Division of Environmental Quality

Fruitland Quarries Permit Background

Heartland Materials LLC

Latest Update

The latest information will be posted here.  Please watch this page for documentation, copies of permits or public comments.

Documentation

Strack Excavating LLC

Latest Update

The latest information will be posted here.  Please watch this page for documentation, copies of permits or public comments.

  • April 9, 2014 -- Answer of Respondents
  • Aug. 21, 2013 -- Cape Girardeau County Circuit Court Amended Judgment and Order Pursuant to the Missouri Court of Appeals' decision dated May 14, 2013 and Mandate dated August 15, 2013, this Court hereby vacates its prior Judgment and Order and hereby enters its Amended Judgment and Order in favor of Respondents Missouri Department of Natural Resources and Missouri Land Reclamation Commission and Intervener Strack Excavating, LLC on Petitioner Saxony Lutheran High School's Petition for Judicial Review in the above-styled cause of action. The Final Order of the Missouri Department of Natural Resources Land Reclamation Commission dated September 22, 2011 is hereby affirmed and re-instated in all respects, including, but not limited to, the Missouri Department of Natural Resources Land Reclamation Commission's approval and issuance of the permit to Strack Excavating, LLC. Costs taxed against Petitioner Saxony Lutheran High School, Inc. SO ORDERED. /s/ Wm. L. Syler, Div I Certified copies sent to counsel of record and any unrepresented parties.
  • July 22, 2013 -- Strack Excavating LLC's Suggestions in Opposition to Application for Transfer
  • July 22, 2013 -- Suggestions of Appellant Missouri Land Reclamation Commission in Opposition to Respondent's Application for Transfer
  • July 12, 2013 -- Order to Respond to Transfer Application
  • July 10, 2013 -- Application for Transfer
  • May 28, 2013 -- Respondent's Motion for Rehearing, or in the alternative, Application for Transfer.
  • May 14, 2013 -- Missouri Court of Appeals Eastern District Decision.
  • Jan. 4, 2013 -- Commission Response Brief.
  • Jan. 2, 2013 -- Strack Appellate Brief - Appeal from a Decision of the Missouri Land Reclamation Commission reversed by the Circuit Court of Cape Girardeau County.
  • Dec. 10, 2012 -- Respondent's Opening Brief: Saxony Lutheran High School Appeal from the Circuit Court of Cape Girardeau County
  • Sept. 12, 2012 -- Judgment and Order: The Circuit Court of Cape Girardeau County ruled the commission does not have authority to place conditions on the permit and thereby reversed the decision of the commission to grant Strack Excavating LLC the right to have a permit.  The permit for Site #2 also known as the Fruitland site is vacated by court order.  The order from Cape Girardeau Circuit Court is being appealed to the Eastern District Court of Appeals.  Oral Arguments are scheduled for Febr. 7, 2013.  The actual hearing is scheduled for late February 2013.  
  • May 23, 2012 -- Petitioner's Reply Brief (Case No. 11CG-CC00272) filed on behalf of Saxony Luthern High School in Cape Girardeau county circuit court.
  • May 10, 2012 -- Missouri Department of Natural Resources Response Brief (Case No. 11CG-CC00272).
  • May 9, 2012 - Strack Excavating LLC Response Brief (Case No. 11CG-CC00272)
  • April 11, 2012 -- Petitioner's Opening Brief (Case No. 11CG-CC00272) filed on behalf of Saxony Luthern High School in Cape Girardeau county circuit court.
  • Dec. 2, 2011 -- Answer of State Respondents submitted on behalf of the Land Reclamation Commission by its legal counsel.
  • Nov. 7, 2011 -- Petition for Judicial Review filed on behalf of Saxony Lutheran High School in Cape Girardeau county circuit court concerning the issuance of the mining permit by the Land Reclamation Commission to Strack Excavating.
  • Sept. 22, 2011 -- Sept. 22 Land Reclamation Commission meeting Video - Adoption of hearing officer's final order about Strack Excavating LLC Mining Permit Application.
  • Aug. 24, 2011 -- Proposed Recommended Order from July 5, 6, 7 and 12, 2011 Formal Public Hearing.
  • Aug. 3, 2011 -- Saxony Lutheran High School Inc. voluntary dismissal of Strack Excavating LLC air construction permit appeal.
  • July 12, 2011 -- Strack Excavating LLC Mining Permit Application Formal Hearing Part 1 | Part 2 | Part 3 | Part 4 Video
  • July 7, 2011 -- Strack Excavating LLC Mining Permit Application Formal Hearing Video
    Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6
  • July 6, 2011 -- Strack Excavating LLC Mining Permit Application Formal Hearing Video
    Part 1 | Part 2 | Part 3 | Part 4 | Part 5
  • July 5, 2011 -- Strack Excavating LLC Mining Permit Application Formal Hearing Video
    Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7
  • June 15, 2011 -- Clean Water Act Section 401 Water Quality Certification letter for Strack Excavating LLC, 2011-279/CES002635.
  • May 26, 2011 -- Missouri State Operating Permit MOG491196 issued to Strack Excavating LLC by the department.
  • May 26, 2011 -- Missouri Air Conservation Commission meeting - Strack permit appeal update starts at 24:15. Video
  • May 16, 2011 -- Corps of Engineers permit verification letter for Strack Excavating - "The permit verification letter is for a proposed commercial development along U.S. Highway 61 between Fruitland and Jackson, Cape Girardeau County, Mo. This 22.4 acre site was originally proposed in August 2010 as a quarry overburden disposal site but project plans have since changed. Grading is now proposed to occur within the defined 22.4 acres as a cut/fill situation with the possibility of earthen fill material hauled in from an offsite location. This Nationwide Permit 39 authorizes a 0.17 acre wetland fill associated with the proposed project. Compensatory mitigation has been approved out of watershed at an approved wetland mitigation bank and an increased compensation ratio has been assigned.

