PURPOSE: This rule sets forth the requirements for information on environmental resources for underground mining permit applications pursuant to sections 444.810, 444.820, 444.825, 444.835, 444.840, and 444.850, RSMo.

1. (1) Responsibilities. It is the responsibility of—

   1. (A) The applicant to provide, except where specifically exempted in this rule, all information required by this rule in the application; and
   2. (B) State and federal government agencies to provide information for applications as specifically required by this rule.
2. (2) General Requirements. Each permit application shall include a description of the existing, premining environmental resources within the proposed mine plan area and adjacent areas that may be affected or impacted by the proposed underground mining activities.

3. (3) General Environmental Resources Information. Each application shall describe and identify—

   1. (A) The size, sequence, and timing of the subareas of the mine plan area for which it is anticipated that individual permits for mining 10 CSR 40-6

will be requested over the estimated total life of the proposed underground mining activities; and

1. (B) The nature of cultural and historic resources listed or eligible for listing on the National Register of Historic Places and known archaeological sites within the proposed mine plan and adjacent areas. The description shall be based on all available information, including, but not limited to, data of state and local archaeological, historic and cultural preservation agencies. Based on this information, the applicant may recommend to the director appropriate identification, evaluation, or mitigation measures. The director may require the applicant to identify and evaluate important historic resources and archaeological sites that may be eligible for listing on the National Register of Historic Places through collection of additional information, conduct of field investigation, or other appropriate analyses.

1. (4) Description of Hydrology, and Geology— General Requirements.

   1. (A) Each application shall contain a description of the geology, hydrology, and water quality and quantity of all lands within the proposed mine plan area, the adjacent area and the general area. The description shall include information on the characteristics of all surface and ground waters within the general area and any water which will flow into or receive discharges of water from the general area. The description shall be prepared according to sections (4)–(7) of this rule and conform to the following:

      1. 1. Information on hydrology, water qual-

ity, and quantity and geology related to hydrology of areas outside the proposed mine plan area and within the general area shall be provided by the director to the extent that this data is available from an appropriate federal or state agency;

1. 2. If this information is not available

from those agencies, the applicant may gather and submit this information to the director as part of the permit application; and

1. 3. The permit shall not be approved by

the commission or director until this information is made available in the application.

1. (B) The use of modeling techniques may be included as part of the permit application, but the same surface and ground water information may be required for each site as when models are not used.

1. (5) Geology Description.

   1. (A) The description shall include a general statement of the geology within the proposed mine plan and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer to be affected below the lowest coal seam to be mined. The description shall include the areal and structural geology of the permit and adjacent areas and other parameters which influence the required reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters. It shall be based on—

      1. 1. The cross-sections, maps, and plans

required by section (15) of this rule;

1. 2. The information obtained under para-

graph (5)(B)1. of this rule; and

1. 3. Geologic literature and practices.

2. (B) The geology for areas proposed to be affected by surface operations and facilities, those surface lands overlying coal to be mined and the coal to be mined shall be separately described as follows:

   1. 1. Geology of the strata down to and

including the stratum immediately below any coal seam to be mined or any aquifer below the lowest coal seam which may be adversely affected shall be described for those areas to be affected by surface operations or facilities, including the following data resulting from analyses of test borings, core samplings, or outcrop samples:

1. A. The location of areas where sub-

surface water will be exposed at the face-up area;

1. B. The logs of drill holes showing the

lithologic characteristics of the strata to be affected;

1. C. The physical properties of each

stratum within the overburden, including compaction and erodibility; and

1. D. Chemical analyses of each stratum

to be affected, including the stratum immediately below the lowest coal seam to be mined, to identify, at a minimum, those horizons which contain potential acid-forming or alkalinity-producing materials; and

1. 2. The geology for those surface lands

within the proposed mine plan area which are underlain by the coal seam to be extracted and the geology of the coal seam itself, including:

1. A. Location of subsurface water, if

encountered;

1. B. The depth, classification, and geo-

logic structure of the overburden;

1. C. Pyritic content and potential alka-

linity of the stratum immediately above and below the coal seam to be mined and the clay content of the stratum immediately below the coal seam to be mined; and

1. D. Pyrite, marcasite, and sulfur con-

tent of the coal seam.

