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 Land Reclamation 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 444.765.4.,

RSMo.

1. (2) Operations Not Required to Obtain a Land Reclamation 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.

1. (C) As stated in section 444.770.4., RSMo, any portion of a surface mining operation which is subject to sections 260.200–260.245, RSMo, and the associated regulations on solid waste disposal will not be required to obtain a surface mining permit. Any permits already issued for a surface mining operation will be canceled by the Land Reclamation Commission if the operator shows that s/he has received and initiated operations under a solid waste permit for the same area. This submittal shall consist of a letter from the Waste Management Program showing issuance of a solid waste disposal permit or sanitary landfill permit and include the legal description of the site(s), the effective date and expiration date of the permit, the date that disposal began and plans for closure and post-closure.

2. (D) For surface mine operations initiated after September 28, 1971 that are controlled by a governmental agency whose regulations require the mining and reclamation operation to comply with standards that are greater than or equal to the standards in section 444.774, RSMo of the Land Reclamation Act these operations are—

   1. 1. Not subject to the permitting require-

ments under sections 444.760–444.790, RSMo; and

1. 2. Required to register with the Land

Reclamation Commission prior to operating. Registration will consist of providing—

1. A. The name of the governmental

agency conducting the surface mine operations and the legal description of the operations;

1. B. A copy of the law and rules which

are applicable to the operation; and

1. C. A description of the operation.
2. (E) In-stream sand and gravel dredging operations in the Missouri and Mississippi Rivers which are regulated by the Department of the Army, Corps of Engineers, under section 10 of the 1899 Rivers and Harbors Act, and/or section 404 of the Clean Water Act shall register with the Land Reclamation Commission by furnishing a copy of their current Department of the Army permit and supporting documents to the commission within thirty (30) days after the effective date of these regulations (February 6, 1992) or within thirty (30) days after issuance of a Department of the Army permit, whichever occurs first. Thereafter, these operations shall register on January 1 or each year so long as the operation is active.

AUTHORITY: sections 444.767, RSMo Supp. 1993, 444.770 and 444.784, RSMo Supp. 1990.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994.

*Original authority: 444.767, RSMo 1971, amended 1990, 1993; 444.770, RSMo 1971, amended 1991; and 444.784, RSMo 1971, amended 1991. 10 CSR 40-10