    This project requires individual 401 water quality certification from the Missouri Department of Natural Resouces' Water Protection Program.

  • April 1, 2011 -- J. W. Strack has an approved Missouri Department of Natural Resources land disturbance permit to excavate and sell topsoil and/or fill dirt on approximately 20-acres of his property north of Saxony Lutheran High school in Fruitland.  The area of this proposed excavation is outside of his proposed mine plan area filed with the Missouri Department of Natural Resources' Land Reclamation Program (see map).  This topsoil removal activity is not approved for a small wetland area near Highway 61 on the same property.   In addition, Strack Excavating is proposing to fill in the 0.17-acre wetland area under the jurisdiction of the U. S. Army Corps of Engineers.  If Mr. Strack conducts any borrow activities within or plans on filling the wetland as part of his operation on the 20-acres he will need a 404 Permit from the U. S. Army Corps of Engineers.  If the Corps has to issue a 404 permit that will trigger the need for the department’s Water Protection Program to evaluate the project for issuance of Section 401 water quality certification.

    Note icon.Note: The department understands the possibility of confusion on the part of the citizens in the community as a result of this activity.  If you have questions concerning the department’s water protection permitting requirements concerning this operation, contact the Southeast Regional Office by telephone at 573-840-9750.      

  • March 11, 2011 -- Strack Excavating water permit application public notice comment response letter..
  • Feb. 26, 2011 -- Bart Tichenor is selected as hearing officer and starts work to review the case for the Strack Excavating hearing.
  • Feb. 7, 2011 -- The Land Reclamation Commission met via conference call at 10:30 a.m. on Feb. 7 to announce results of a closed session of the commission held earlier in the morning. The closed session followed hearing requests about the Strack Excavating mining permit application at the Jan. 27, 2011 Land Reclamation Commission meeting. The commission determined Saxony Lutheran High School had standing as defined by the regulations and approved a request for a public hearing based on information provided that health and livelihood would be unduly impaired by the issuance of the mining permit. The commission's ultimate decision regarding the hearing requests was determined by examining the mining plan of the applicant. The Strack mining plan only included a 55 ft. buffer distance between the mining area and the school property line. The commission denied hearing requests from Save Our Children's Health Inc. and Public Water Supply District No. 1.
    Following the commission's approval of the hearing request, the department will hire an independent hearing officer. The hearing officer will review the case and schedule a hearing.  Watch this page for updates about when the hearing will be held. The hearing officer will provide recommendations to the Land Reclamation Commission following the public hearing and reviewing the case. The commission will then ultimately decide the fate of the permit after reviewing the hearing officer's recommendations.

