Effective - 28 Aug 1979
444.825. Reclamation plan contents — confidential items. — 1. Each reclamation plan submitted as part of a permit application shall include, in the degree of detail necessary to demonstrate that reclamation required can be accomplished, a statement of:
(1) The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permit prior to any mining, including:
(a) The uses existing at the time of the application and if the land has a history of previous mining, the uses which preceded any mining;
(b) The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to subdivision (16) of subsection 2 of section 444.820; and
(c) The productivity of the land prior to mining, including appropriate classification as prime farm lands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;
(3) The use which is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and local governments or agencies thereof which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation;
(4) A detailed description of 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;
(5) The engineering techniques and a description of the major equipment proposed to be used in mining and reclamation; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in subdivision (7) of subsection 2 of section 444.855, for those food, forage, and forest lands identified in subdivision (7) of subsection 2 of section 444.855; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in section 444.855;
(6) The consideration which has been given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;
(7) A detailed estimated timetable for the accomplishment of each major step in the reclamation plan;
(8) The consideration which has been given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable local land use plans and programs;
(9) The steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards;
(10) The consideration which has been given to developing the reclamation plan in a manner consistent with local physical environmental, and climatological conditions;
(11) All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the areas to be covered by the permit;
(12) The results of test borings which the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commission, including the location of subsurface water, and an analysis of the chemical properties including acid forming properties of the mineral and overburden; provided, that information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental contents which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record;
(13) A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:
(a) The quality of surface and ground water systems, both on- and offsite, from adverse effects of the mining and reclamation process;
(b) The rights of present users to such water; and
(c) The quantity of surface and ground water systems, both on- and offsite, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured;
(14) Such other requirements as the commission shall prescribe by rules and regulations.
2. Any information required by this section which is not on public file pursuant to this law shall be held in confidence by the commission.
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(L. 1979 H.B. 459)
Structure Missouri Revised Statutes
Title XXIX - Ownership and Conveyance of Property
Chapter 444 - Rights and Duties of Miners and Mine Owners
Section 444.020 - Failure to post statement of conditions, effect — rights of miners.
Section 444.030 - Tender of payment.
Section 444.040 - Notice to owner or lessee.
Section 444.050 - Ownership of ore.
Section 444.060 - Injunction or restraining order — how granted.
Section 444.070 - Mining extending to adjoining lands, how determined.
Section 444.080 - Order to be read.
Section 444.090 - Refusal to permit survey — penalty.
Section 444.100 - Provisions for mining coal in certain cities.
Section 444.110 - Notice of intention to mine — publication required.
Section 444.120 - Permit from mayor and council — petition to circuit court.
Section 444.130 - Court to authorize mining operations, when — period of time specified.
Section 444.140 - Form of bond required.
Section 444.150 - Written permission of owner required — violation — provisions for payment of fine.
Section 444.160 - Costs, paid by whom.
Section 444.180 - Certain sections apply only to coal mining companies.
Section 444.320 - Mining under public highways and railroads prohibited.
Section 444.330 - Penalty for violation of section 444.320.
Section 444.350 - Citation of law.
Section 444.352 - Definitions.
Section 444.355 - Director, powers.
Section 444.358 - Permit required, when.
Section 444.360 - Application for permit, contents.
Section 444.362 - Closure plan, purposes, contents, review of.
Section 444.365 - Inspection — maintenance plan, purposes, contents, review of.
Section 444.372 - Permits, final approval by director — denial of permit, procedures.
Section 444.377 - Hearings, procedures.
Section 444.380 - Rules, authority, promulgation, procedure.
Section 444.410 - Members, interstate mining commission — appointment — compensation.
Section 444.500 - Citation of law.
Section 444.510 - Definitions.
Section 444.530 - Powers of commission — rules, procedure.
Section 444.540 - Annual strip mining permit required, fee, renewal.
Section 444.550 - Application for permit, contents.
Section 444.560 - Reclamation plan required, contents.
Section 444.570 - Bond, amount — commission may waive.
Section 444.580 - Annual permit, how amended.
Section 444.590 - Successor operator, assumption of liability — first operator released, when.
Section 444.600 - Permit — investigation, decision, hearing, court review — appeals.
Section 444.610 - Reclamation and care requirements.
Section 444.620 - Time limits on reclamation practices.
Section 444.630 - Report, when required, contents.
Section 444.640 - Commission to investigate all reports — release from bond, when.
Section 444.650 - Application for release from bond — objection, effect of — appeal.
Section 444.660 - Additional time, granted when.
Section 444.670 - Commission may inspect and search — warrant, where obtained.
Section 444.680 - Injunction, when — violation, procedure — hearing.
Section 444.690 - Testimony at hearing, how recorded — available, when.
Section 444.700 - Judicial review, when — additional evidence authorized.
Section 444.710 - Injunction and forfeiture of bond, when — attorney general to act.
Section 444.720 - Rules and regulations, when effective — notice, hearing — variances authorized.
Section 444.730 - Mined land reclamation fund created — purpose.
Section 444.740 - Commission authorized to receive funds and services.
Section 444.750 - Recreational use of reclaimed lands encouraged.
Section 444.755 - Repeal of existing law not intended.
Section 444.760 - Short title.
Section 444.762 - Declaration of policy.
Section 444.765 - Definitions.
Section 444.766 - Exceptions to land reclamation act provisions.
Section 444.767 - Powers of commission — rules, procedure, review.
Section 444.770 - Permit required, when — release of certain bonds — complaints, requirements.
Section 444.771 - Limitation on permits near an accredited school.
Section 444.774 - Reclamation requirements and conditions.
Section 444.775 - Release of bond, conditions — petition, hearing — administrative review.
Section 444.777 - Entry upon lands and inspection by commission members — warrants to issue.
Section 444.778 - Bond — form — amount — duration — forfeiture — power of reclamation.
Section 444.786 - Operation without permit prohibited, penalty.
Section 444.788 - Civil action.
Section 444.789 - Administrative procedure — inapplicability to public meetings.
Section 444.805 - Definitions.
Section 444.810 - Powers of commission — abandoned mine reclamation fund created, purpose.
Section 444.825 - Reclamation plan contents — confidential items.
Section 444.870 - Penalties, administrative and criminal, procedure.
Section 444.875 - Release of all or part of performance bond, procedure — objections may be filed.
Section 444.885 - Cessation orders — suspension or revocation of permits — injunctive relief.
Section 444.900 - Judicial review.
Section 444.905 - Severability — rights retained — replacement of water — explosives regulations.
Section 444.915 - Abandoned mine reclamation fund — deposits and expenditures.
Section 444.920 - Abandoned mine reclamation fund, commission's duties and powers.
Section 444.935 - Public health hazards — actions to abate, procedure.
Section 444.955 - Revegetation of mined land, responsibility transfer, approval required.
Section 444.960 - Fund, coal mine land reclamation, established, purpose, duties.
Section 444.970 - Penalty — delinquency or failure to comply with assessment or reclamation plan.