PURPOSE: This rule sets forth requirements for permit application pursuant to sections 444.770, 444.772 and 444.778, RSMo.

1. (1) Operations Required to Have Permits. Any person, firm, or corporation engaged in or controlling surface mining of industrial minerals in areas opened on or after January 1, 1972, must obtain a permit from the Missouri Mining Commission in accordance with section 444.770.1. and 444.770.2., RSMo. The effective date for having to obtain a permit for minerals not covered previously under the provisions of the Land Reclamation Act, as amended is August 28, 1990.

   1. (A) After August 28, 1990, surface mining for the following industrial minerals shall require a permit:

      1. 1. Gravel;
      2. 2. Limestone;
      3. 3. Granite;
      4. 4. Traprock;
      5. 5. Tar sands;
      6. 6. Clay;
      7. 7. Barite;
      8. 8. Sandstone;
      9. 9. Oil shale;
      10. 10. Sand;
      11. 11. Shale; and
      12. 12. All others as defined in 444.765(11), RSMo.

2. (2) Operations Not Required to Obtain a Missouri Mining Permit.

   1. (A) These regulations do not apply to iron, lead, zinc, gold, silver, coal, water, fill dirt, natural oil, or gas.

   2. (B) Surface mining for industrial minerals may be conducted without a permit by any—

      1. 1. Individual for personal use only; and
      2. 2. Political subdivision including, but not limited to,

county, city, state, or branch of the military which uses its own personnel and equipment to obtain minerals for its own use.

AUTHORITY: sections 444.767, 444.770, and 444.784, RSMo 2016.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed March 26, 2018, effective Nov. 30, 2018. *Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.770, RSMo 1971, amended 1990, 2001, 2009, 2014; and 444.784, RSMo 1971, amended 1990, 2001.