    Audio Meeting Minutes Length - 10:03 Audio icon.
  • Jan. 27, 2011 - The Land Reclamation Commission meeting is held in Jefferson City. A request for a public hearing about the Strack Excavating mining permit was on the agenda. After hearing from the public and Strack Excavating, LLC representatives, the commission voted to go into closed session.

    Audio Meeting Minutes
    Part 1 Length - 02:04:35 Audio icon.
    Part 2  Length - 16:21 Audio icon.
    Part 3  Length - 01:00:45 Audio icon.
    Part 4 Length - 01:32:36 Audio icon.
  • Jan. 14, 2011 -- DNR posts draft Strack Excavating water operating permit # MOG491196 and public notice on the Web. The public comment period is open for 30 days.  Comments must be received or postmarked by 5 p.m. on Feb. 13, 2011.

Documentation

Because quarry operations involve mining, air quality and water quality, the Missouri Department of Natural Resources requires several permits related to mining, air protection and water protection. Each of these permits is administered through a different program within the department: Land Reclamation Program, Air Pollution Control Program and Water Protection Program. A brief description of each of these permits is available in How to Obtain Quarry Permits in Missouri--PUB2404.

Open Pit Mining Permit Process

A prospective mine operator submits a permit application, a mine plan, consent to entry, maps, and a bond to the Missouri Department of Natural Resources. Information includes areas to be mined, mining operations and plans for reclamation.

After the department deems the application complete the company will run a newspaper advertisement, once a week for four consecutive weeks, announcing intent to operate a surface mine. The public notice comment period starts on the first day the advertisement is ran in the newspaper and ends fifteen days following the last date of publication. The company will also send certified letters to any neighbor whose property is considered contiguous or adjacent to the proposed mine plan boundary.  The operator will also send notice of intent to operate a surface mine by certified mail to the governing body of the county or city in which the proposed area is located. During the public notice comment period, petitioners may submit comments, request a public meeting and or request a formal hearing.  Following the end of the public notice comment period, three things can happen.

  1. If there is no opposition the department issues the permit.
  2. The public can request the company hold an informal public meeting. The applicant has a right to respectfully decline to hold such a meeting. If a meeting is held, it is strictly informal; however, if the public meeting does not result in resolution, petitioners requesting the meeting have the right to request a formal hearing. Following the meeting, the staff director prepares a recommendation to the commission for approval or denial of the permit.
  3. If the public requests a meeting but the company declines not to hold one, people requesting the meeting may request a hearing if they have not already done so within fifteen days of being notified of the applicants decision to decline the public meeting.  The staff director then prepares a recommendation to the commission for approval or denial of the permit. The commission will decide whether or not the petitioner has standing to be granted a public hearing. If a hearing is granted by the commission then the commission ultimately decides the fate of the permit after the results of the hearing are submitted to the commission by the hearing officer.

Status of mining applications for Jackson/Fruitland area

Sept. 9, 2013 -- Heartland Materials Case Dismissed Letter

Aug. 21, 2013 -- Cape Girardeau County Circuit Court AMENDED JUDGMENT AND ORDER Pursuant to the Missouri Court of Appeals' decision dated May 14, 2013 and Mandate dated August 15, 2013, this Court hereby vacates its prior Judgment and Order and hereby enters its Amended Judgment and Order in favor of Respondents Missouri Department of Natural Resources and Missouri Land Reclamation Commission and Intervener Strack Excavating, LLC on Petitioner Saxony Lutheran High School's Petition for Judicial Review in the above-styled cause of action. The Final Order of the Missouri Department of Natural Resources Land Reclamation Commission dated September 22, 2011 is hereby affirmed and re-instated in all respects, including, but not limited to, the Missouri Department of Natural Resources Land Reclamation Commission's approval and issuance of the permit to Strack Excavating, LLC. Costs taxed against Petitioner Saxony Lutheran High School, Inc. SO ORDERED. /s/ Wm. L. Syler, Div I Certified copies sent to counsel of record and any unrepresented parties.

