Missouri Revised Statutes













Chapter 444

Rights and Duties of Miners and Mine Owners

←444.530

Section 444.535.1

444.540→

August 28, 2015

Rules and regulations, commission shall make--variances, procedures, conditions--section not to apply, when.

444.535. 1. In addition to the other powers and duties prescribed by

law, the commission shall adopt and promulgate rules and regulations adequate

to require the operator, with respect to strip mining of coal, to:



(1) Restore, within a reasonable time, any area which has been mined

upon prime farmland to equivalent or higher levels of yield as nonmined prime

farmland in the surrounding area under equivalent levels of management, and in

connection therewith:



(a) Segregate the A horizon of the natural soil, except where it can be

shown that other available soil materials will create a final soil having a

greater productive capacity; and if not utilized immediately, stockpile this

material separately from other spoil, and provide needed protection from wind

and water erosion or contamination by other acid or toxic materials;



(b) Segregate the B horizon of the natural soil, or underlying C

horizons or other strata, or a combination of such horizons or other strata

that are shown to be both texturally and chemically suitable for plant growth

and that can be shown to be equally or more favorable for plant growth than

the B horizon, in sufficient quantities to create in the regraded final soil a

root zone of comparable depth and quality to that which existed in the natural

soil; and if not utilized immediately, stockpile this material separately from

other spoil, and provide needed protection from wind and water erosion or

contamination by other acid or toxic materials;



(c) Replace and regrade the root zone material described in paragraph

(b) of this subdivision with proper compaction and uniform depth over the

regraded spoil material; and



(d) Redistribute and grade in a uniform manner the surface soil horizon

described in paragraph (a) of this subdivision;



(e) Nothing in this subdivision shall apply to any permit issued prior

to August 3, 1977, or to any revisions or renewals thereof, or to any existing

strip mining operations for which a permit was issued prior to August 3, 1977;



(f) For the purposes of this subdivision, "prime farmland" shall mean

that land which historically has been used for intensive agricultural

purposes, and which meets the technical criteria established by the United

States Secretary of Agriculture on the basis of such factors as moisture

availability, temperature regime, chemical balance, permeability, surface

layer composition, susceptibility to flooding, and erosion characteristics, as

first published at 42 Federal Register 42359, August 23, 1977;



(2) Restore the affected land to a condition capable of supporting the

uses which it was capable of supporting prior to any mining, or higher or

better uses of which there is reasonable likelihood, so long as such use or

uses do not present any actual or probable hazard to public health or pose any

actual or probable threat of water diminution or pollution, and the permit

applicant's declared proposed land use following reclamation is not deemed to

be impractical or unreasonable, inconsistent with applicable land use policies

and plans, involves unreasonable delay in implementation, or is violative of

federal, state or local law;



(3) Backfill, compact, where advisable to ensure stability or to prevent

leaching of toxic materials, and grade in order to restore the approximate

original contour of the land with all highwalls, spoil piles and depressions

eliminated, unless small depressions are needed in order to retain moisture to

assist revegetation; provided, however, that in strip mining which is carried

out at the same location over a substantial period of time where the operation

transects the coal deposit, and the thickness of the coal deposit relative to

the volume of the overburden is large and where the operator demonstrates that

the overburden and other spoil and waste materials at a particular point in

the permit area or otherwise available from the entire permit area are

insufficient, giving due consideration to volumetric expansion, to restore the

approximate original contour, the operator, at a minimum, shall backfill,

grade and compact, where advisable, using all available overburden and other

spoil and waste materials to attain the lowest practicable grade but not more

than the angle of repose, to provide adequate drainage and to cover all

acid-forming and other toxic materials, in order to achieve an ecologically

sound land use compatible with the surrounding region; and provided, further,

that in strip mining where the volume of overburden is large relative to the

thickness of the coal deposit and where the operator demonstrates that due to

volumetric expansion the amount of overburden and other spoil and waste

materials removed in the course of the mining operation is more than

sufficient to restore the approximate original contour, the operator shall

after restoring the approximate contour, backfill, grade and compact, where

advisable, the excess overburden and other spoil and waste materials to attain

the lowest grade but not more than the angle of repose, and to cover all

acid-forming and other toxic materials, in order to achieve an ecologically

sound land use compatible with the surrounding region, and that such

overburden and spoil shall be shaped and graded in such a way as to prevent

slides, erosion, and water pollution and is revegetated in accordance with the

requirements of sections 444.500 to 444.755;



(4) Remove the topsoil from the land in a separate layer, replace it on

the backfill area, or if not utilized immediately, segregate it in a separate

pile from other spoil and when the topsoil is not replaced on a backfill area

within a time short enough to avoid deterioration of the topsoil, maintain a

successful cover by quick growing plants or other means thereafter so that the

topsoil is preserved from wind and water erosion, remains free of any

contamination by any other acid or toxic material, and is in a usable

condition for sustaining vegetation when restored during reclamation, except

if topsoil is of insufficient quantity or of poor quality for sustaining

vegetation, or if other strata can be shown to be more suitable for vegetation

requirements, then the operator shall remove, segregate and preserve in a like

manner such other strata which are best able to support vegetation;