1. (C) An applicant may request that the requirements of paragraph (5)(A)1. of this rule be waived by the director. The waiver may be granted only if the director makes a written determination that the statement required is unnecessary because other equivalent information is accessible to him/her in a satisfactory form.

1. (6) Groundwater Information.

   1. (A) The application shall contain a description of the groundwater hydrology for the proposed mine plan and adjacent area, including, at a minimum:

      1. 1. The depth below the surface and the

horizontal extent of the water table and aquifers;

1. 2. The lithology and thickness of the

aquifers;

1. 3. The uses of the water in the aquifers

and water table; and

1. 4. The quality of subsurface water, if

encountered.

1. (B) The application shall contain additional information which describes the recharge, storage, and discharge characteristics of aquifers and the quality and quantity of groundwater, according to the parameters and in the detail necessary to evaluate these characteristics.

1. (7) Surface Water Information.

   1. (A) Surface water information shall be described, including the name of the watershed which will receive water discharges, the location of all surface water bodies, such as streams, lakes, ponds, and springs, the locations of any water discharge into any surface body of water, and descriptions of surface drainage systems sufficient to identify, in detail, the seasonal variations in water quantity and quality within the proposed mine plan and adjacent areas.

   2. (B) Surface water information shall include:

      1. 1. Minimum, maximum, and average

discharge conditions, which identify critical low flows and peak discharge rates of streams sufficient to identify seasonal variations; and

1. 2. Water quality data to identify the

characteristics of surface waters in, discharging into, or which will receive flows of surface or ground water from the affected area within the proposed mine plan area, sufficient to identify seasonal variations, showing—

1. A. Total dissolved solids in mil-

ligrams per liter;

1. B. Total suspended solids in mil-

ligrams per liter;

1. C. Acidity;
2. D. pH in standard units;
3. E. Total and dissolved iron in mil-

ligrams per liter;

1. F. Total manganese in milligrams per

liter; and

1. G. Other information as the director

determines is relevant.

1. (8) Alternative Water Supply Information. The application shall identify the extent to which the proposed underground mining activities may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed mine plan or adjacent area for domestic, agricultural, industrial, or other legitimate use. If contamination, diminution, or interruption may result, then the description shall identify the alternative sources of water supply that could be developed to replace the existing sources.

2. (9) Climatological Information.

   1. (A) When requested by the director, the application shall contain a statement of the climatological factors that are representative of the proposed mine plan area, including:

      1. 1. The average seasonal precipitation;
      2. 2. The average direction and velocity of

prevailing winds; and

1. 3. Seasonal temperature ranges.
2. (B) The director may request additional data as deemed necessary to ensure compliance with the requirements of this chapter.

1. (10) Vegetation Information.

   1. (A) The permit application shall contain a map that delineates existing vegetation types and a description of the plant communities within the area affected by surface operations and facilities and within any proposed reference area. This description shall include information adequate to predict the potential for reestablishing vegetation.
   2. (B) When a map or aerial photograph is required, sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 10 CSR 40-6.040(11).

2. (11) Fish and Wildlife Resources Information.

   1. (A) The fish and wildlife information required will 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(17); and 10 CSR 40-3.100. The director shall provide the United States Fish and Wildlife Service, within ten (10) days of their request, a copy of the information submitted by the applicant pursuant to this section.
   2. (B) Each application shall include information on fish and wildlife and their habitats and Reclamation Operations and Coal Exploration

within the proposed mine plan area and the portions of the adjacent areas where effects of these resources may reasonably be expected to occur. This information shall be sufficient in detail to design the protection and enhancement plan required in 10 CSR 40- 6.120(12).

1. (C) The director, in consultation with the Missouri Department of Conservation and the United States Fish and Wildlife Service, shall determine the minimum level of detail and specify the areas from which information will be obtained and shall make a determination based on—

   1. 1. Published data and the Missouri

Natural Features Inventory and other information;

1. 2. Site-specific information obtained by

the applicant in accordance with paragraph (11)(D) of this rule; and

1. 3. Written guidance obtained from agen-

cies consulted.