Aug. 26, 2013 -- Stipulation for Dismissal

Aug. 13, 2013 -- Recommendation to deny petitioner's and applicant's request to incorporate the settlement agreement and dismiss the subject appeal

July 19, 2013 -- Applicant Heartland Materials LLC's Suggestions in Support of Motion to Dismiss Appeal

July 17, 2013 -- Respondent's Suggestions in Opposition to Motion to Approve Settlement Agreement

July 12, 2013 -- Order to Respond to Transfer Application

July 10, 2013 -- Application for Transfer

July 3, 2013 -- Order granting leave for each party to file a pleading regarding the recommendation the hearing officer will make to the Land Reclamation Commission concerning the proposed settlement between Heartland Materials LLC and Saxony Luthern High School and Save Our Childrens Health Inc.

June 28, 2013 - Joint Motion of Saxony Luthern High School and Save Our Childrens Health Inc and Heartland Materials LLC to Dismiss the Subject Appeal.

June 27, 2013 -- Settlement Agreement.

May 28, 2013 -- Respondent's Motion for Rehearing, or in the alternative, Application for Transfer.

May 23, 2013 -- Hearing Order Schedule - A public hearing is scheduled for Sept. 16 through 24, 2013 in Hearing Room 1 in the State Capitol building in Jefferson City.

May 14, 2013 -- Missouri Court of Appeals Eastern District Decision.

Feb. 6, 2013 -- The Land Reclamation Program issued permit number 1072.

Feb. 6, 2013 -- Cole County Circuit Court Preliminary Order in Mandamus.

Jan. 18, 2013 -- The Land Reclamation Commission determined that a hearing will be held. The Administrative Hearing Commission will be asked if it will hear the case.

Jan. 15, 2013 -- The Western District Court of Appeals ruled in favor of Saxony Lutheran High School and Save Our Children’s Health, Inc. The Court of Appeals rules: The judgment of the trial court is affirmed, and consistent with that judgment, the Commission is directed to conduct a formal public hearing in accordance with 10 CSR 40- 10.080 and as otherwise consistent with this opinion. The Western District Court of Appeals ruled that since a public meeting was not held and that Saxony and Save Our Children’s Health did submit enough scientific evidence to be granted a hearing, that the commission should have held such a hearing. There was no stay or vacation of the permit, therefore Heartland Materials may continue with mining until otherwise notified. The appellate court declined to rule for attorney fees and expenses for Saxony and Save Our Children’s Health, instead, remanded the issue to trial court. The Land Reclamation Commission will meet in a closed session conference call on Friday Jan. 18, 2013 at 10 a.m. to discuss its options.

Jan. 15, 2013 -- Heartland Materials LLC Missouri Court of Appeals Western District Opinion

Jan. 15, 2013 -- Missouri Court of Appeals Western District Order

Jan. 4, 2013 -- Commission Response Brief.

Jan. 2, 2013 -- Strack Excavating LLC Appellate Brief - Appeal from a Decision of the Missouri Land Reclamation Commission reversed by the Circuit Court of Cape Girardeau County.

Dec. 10, 2012 -- Respondent's Opening Brief: Saxony Lutheran High School Appeal from the Circuit Court of Cape Girardeau County

May 23, 2012 -- Petitioner's Reply Brief (Case No. 11CG-CC00272) filed on behalf of Saxony Luthern High School in Cape Girardeau county circuit court.

May 10, 2012 -- Missouri Department of Natural Resources Response Brief (Case No. 11CG-CC00272)

May 9, 2012 - Strack Excavating LLC Response Brief (Case No. 11CG-CC00272)

April 11, 2012 -- Petitioner's Opening Brief (Case No. 11CG-CC00272) filed on behalf of Saxony Luthern High School in Cape Girardeau county circuit court.

Dec. 2, 2011 -- Answer of State Respondents submitted on behalf of the Land Reclamation Commission by its legal counsel concerning the Nov. 7, 2011 Petition for Judicial Review..

Dec. 2, 2011 -- Motion to Amend Judgment submitted on behalf of the Land Reclamation Commission by its legal counsel concerning the issuance of the mining permit by the Land Reclamation Commission to Heartland Materials LLC.

Nov. 7, 2011 -- Petition for Judicial Review filed on behalf of Saxony Lutheran High School in Cape Girardeau county circuit court concerning the issuance of the mining permit by the Land Reclamation Commission to Strack Excavating LLC .

