative of the site.

1. 2. The PHC determination shall include

findings on:

1. A. Whether adverse impacts may

occur to the hydrologic balance;

1. B. Whether acidor toxic-forming

materials are present that could result in the contamination of surface or ground water supplies;

1. C. Whether the proposed operation

may approximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose;

1. D. What impact the proposed opera-

tion will have on—

1. (I) Sediment yield from the dis-

turbed area;

1. (II) Acidity, total suspended and

dissolved solids, and other important water quality parameters of local impact;

1. (III) Flooding or stream flow alter-

ation;

1. (IV) Ground and surface water

availability; and

1. (V) Other characteristics as re-

quired by the regulatory authority.

1. 3. An application for a permit revision

shall be reviewed by the regulatory authority to determine whether a new or updated PHC determination shall be required.

1. (E) Cumulative Hydrologic Impact Assessment.

   1. 1. The director shall provide an assess-

ment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface and ground water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The director may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.

1. 2. An application for a permit revision

shall be reviewed by the director to determine 10 CSR 40-6

whether a new or updated CHIA shall be required.

1. (10) Reclamation Plan—Postmining Land Uses.

   1. (A) Each plan shall contain a detailed description of the proposed use following reclamation of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of the proposed use to existing land use policies and plans. This description shall explain—

      1. 1. How the proposed postmining land

use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

1. 2. Where range or grazing is the pro-

posed postmining use, the detailed management plans to be implemented;

1. 3. Where a land use different from the

pre-mining land use is proposed, all materials needed for approval of the alternative use under 10 CSR 40-3.130; and

1. 4. The consideration which has been

given to making all the proposed surface mining activities consistent with surface owner plans and applicable state and local land use plans and programs.

1. (B) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

1. (11) Reclamation Plan—Ponds, Impoundments, Banks, Dams, and Embankments.

   1. (A) General. Each application shall include a general plan and a detailed plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed mine plan area.

      1. 1. Each general plan shall—

         1. A. Be prepared by, or under the direc-

tion of, and certified by a qualified registered professional engineer with assistance from experts in related fields such as land surveying and landscape architecture;

1. B. Contain a description, map, and

cross-section of the structure and its location;

1. C. Contain preliminary hydrologic

and geologic information required to assess the hydrologic impact of the structure;

1. D. Contain a survey describing the

potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred;

1. E. Contain a certification statement

which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the director. The commission or director shall have approved, in writing, the detailed design plan for a structure before construction of the structure begins; and

1. F. Contain the calculated theoretical

detention time and all supporting documentation and drawings used to establish the required detention times under 10 CSR 40-3.040(6)(C)1. and 3.

1. 2. Impoundments meeting the Class B

or C criteria for dams in TR-60, which is incorporated by reference, shall comply with the requirements of this section for structures that meet or exceed the size or other criteria of the Mine Safety and Health Administration (MSHA). Each detailed design plan for a structure that meets or exceeds the size or other criteria of the MSHA, 30 CFR 77.216(a), shall—

1. A. Be prepared by, or under the direc-

tion of, and certified by a qualified registered professional engineer with assistance from experts in related fields such as geology, land surveying, and landscape architecture;

1. B. Include any geotechnical investiga-

tion, design, and construction requirements for the structure;

1. C. Describe the operation and main-

tenance requirements for each structure; and

1. D. Describe the timetable and plans

to remove each structure, if appropriate.

1. 3. Each detailed design plan for a struc-

ture that does not meet the size or other criteria of 10 CSR 40-6.050(11)(A)2. shall—

1. A. Be prepared by, or under the direc-

tion of, and certified by a qualified registered professional engineer and all coal processing waste dams and embankments covered by 10 CSR 40-3.080(9)–(11) shall be certified by a qualified registered professional engineer;

1. B. Include any design and construc-

tion requirements for the structure, including any required geotechnical information;

1. C. Describe the operation and main-

tenance requirements for each structure; and

1. D. Describe the timetable and plans

to remove each structure, if appropriate.