1. (D) Site-specific information obtained by the applicant to satisfy paragraph (11)(C)2. of this rule, at a minimum, shall include the following:

   1. 1. Amount of woodland edge;
   2. 2. Extent of food sources, nesting

places, and concealment cover;

1. 3. Degree of interspersion of habitat

types; and

1. 4. Amount and quality of permanent

water sources.

1. (E) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include, at a minimum:

   1. 1. Listed or proposed endangered or

threatened species of plants or animals or their critical habitats listed by the secretary under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531, et seq.); or those species or habitats protected by Missouri as determined by the Missouri Department of Conservation;

1. 2. 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, or reproduction and wintering areas; or

1. 3. Other species or habitats identified

through agency consultation as requiring special protection under state or federal law.

1. (F) Upon request, the regulatory authority shall provide the resource information required under this section and the protection and enhancement plan required under this section to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within ten

1. (10) days of receipt of the request from the service.

2. (12) Soil Resources Information.

   1. (A) The applicant shall provide adequate soil survey information on those portions of the permit area to be affected by surface operations of facilities consisting of the following:

      1. 1. A map delineating different soils;
      2. 2. Soil identification;
      3. 3. Soil description; and
      4. 4. Present and potential productivity of

existing soils.

1. (B) Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 10 CSR 40- 3.190(2).

1. (13) Land Use Information.

   1. (A) The application shall contain a statement of the condition, capability, and productivity of the land which will be affected by surface operations and facilities within the proposed permit areas, including:

      1. 1. A map and supporting narrative of the

uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five (5) years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described;

1. 2. A narrative of land capability and

productivity, which analyzes the land use description under subsection (13)(A) in conjunction with other environmental resources information required under this rule. The narrative shall provide analyses of—

1. A. The capability of the land before

any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the area proposed to be affected by surface operations or facilities; and

1. B. The productivity of the area pro-

posed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage, or wood products from these lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the United States Department of Agriculture, state agricultural universities, or appropriate state agencies.

1. (B) The application shall state whether the proposed mine plan area has been previously 10 CSR 40-6

mined and, if so, the following information, if available:

1. 1. The type of mining method used;
2. 2. The coal seams or other mineral stra-

ta mined;

1. 3. The extent of coal or other minerals

removed;

1. 4. The approximate dates of past min-

ing; and

1. 5. The uses of the land preceding min-

ing.

1. (C) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed mine plan and adjacent area.

1. (14) Maps—General Requirements. The permit application shall include maps showing:

   1. (A) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;
   2. (B) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities;
   3. (C) The boundaries of all areas proposed to be affected over the estimated total life of the underground mining activities, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought;
   4. (D) The location of all buildings in and within one thousand feet (1000') of the proposed permit area, with identification of the current use of the buildings;
   5. (E) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines, pipelines, and agricultural drainage tile fields;
   6. (F) The location and boundaries of any proposed reference areas for determining the success of revegetation;
   7. (G) The locations of water supply intakes for current users of surface waters flowing into, out of, and within a hydrologic area defined by the director and those surface waters which will receive discharges from affected areas in the proposed mine plan area;
   8. (H) Each public road located in or within one hundred feet (100') of the proposed permit area;
   9. (I) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archaeological sites within the mine plan and adjacent areas;
   10. (J) Each public or private cemetery or Indian burial ground located in or within one hundred feet (100') of the proposed permit area;
   11. (K) Any land within the proposed mine plan area and adjacent area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act; and
   12. (L) Other relevant information required by the director.