(5) Minimize the disturbances to the prevailing hydrologic balance at

the mine site and in associated off-site areas and to the quality and quantity

of water in surface and ground water systems both during and after strip

mining operations and during reclamation by:



(a) Avoiding acid or other toxic mine drainage by such measures as, but

not limited to:



a. Preventing or removing water from contact with toxin producing

deposits;



b. Treating drainage to reduce toxic content which adversely affects

downstream water upon being released to watercourses; casing, sealing or

otherwise managing boreholes, shafts, and wells and keep acid or other toxic

drainage from entering ground and surface waters;



(b) Conducting strip mining operations so as to prevent, to the extent

possible using the best technology available, additional contributions of

suspended solids to stream flow, or runoff outside the permit area, but in no

event shall contributions be in excess of requirements set by applicable state

or federal laws;



(c) Constructing any siltation structures pursuant to paragraph (b) of

this subdivision prior to commencement of strip mining operations, such

structures to be certified by a registered professional engineer to be

constructed as designed and approved in the reclamation plan;



(d) Cleaning out and removing temporary or large settling ponds or other

siltation structures from drainways after disturbed areas are revegetated and

stabilized, and depositing the silt and debris at a site and in a manner

approved by the commission;



(e) Restoring recharge capacity of the mined area to approximate

premining conditions;



(f) Avoiding channel deepening or enlargement in operations requiring

the discharge of water from mines;



(g) Such other actions as the commission may prescribe;



(6) Design, locate, construct, operate, maintain, enlarge, modify and

remove or abandon, in accordance with the standards and criteria developed by

the United States Secretary of the Interior pursuant to section 515(f) of

Public Law 95-87, all existing and new coal mine waste piles consisting of

mined wastes, tailings, coal processing wastes, or other liquid and solid

wastes, and used either temporarily or permanently as dams or embankments;



(7) Ensure that explosives are used only in accordance with existing

state and federal law and the regulations promulgated by the commission, which

shall include provisions to:



(a) Require adequate advance written notice by the operator to local

governments and residents who might be affected by the use of such explosives

by publication of the planned blasting schedule in a newspaper of general

circulation in the locality and by mailing a copy of the proposed blasting

schedule to every resident living within one-half mile of the proposed

blasting site and by providing daily notice to residents or occupiers in such

area prior to any blasting;



(b) Require the operator to maintain for a period of at least three

years and make available for public inspection upon request a log detailing

the location of the blast, the pattern and depth of the drill holes, the

amount of explosives used per hole, and the order and length of delay in the

blast;



(c) Limit the kind of explosives and detonating equipment, the size, the

timing and frequency of blasts based upon the physical conditions at the site

so as to prevent injury to persons, damage to public and private property

outside the permit area, adverse impacts on any underground mine, and change

in the course, channel or availability of ground or surface water outside the

permit area;



(d) Require that all blasting operations be conducted by trained and

competent persons as certified by the commission;



(e) Provide that upon the request of a resident or owner of a man-made

dwelling or structure within one-half mile of any portion of the permitted

area the operator shall conduct a preblasting survey of such structures and

submit the survey to the commission and a copy to the resident or owner making

the request. The area of the survey shall be decided by the commission and

shall include such provisions as the United States Secretary of Interior shall

promulgate;



(8) Establish on the regraded areas and all other lands affected, a

diverse, effective and permanent vegetative cover of the same seasonal variety

native to the area of land to be affected and capable of self-regeneration and

plant succession at least equal in extent of cover to the natural vegetation

of the area; except that introduced species may be used in the revegetation

process where desirable and necessary to achieve the approved postmining land

use plan; provided, however, that when the commission issues a written finding

approving a long-term, intensive, agricultural postmining land use as part of

the mining and reclamation plan, the commission may grant an exception to the

requirement of permanent vegetative cover.



2. With respect to steep-slope strip mining, commission regulations

shall provide, in addition to those general reclamation standards required by

subsection 1 of this section, the following:



(1) Ensure that no debris, abandoned or disabled equipment, spoil

material, or waste mineral matter be placed on the downslope below the bench

or mining cut; provided, that spoil material in excess of that required for

the reconstruction of the approximate original contour under the provisions of

subdivision (3) of subsection 1 of this section or subdivision (2) of this

subsection below shall be permanently stored in accordance with the following

standards:



(a) Spoil is transported and placed in a controlled manner in position

for concurrent compaction and in such a way to assure mass stability and to

prevent mass movement;



(b) The areas of disposal are within the bonded permit area and all

organic matter shall be removed immediately prior to spoil placement;



(c) Appropriate surface and internal drainage systems and diversion

ditches are used so as to prevent spoil erosion and movement;



(d) The disposal area does not contain springs, natural watercourses or

wet weather seeps unless lateral drains are constructed from the wet areas to

the main underdrains in such a manner that filtration of the water into the

spoil pile will be prevented;