1. (B) Siltation Structures. Siltation structures, whether temporary or permanent, shall be designed in compliance with the requirements of 10 CSR 40-3.040(6). Any siltation structure or earthen structure which will remain on the proposed mine plan area as a permanent water impoundment shall also be designed to comply with the requirements of 10 CSR 40-3.040(10). Each plan, at a minimum, shall comply with the requirements of the MSHA, 30 CFR 77.216-1, and 30 CFR 77.216-2.
2. (C) Permanent and Temporary Impoundments. Permanent and temporary impoundments shall be designed to comply with the requirements of 10 CSR 40-3.040(10). Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 30 CFR 77.216-1 and 30 CFR 77.216-2. The plan required to be submitted to the district manager of MSHA under 30 CFR 77.216 shall be submitted to the director as part of the permit application in accordance with subsection (11)(A).
3. (D) Coal Processing Waste Banks. Coal processing waste banks shall be designed to comply with the requirements of 10 CSR 40- 3.080(1)–(4).

4. (E) Coal Processing Waste Dams and Embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of 10 CSR 40- 3.080(9)–(11). Each plan shall comply with the requirements of the MSHA, 30 CFR 77.216-1, and 30 CFR 77.216-2 and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

   1. 1. The number, location, and depth of

borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions;

1. 2. The character of the overburden and

bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered;

1. 3. All springs, seepage, and groundwa-

ter flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan; and

1. 4. Consideration shall be given to the

possibility of mudflows, rock-debris falls, or other landslides into the dam, embankment, or impounded material.

1. (F) If the structure meets the Class B or C criteria for dams in TR-60, or meets the size or other criteria of 30 CFR 77.216(a), each plan under subsections (11)(B), (C), and (E) of this rule shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

1. (12) Reclamation Plan—Surface Mining Near Underground Mining. For surface mining activities within the proposed permit area to be conducted within five hundred feet (500') of an underground mine, the application shall describe the measures to be used to comply with 10 CSR 40-3.070.
2. (13) Diversions. Each application shall contain descriptions, including maps and crosssections of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 10 CSR 40-3.040(3) and (4).

3. (14) Protection of Public Parks and Historic Places.

   1. (A) For any public parks or historic places that may be adversely affected by the proposed operations, each plan shall describe the measures to be used to minimize or prevent these impacts and obtain approval as required in 10 CSR 40-5.010(3)(F).
   2. (B) For any public parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measure to be used to prevent impacts, or if valid existing rights exist, as determined under 10 CSR 40-5.010(7), or joint agency approval is to be obtained under 10 CSR 40- 5.010(8)(D), to minimize adverse impacts.
   3. (C) The director may require the applicant or operator to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures prior to the commencement of any specific mining operation which would affect these properties.

4. (15) Relocation or Use of Public Roads. Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and affected landowners are protected if, under 10 CSR 40-5.010(5)(B), the applicant seeks to have the commission or director approve—

   1. (A) Conducting the proposed surface mining activities within one hundred feet (100') of the right-of-way line of any public road, and Reclamation Operations and Coal Exploration

except where mine access or haul roads join that right-of-way; or

1. (B) Relocating a public road.

1. (16) Disposal of Excess Spoil.

   1. (A) Each application shall contain descriptions, including appropriate maps and crosssection drawings, of the proposed disposal site and design of the spoil disposal structures according to 10 CSR 40-3.060(1)–(4). These plans shall describe the geotechnical investigation, design, construction, operation, maintenance, and removal, if appropriate, of the site and structures.