Nov. 4, 2011 -- Cole County Judgment Order.

Aug. 24, 2011 -- Proposed Recommended Order from July 5, 6, 7 and 12, 2011 Formal Public Hearing.

Aug. 15, 2011 -- A Motion for Summary Judgment was filed in the Cole County Circuit Court, which moves the Aug. 10 Petition for Judicial Review hearing to Nov. 2, 2011.

Aug. 3, 2011 -- Saxony Lutheran High School Inc. voluntary dismissal of Strack Excavating LLC air construction permit appeal.

July 19, 2011 -- Saxony Lutheran High School Inc. voluntary dismissal of Heartland Materials LLC air construction permit appeal.

July 5, 6, 7, 12. 2011 - Strack Excavating LLC Mining Permit Application Formal Hearing video posted on the Web.

June 15, 2011 -- Clean Water Act Section 401 Water Quality Certification letter for Heartland Materials, 2010-702/CES002640 and Clean Water Act Section 401 Water Quality Certification letter for Strack Excavating, 2011-279/CES002635 posted on the Web.

May 26, 2011 -- Missouri State Operating Permit MOG491196 issued to Strack Excavating LLC by the department.

May 16, 2011 -- Corps of Engineers permit verification letter for Strack Excavating posted on the Web.

April 21, 2011 -- The department issued National Pollutant Discharge Elimination System, or NPDES, permit MOG491197 to Heartland Materials LLC on April 21 after the U.S. Army Corps of Engineers determined there are no wetlands on the Heartland Materials property.  This permit authorizes stormwater and process water discharges.

April 11, 2011 -- Two requests will be presented to Judge Daniel Green in Cole County Circuit Court. Heartland Materials will ask to intevene in the Petition for Judicial Review filed by Saxony Lutheran High School concerning decisions made by the Land Reclamation Commission following the commission's meeting on Jan. 27, 2011. Saxony's attorney is requesting a stay on the permit issued to Heartland Materials to engage in surface mining.

March 11, 2011 -- Heartland Materials water permit application public notice comment response letter and Strack Excavating water permit application public notice comment response letter.

March 7, 2011 -- Petition for Judicial Review: Challenge of the Missouri Land Reclamation Commission's Decision to grant the permit to Heartland Materials LLC.

Feb. 26, 2011 -- Bart Tichenor is selected as hearing officer and starts work to review the case for the Strack Excavating hearing.

Feb. 7, 2011 -- Heartland Materials LLC permit to engage in surface mining.

Feb. 7, 2011 -- The Land Reclamation Commission met via conference call at 10:30 a.m. on Feb. 7 to announce results of a closed session of the commission held earlier in the morning. The closed session followed hearing requests about the Heartland Materials and Strack Excavating mining permit applications at the Jan. 27, 2011 Land Reclamation Commission meeting.

Heartland Materials - The commission denied the Saxony Lutheran High School’s hearing request for the Heartland Materials mining permit application. The commission's ultimate decision regarding the hearing request was determined by examining the mining plans of the applicant. Heartland Materials mining plan included a self-imposed buffer distance of 1,100 ft. from the mining area to the school property line with a plan to mine in a direction away from the school. After the Missouri Land Reclamation Commission reads written and/or hears oral arguments from a petitioner as to whether a party is granted standing, the commission makes an administrative decision to either grant or deny a formal hearing concerning the issuance of a mining permit application.  Administratively, the Land Reclamation Commission is the only agency of state government that can make this final decision.  The commission's decision can then be appealed to a civil court and then further appeals as desired by either party.  For parties that are not granted a hearing concerning a Land Reclamation Commission permit application, those parties have a right to appeal that decision as awarded by regulation at 10 CSR 40-10.080 (3) (H):
"(H) Any decision of the commission made pursuant to this rule is subject to judicial review as provided in Chapter 536, RSMo. No judicial review shall be made available until all administrative remedies are exhausted."