(e) If placed on a slope, the spoil is placed upon the most moderate

slope among those upon which, in the judgment of the commission, the spoil

could be placed in compliance with all the requirements of sections 444.500 to

444.755, and shall be placed, where possible, upon or above a natural terrace,

bench, or berm, if such placement provides additional stability and prevents

mass movement;



(f) Where the toe of the spoil rests on a downslope, a rock toe

buttress, of sufficient size to prevent mass movement, is constructed;



(g) The final configuration is compatible with the natural drainage

patterns and surroundings and suitable for intended uses;



(h) Design of the spoil disposal area is certified by a registered

professional engineer in conformance with professional standards; and (i) All

other provisions of sections 444.500 to 444.755 are met;



(2) Complete backfilling with spoil materials shall be required to cover

completely the highwall and return the site to the approximate original

contour, which material will maintain stability following mining and

reclamation;



(3) The operator may not disturb land above the top of the highwall

unless the commission finds that such disturbance will facilitate compliance

with the reclamation standards of this section; provided, however, that the

land disturbed above the highwall shall be limited to the amount necessary to

facilitate the compliance;



(4) For the purposes of this subsection, the term "steep slope" is any

slope greater than twenty degrees or such lesser slope as may be defined by

the commission after consideration of soil, climate, and other characteristics

of the state or a region of the state;



(5) The provisions of this subsection shall not apply to those

situations in which an operator is mining on flat or gently rolling terrain,

on which an occasional steep slope is encountered through which the mining

operation is to proceed, leaving a plain or predominantly flat area.



3. The commission may grant a variance from the requirement to restore

to approximate original contour set forth in subdivision (2) of subsection 2

of this section where the owner of the surface knowingly requests in writing,

as part of the permit application, that such a variance be granted so as to

render the land, after reclamation, suitable for an industrial, commercial,

residential, or public use, including recreational facilities, upon the

following conditions:



(1) After consultation with the appropriate land use planning agencies,

if any, the potential use of the affected land is deemed to constitute an

equal or better economic or public use;



(2) The reclamation plan, included with the variance application, is

designed and certified by a registered professional engineer in conformance

with professional standards that the plan will assure the stability, drainage,

and configuration necessary for the intended use of the site;



(3) After approval by the director of staff of the clean water

commission of the department of natural resources, the watershed of the

affected land is deemed to be improved;



(4) Only such amount of spoil is placed off the mine bench as is

necessary to achieve the planned postmining land use, ensure stability of the

spoil retained on the bench, meet all other requirements of sections 444.500

to 444.755, and all spoil placement off the mine bench must comply with

paragraphs (a) through (i) of subdivision (1) of subsection 2 of this section;



(5) Watershed control of the area is improved, and complete backfilling

with spoil materials shall be required to cover completely the highwall, which

material will maintain stability following mining and reclamation.



4. The person seeking a variance under the provisions of subsection 3 of

this section shall do so by filing a petition for variance with the director.

The director shall investigate the petition and make a recommendation to the

commission as to the disposition thereof. Upon receiving the recommendation

of the director, if the recommendation is against the granting of a variance,

a hearing shall be held, if requested by the petitioner within thirty days of

the director's recommendation, as provided in section 444.690. If the

recommendation of the director is for the granting of a variance, the

commission may do so without hearing, except that upon the petition of any

person who is or would be aggrieved by the granting of a variance, before or

within thirty days after the commission's action, a hearing shall be held as

provided in section 444.690. In any hearing under this section the burden of

proof shall be on the person petitioning for a variance.



5. Any variance granted pursuant to subsection 3 of this section shall

run concurrently with the permit year. A variance may be extended from year

to year by affirmative action of the commission; provided, however, that no

variance may be extended unless the operator affirmatively demonstrates that

the proposed development is proceeding in accordance with the terms of the

reclamation plan.



6. The variance shall be granted upon such terms and conditions as the

commission deems appropriate to ensure compliance with the provisions of

sections 444.500 to 444.755. Upon failure to comply with the terms and

conditions of any variance as specified by the commission, the variance may be

revoked or modified by the commission after a hearing held upon not less than

thirty days' written notice to the operator, the owner of the surface, and any

other person who has filed with the director a written request for such

notification. The hearing shall be held in accordance with section 444.690.



7. Nothing contained in this section shall apply to:



(1) The extraction of coal by a landowner for his own noncommercial use

from land owned or leased by him;



(2) The extraction of coal as an incidental and noncommercial part of

federal, state, or local government-financed highway or other construction;



(3) The extraction of coal incidental to the extraction of other

minerals where coal does not exceed sixteen and two-thirds percent of the

mineral tonnage removed for commercial use or sale; and



(4) Any strip mining operation where the operator removes no more than

two hundred fifty tons of coal from any one location within twelve consecutive

months.



(L. 1978 H.B. 934, A.L. 1988 H.B. 1836)







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