   2. (B) Each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

      1. 1. The character of bedrock and any

adverse geologic conditions in the disposal area;

1. 2. A survey identifying all springs, seep-

age, and groundwater flow observed or anticipated during wet periods in the area of the disposal site;

1. 3. A survey of the potential effects of

subsidence of the subsurface strata due to past and future mining operations;

1. 4. A technical description of the rock

materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

1. 5. A stability analysis including, but not

limited to, strength parameters, pore pressures, and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

1. (C) If, under 10 CSR 40-3.060(1)(I), rocktoe buttresses or key way cuts are required, the applicant shall include the following:

   1. 1. The number, location, and depth of

borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and

1. 2. Engineering specifications utilized to

design the rock-toe buttress or key way cuts which shall be determined in accordance with paragraph (16)(B)5. of this rule.

1. (17) Transportation Facilities.

   1. (A) Each application shall contain a detailed description of each road, conveyor, or rail system to be constructed, used, or maintained within the proposed permit area. The description shall include a map, appropriate cross-sections, and the following:

      1. 1. Design drawings and specifications

for each road width, road gradient, road surface, road cut, fill embankment, culvert, bridge, drainage ditch, low water crossings, and drainage structure;

1. 2. A report of appropriate geotechnical

analysis, where approval of the commission or director is required for alternative specifications or for steep cut slopes under 10 CSR 40- 3.140(1)(D), (3)(C), (8)(D), or (10)(C) or 10 CSR 40-3.290(3)(C), (8)(D), or (10)(C);

1. 3. A description of measures to be taken

to obtain approval for alteration or relocation of a natural drainageway under 10 CSR 40- 3.140(4)(D), (11)(D), or (18)(C) or 10 CSR 40-3.290 (4)(D), (11)(D), or (18)(C);

1. 4. A description of measures, other than

use of a rock headwall, to be taken to protect the inlet end of a ditch relief culvert, for approval under 10 CSR 40-3.140(2)(C), (9)(C), or (16)(C) and 10 CSR 40- 3.290(2)(C), (9)(C), or (16)(C);

1. 5. A general description of each road,

conveyor, or rail system to be constructed, used, or maintained within the proposed mine plan area shall be contained in each plan;

1. 6. The drawings and specifications of

each proposed road that is located in the channel of an intermittent or perennial stream as necessary for approval of the road in accordance with 10 CSR 40-3.140(2)(B), (9)(B), and (16)(B) and 10 CSR 40- 3.290(2)(B), (9)(B), and (16)(B);

1. 7. Drawings and specifications for each

low water crossing of perennial or intermittent stream channels indicating that the protection of the stream is maximized by the low water crossings being designed, constructed, and maintained to prevent erosion of the structure or stream bed and additional contributions of suspended solids to stream flow;

1. 8. The drawings and specifications for

each proposed ford of perennial or intermittent streams that are used as a temporary route, as necessary for approval of the ford by the regulatory authority in accordance with 10 CSR 40-3.140(4)(A) or (11)(A); and

1. 9. Descriptions of the plans to remove

and reclaim each road that would not be retained under an approved postmining land use and the schedule for this removal and reclamation.

1. (B) Class I and II Road Certification. The plans and drawings for each Class I and II road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, experienced in the design and construction of roads, as meeting the requirements of this chapter; current, prudent engineering practices; and any design criteria established by the regulatory authority.

1. (18) Support Facilities. Each applicant for a 10 CSR 40-6

surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross-sections, design drawings, and specifications sufficient to demonstrate compliance with 10 CSR 40- 3.140(23) for each facility.

AUTHORITY: section 444.530, RSMo 2000.* Original rule filed Oct. 12, 1979, effective Feb. 11, 1980. Amended: Filed April 14, 1980, effective Aug. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed Jan. 5, 1987, effective July 1, 1987. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed Jan. 4, 1989, effective April 1, 1989. Amended: Filed March 2, 1989, effective May 15, 1989. Amended: Filed May 2, 1989, effective Aug. 1, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Sept. 15, 1994, effective April 30, 1995. Amended: Filed March 21, 2000, effective Oct. 30, 2000. Amended: Filed Dec. 17, 2012, effective July 30, 2013. *Original authority: 444.530, RSMo 1971, amended 1983, 1990, 1993, 1995.