10 CSR 40-10.020 - Permit Application Requirements
PURPOSE: The amendment will increase acreage, site and total
fees for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operation
mining more than five thousand (5,000) tons per year along with clarifying
(1) The commission shall prescribe the form
and content of the application to be submitted to the commission in order for
an operator to obtain a mining permit . The applicant must submit the required
information before a permit may be issued.
(2) As required by section
444.772, RSMo, an applicant
shall provide a complete application package submitted which includes the
following:
(A) A completed application form
supplied by the commission signed and dated by an officer of the applicant or
other authorized representative of the applicant . The form shall contain at
least the following information:
1. The
applicant 's name;
2. The name of an
individual in charge of the operation;
3. The permanent and temporary post office
address of the applicant ;
4. The
name of a person to contact about the application;
5. A legal description to the nearest
one-quarter, one-quarter (1/4, 1/4) section and the estimated number of acres
of any land to be affected by surface mining by the applicant during the
succeeding twelve (12)-month term of the permit ;
6. The source of the applicant 's legal right
to mine the land affected by the permit ;
7. A list of permits which the applicant or
any person associated with the applicant in a management function holds or has
held that have been issued by the Land Reclamation Program. The definition of
"person associated with the applicant in a management function" means any
proprietorship, subsidiary corporation, parent corporation, sister corporation,
successor corporation, or the applicant 's officers and directors if the
applicant is a corporation and includes all partners if the applicant is a
partnership;
8. A list of every
individual associated with the applicant in a management function responsible
for compliance with sections
444.500 to
444.790, RSMo; and
9. The mineral to be mined;
(B) The authorized written consent
of the applicant and any other persons necessary to grant access to the
commission , director , his/her staff or other appropriate state agency staff to
the area of land affected under the application or permit during all phases of
operation and reclamation ;
(C) On
areas leased after August 28, 1990, the applicant shall obtain from the
landowner a signed approval of the post-reclamation land use or shall provide
other written proof that s/he has determined the post-reclamation land use in
conjunction with the landowner. This landowner approval shall be required only
for the original permit application unless there is a change in the
post-reclamation land use ;
(D) A
plan of operation and reclamation which meets the requirements of
444.760-444.790, RSMo.
1. The operation plan
for surface mine operators shall include:
A. A
brief description of topsoil availability, removal and storage as outlined in
10 CSR
40-10.050(6);
B. A brief description and location of spoil
placement and disposal;
C. A brief
description of handling of acid materials, if applicable; and
D. A brief description of the location and
arrangement of the pit if not delineated clearly on the map submitted with the
application.
2. All
applications shall contain a reclamation and operation plan for the lands and
water within the proposed permit area .
3. The reclamation plan shall include, at a
minimum:
A. A list of species used for
reclamation and the seeding/planting rates;
B. Methods and timing of
seeding/planting;
C. If required by
the commission , references to support revegetation methods;
D. A brief description of the grading,
topsoiling and revegetation schedules as outlined in
10 CSR
40-10.050(10); and
E. The land use that area is to be reclaimed
to and the acreage of each.
4. Commercial in-stream operators must
describe what measures will be taken to minimize impacts on the stream
environment, that is, how they will follow the requirements of
10 CSR
40-10.050(14), (15) and
(16).