2. (15) Cross-Sections, Maps, and Plans. The application shall include cross-sections, maps, and plans showing—

   1. (A) Elevations and locations of test borings and core samplings;
   2. (B) Elevations and locations of monitoring stations used to gather data on water quality and quantity, fish and wildlife and air quality, if required, in preparation of the application;
   3. (C) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;
   4. (D) All coal croplines and the strike and dip of the coal to be mined within the proposed mine plan area;
   5. (E) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed mine plan and adjacent areas;
   6. (F) Location and extent of subsurface water, if encountered, within the proposed mine plan or adjacent areas, including, but not limited to, areal and vertical distribution of aquifers and portrayal of seasonal differences of head in different aquifers on crosssections and contour maps;
   7. (G) Location of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed mine plan and adjacent areas;
   8. (H) Location and extent of existing or previously surface mined areas within the proposed mine plan area;
   9. (I) Location and dimensions of existing areas of spoil, waste, coal development waste and noncoal waste disposal, dams, embankments, other impoundments, and water treatment and air pollution control facilities within the proposed permit area;
   10. (J) Location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the mine plan area and adjacent areas;

   11. (K) Sufficient slope measurements to adequately represent the existing land surface configuration of the area affected by surface operations and facilities, measured and recorded according to the following:

       1. 1. Each measurement shall consist of an

angle of inclination along the prevailing slope extending one hundred (100) linear feet above and below or beyond the coal outcrop or the area to be disturbed or where this is impractical, at locations specified by the director;

1. 2. Where the area has been previously

mined, the measurements shall extend at least one hundred feet (100') beyond the limits of mining disturbances or any other distance determined by the director to be representative of the premining configuration of the land; or

1. 3. Slope measurements shall take into

account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed; and

1. (L) Maps, plans, and cross-sections included in a permit application and required by this section shall be prepared by or under the direction of and certified by a qualified registered professional engineer or professional geologist, with assistance from experts in related fields such as land surveying and landscape architecture and shall be updated as required by the director.

1. (16) Prime Farmland Investigation.

   1. (A) The applicant shall conduct a preapplication investigation of the area proposed to be affected by surface operations or facilities to determine whether lands within the area may be prime farmland. All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The regulatory authority in consultation with the United States Natural Resources Conservation Service (NRCS) shall determine the nature and extent of the required reconnaissance inspection.

   2. (B) Land shall not be considered prime farmland where the applicant can demonstrate one (1) or more of the following:

      1. 1. The land has not been historically

used as cropland;

1. 2. The slope of the land is ten percent

(10%) or greater;

1. 3. The land is not irrigated or naturally

subirrigated, has no developed water supply that is dependable and of adequate quality and the average annual precipitation is fourteen inches (14") or less;

1. 4. Other factors exist, such as a very

rocky surface, or the land is frequently flooded during the growing season more often than once in two (2) years and the flooding has reduced crop yields; and

1. 5. On the basis of a soil survey of the

lands within the mine plan area, there are no soil map units that have been designated prime farmland by the United States NRCS.

1. (C) If the investigation establishes that the lands are not prime farmland, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one (1) or more of the criteria in subsection (16)(B) of this rule.

2. (D) If the investigation indicates that lands within the proposed area to be affected by surface operations and facilities may be prime farmlands, the applicant shall contact the United States NRCS to determine if a soil survey exists for these lands and whether the applicable soil map units have been designated prime farmlands. If no soil survey has been made for these lands, the applicant shall cause a survey to be made—

   1. 1. When a soil survey for lands within

this proposed mine plan area contains soil map units which have been designated as prime farmlands, the applicant shall submit an application in accordance with 10 CSR 40- 6.060(4) for this designated land; or

1. 2. When a soil survey for lands within

the proposed mine plan area contains soil map units which have not been designated as prime farmland after review by the United States NRCS, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which this conclusion was reached.

AUTHORITY: section 444.810, RSMo 2000.* Original rule filed Aug. 1, 1980, effective Dec. 11, 1980. Amended: Filed Dec. 10, 1980, effective April 11, 1981. Amended: Filed Aug. 4, 1987, effective Nov. 23, 1987. Amended: Filed Dec. 15, 1987, effective April 1, 1988. Amended: Filed March 2, 1989, effective May 15, 1989. Amended: Filed July 3, 1990, effective Nov. 30, 1990. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Amended: Filed Dec. 17, 2012, effective July 30, 2013. *Original authority: 444.810, RSMo 1979, amended 1983, 1993, 1995.