PURPOSE: This rule sets forth the requirements for review of the application, the approval and denial process and hearing requirements pursuant to section 444.773, RSMo.

1. (1) If the director does not respond to a permit application within forty-five (45) days of receipt, the application shall be deemed complete.

2. (2) The director shall make a determination on an application within four (4) weeks after the public comment period provided in 10 CSR 40-10.020(2) expires. The recommendation will be to either issue or deny.

   1. (A) The director shall make a recommendation on a permit application based on the following:

      1. 1. The application’s compliance with

section 444.772, RSMo;

1. 2. The application’s compliance with 10

CSR 40-10.020;

1. 3. Consideration of any written com-

ments received during the public notice period from persons who have a direct personal interest in one (1) or more of the factors the commission is required to consider in issuing a permit; and

1. 4. Whether the operator has had a per-

mit revoked, a bond forfeited and has not 10 CSR 40-10

caused the revocation or forfeiture to be corrected to the satisfaction of the commission.

1. (B) If the director recommends a denial, the applicant may request a hearing, as provided for in 10 CSR 40-10.080(1)(A).
2. (C) If the director recommends approval of the application, the permit shall be issued without a hearing, unless a petition is received as provided for in 10 CSR 40- 10.080(3)(B).

1. (3) The director may approve a variance to a permit application or permit amendment when the operation, reclamation or conservation plan deviates from the requirements of sections 444.760–444.790, RSMo and these rules if it can be demonstrated by the operator that—

   1. (A) Conditions present at the mine location warrant the exception;
   2. (B) The protection of the health, safety and livelihood of the public is not reduced;
   3. (C) There is no additional effect to the landowner’s or adjacent landowner’s property than the effects under a normal permit;
   4. (D) The protection afforded by sections 444.760–444.790, RSMo is not reduced;

   5. (E) The procedure to be used in the review of a request for a variance shall be as follows:

      1. 1. The operator shall identify on a map

the location of the area(s) that the variance request applies. Such map shall comply with the requirements of 10 CSR 40-10.020(2)(E); and

1. 2. The operator shall list the number of

acres involved in the variance request area, the dates that work is to commence and is to be completed, and the nature of the variance request; and

1. (F) If the director recommends a denial of the variance, the applicant may request a hearing, as provided for in 10 CSR 40- 10.080(1)(A).

AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp. 2004.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994. Amended: Filed April 1, 2004, effective May 30, 2005.

*Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.