5. The applicant may provide either a
short-term or long-term plan for operations and reclamation . A short-term plan
shall describe, at a minimum, the activities required by the operation and
reclamation plan outlined in this subsection, which will occur over the one
(1)-year term of the permit . A long-term plan shall describe, at a minimum, the
activities required by the operation and reclamation plan outlined in this
subsection which will occur over more than one (1) year. Permits having
long-term operation plans will be issued for one (1)-year terms, except that,
upon renewal, the applicant is not required to resubmit an operation plan ,
provided that the operations will continue to be conducted in the manner
originally proposed. Also, the operator only must acquire a permit for the
portion of the area included in the long-term plan which will be affected over
the upcoming one (1)-year term of the permit . But, in no instance shall the
operator affect any area outside of the area included in the current approved
permit ;
(E) Two (2)
different maps sufficient for the following purposes:
1. One (1) map sufficient to locate and
distinguish the mining site from other mine sites in the general area of the
county;
2. One (1) map of
sufficient scale and detail to illustrate the following:
A. The names of any persons or businesses
having any surface or subsurface interest in the lands to be mined, including
owners or leaseholders of the land and utilities as well as the names of all
record landowners of real property located contiguous or adjacent to the
property proposed for mining;
(I) Contiguous shall mean in
actual contact, touching along a boundary or at a point;
(II) Adjacent shall mean
immediately opposite from, as in across a
(III) Neither definition shall
include the names of any record landowners of contiguous real property or real
property located in an adjacent state, but only land located in the state of
Missouri;
B. The
boundaries and the acreage of each site, if proposing multiple sites, of all
areas proposed to be affected over the permit term;
C. The approximate location of public roads
located in or within one hundred feet (100') of the proposed permit
area ;
D. The date that the map was
prepared, a north arrow and section, township, and range lines;
E. The name of the creek or stream being
mined, if an in-stream operation is proposed;
F. This map must be prepared on an original
or clearly copied United States Geological Survey (USGS) seven and one-half (7
1/2) minute topographical map, county assessor map, Farm Service Agency (FSA)
aerial photos or up-to-date county ownership plats or on a map of equal or
better quality; and
G. The
locations of terraces, waterways, diversions, and post-mining land use
designations shall be identified on the permit map;
3. Both maps and all copies submitted must be
clearly legible and must contain the company name, mine or site name, date of
last map edit, scale indication (such as a scale bar or numerical ratio), and a
symbol definition key for any special symbols used; and
4. If the applicant requests a permit for a
portion of the area described in a long-term operation and reclamation plan ,
the applicant shall indicate the boundary of the proposed permit area and the
boundary of the area proposed to be disturbed over the life of the mine on the
map required by paragraph (2)(E)2. of this rule;
(F) All required fees based upon the type of
operation and amount of production as follows:
1. An annual permit fee of eight hundred
dollars ($800);
2. An annual site
fee for each site listed on a permit consisting of a hundredth (.01) to ten
(10) acres a two hundred dollars ($200) site fee, ten and a hundredth (10.01)
to seventy five (75) acres a five hundred dollars ($500) site fee, seventy five
and a hundredth (75.01) to two hundred (200) acres an eight hundred dollars
($800) site fee and a site consisting of more than two hundred (200) acres a
site fee of one thousand dollars ($1,000);
3. An annual acreage fee for each acre bonded
by the operator of thirteen dollars ($13) per acre for each acre
permitted;
4. For any operator of a
gravel mining operation where the annual tonnage of gravel mined by such
operator is less than five thousand (5,000) tons, the total cost of submitting
an application shall be three hundred dollars ($300); and
5. In no case shall the total fee for any
permit be more than six thousand dollars ($6,000); except after January 1, 2019
the total fee shall not be more than seven thousand five hundred dollars
($7,500) and after January 1, 2021 the total fee shall not be more than nine
thousand dollars ($9,000);
(G) The required bond, as specified in
section 444.778, RSMo and described in
10
CSR 40-10.030; and
(H) At the time the application is deemed
complete by the director , the applicant shall publish a notice of intent to
operate a surface mine in any newspaper qualified pursuant to section
493.050, RSMo, to publish legal
notices in any county where the mine plan area is located. Notice in the
newspaper shall be posted once a week for four (4) consecutive weeks beginning
no more than ten (10) days after the application is deemed complete in writing
by the director via certified mail upon receipt by the applicant . The applicant
shall advertise a public notice in accordance with this subsection each time
the applicant files a permit application for a new mine, files a request for
expansion to an existing mine, when making revisions to the original operation
and reclamation plan and when transferring the permit to a new operator , as
defined in sections (5)-(7) of this rule. Public notices shall not be required
for renewing existing permits or to permit additional acreage within a
currently approved longterm operation and reclamation plan , as defined in
paragraph (2)(D)6. of this rule. The notice must contain the following:
1. A statement of intent to conduct surface
mining specifying the mineral and estimated period of operation;
2. The name and address of the
operator ;
3. A legal description of
affected land consisting of county, section, township, and range;
4. The number of acres involved;
and
5. A statement informing the
public that written comments or a request for an informal public meeting may be
made by any person with a direct, personal interest in one (1) or more of the
factors that the director may consider in issuing a permit as required by The
Land Reclamation Act , sections
444.760 to
444.790, RSMo, regarding items
such as permitting and reclamation requirements, erosion and siltation control,
excavations posing a threat to public safety, or protection of public road
rights-of-way. Written comments shall be sent to the Director of Staff, Land
Reclamation Program, Department of Natural Resources, at the program's latest
mailing address. All comments and requests for a public meeting must be
submitted in writing to the director 's office within fifteen (15) days of the
last date of publication of the notice;
(I) At the time the application is deemed
complete by the director , the applicant shall also mail letters containing a
notice of intent to operate a surface mine.
1. The applicant shall send the letters
containing a notice of intent to operate a surface mine by certified mail to-
A. The governing body of the counties or
cities in which the proposed area is located; and
B. The last known addresses of all first tier
record landowners whose property is within two thousand six hundred forty feet
(2,640"), or one-half (1/2) mile from the border of the proposed mine plan
area ; and adjacent to the proposed mine plan area , land upon which the mine
plan area is located, or adjacent land having a legal relationship with either
the applicant or the owner of the land upon which the mine plan area is
located.
2. The content
of the notice sent under this subsection shall be the same as the public notice
requirements under subsection (2)(H) of this rule; and
(J) The applicant shall submit proof that-
1. All certified letters required by this
rule have been sent to all applicable parties, as listed above. Receipts
showing that all parties have been properly served shall be submitted to the
program to verify delivery; and
2.
The newspaper ads have been run properly by submitting copies of the affidavits
of publication that states the newspaper has complied with section
493.050, RSMo.
3. Such proof must be provided by the
applicant prior to the director making a decision for approval or denial of the
permit .
(3)
As required by section
444.772, RSMo, any mining permit
covering affected land that has not been totally reclaimed and released from
liability prior to permit expiration must be renewed annually.
(A) The operator shall submit a permit
renewal form furnished by the director for an additional permit year and pay an
annual fee equal to an application fee calculated pursuant to subsection (2)(F)
of this rule, but in no case shall the annual renewal fee for any operator be
more than six thousand dollars ($6,000); except after January 1, 2019 the total
fee shall not be more than seven thousand five hundred dollars ($7,500) and
after January 1, 2021 the total fee shall not be more than nine thousand
dollars ($9,000).
(B) For any
operator of a gravel mining operation where the annual tonnage of gravel mined
by such operator is less than five thousand (5,000) tons, the operator shall
submit an annual permit renewal form furnished by the director for an
additional permit year and pay an annual fee of three hundred dollars
($300).
(C) Upon receipt of the
completed permit renewal form and annual fee from the operator , the director
shall approve the renewal. With approval of the director and operator , the
permit renewal may be extended for a portion of an additional year with a
corresponding prorating of the renewal fee.
(4) If an operation will not expand beyond
its originally permitted area during the next permit year and the method of
operation and reclamation has not changed, a request for renewal, rather than a
complete new application, shall be filed on a form approved by the
commission .
(5) When the operator
desires to add additional acreage to his/her permit or to substantially revise
the methods of operation or reclamation reflected in the original application,
an amended application shall be filed. The application shall comply with all
the items as prescribed in section (2) of this rule.
(6) When one (1) operator succeeds another
operator , the second operator must file a complete application which complies
with all the items prescribed in section (2) of this rule.
(7) If at any time during the permit term an
operator wishes to revise the methods described in an approved operation and
reclamation plan , the operator may file a revision to the plan . A revision must
include:
(A) A complete description of the
revision stating, at a minimum, how the revision changes any of the activities
described in the original operation and reclamation plan ;
(B) Proof that a public notice has been
published, as specified in subsection (2)(H) of this rule; and
(C) A revised map required under paragraph
(2)(E)2. of this rule to eliminate inaccuracies in the original map.
Notes
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