Strack Excavating - The commission determined Saxony Lutheran High School had standing as defined by the regulations and approved a request for a public hearing based on information provided that health and livelihood would be unduly impaired by the issuance of the mining permit. The commission's ultimate decision regarding the hearing request was determined by examining the mining plan of the applicant. The Strack Excavating mining plan only included a 55 ft. buffer distance between the mining area and the school property line. The commission denied hearing requests from Save Our Children's Health Inc. and Public Water Supply District No. 1. Following the commission's approval of the hearing request, the department will hire an independent hearing officer. The hearing officer will review the case and schedule a hearing.  Watch this page for updates about when the hearing will be held. The hearing officer will provide recommendations to the Land Reclamation Commission following the public hearing and reviewing the case. The commission will then ultimately decide the fate of the permit after reviewing the hearing officer's recommendations.

Feb. 3, 2011 -- DNR posted the agenda for the Feb. 7, 2011 conference call meeting of the Land Reclamation Commission.

Jan. 27, 2011 -- The Land Reclamation Commission meeting is held in Jefferson City. A request for a public hearing about the Heartland Materials and Strack Excavating mining permits was on the agenda.  After hearing from the public and Heartland Materials and Strack Excavating representatives, the commission voted to go into closed session.

Jan. 24, 2011 -- DNR sent a news release about the Jan. 27 Land Reclamation Commission meeting.

Jan. 13, 2011 -- DNR posted the Heartland Materials hearing request packet and Strack Excavating hearing request packet to the Web.

Jan. 13, 2011 -- DNR posted the Staff Director's Recommendation and Information for the Strack Excavating mining permit application for the Jan. 27, 2011 meeting of the Land Reclamation Commission.

Jan. 7, 2011 -- DNR posted the Staff Director's Recommendation and Information for the Heartland Materials mining permit application and agenda for the Jan. 27, 2011 meeting of the Land Reclamation Commission.

Dec. 3, 2010 -- DNR sent a letter to Strack Excavating LLC requesting a public meeting.  A copy of that letter and their response is available online.

Nov. 29, 2010 -- DNR sent a letter to Heartland Materials LLC requesting a public meeting.  A copy of that letter and their response is available online.

Nov. 29, 2010 -- The Strack Excavating LLC mining application has been reviewed and posted to the Web.  The official public notice period begins on Friday, November. 26, 2010 and will run for the next 45 days until January 2.  This public comment period is on Strack Excavating LLC's application.

Oct. 26, 2010 -- Additional Heartland Materials LLC documentation has been reviewed and posted to the Web. The Heartland application has been posted along with the Heartland detail map being replaced.  The Heartland location map and the Heartland reclamation plan have been posted.   The official public notice period begins on Wednesday, Oct. 27, 2010 and will run for the next 45 days until December 2.  This public comment period is on Heartland Materials LLC's application and not for Strack Excavating LLC at this time.

Oct. 19, 2010 the Missouri Department of Natural Resources' Land Reclamation Program received a 76-acre (long term mine plan boundary) limestone open pit mining application from Strack Excavating LLC.  We are posting only the detail map at this time.  We request that all interested parties please be patient until the entire permit application is deemed complete.  When the department deems this application complete, we will then post the entire application on this Web page for review.

Oct. 4, 2010 the Missouri Department of Natural Resources' Land Reclamation Program received an 161-acre (long term mine plan boundary) limestone open pit mining application from Heartland Materials LLC.  We are posting only the detail map at this time.  We request that all interested parties please be patient until the entire permit application is deemed complete.  When the department deems this application complete, we will then post the entire application on this Web page for review.

Air Permits Process

A facility first submits a permit application and associated forms with a filing fee to the Missouri Department of Natural Resources. Information needed with these forms includes a drawing of the site layout, a listing of process equipment that will be used and the rated design performance of the equipment. Facilities will also need to report the expected annual rock production at the site.

After review of the completed application, the department will draft a permit for the facility to review and comment on. If both sides are in agreement with the permit and the conditions of the permit, the department will issue the permit after the permit review fees are paid.

In addition to a construction permit, an operating permit may also be required. Operating permits are required if a facility has large potential emissions or if any equipment is subject to the New Source Performance Standards, or NSPS. A facility may need a permit if there are plans to make changes at an existing quarry and stone operation.

Status of current air permit applications for Jackson/Fruitland area.

Jan. 6, 2011 -- The Air Pollution Control Program issued an air construction permit to Heartland Materials LLC.  This permit was issued in accordance with Section (5) of Missouri State Rule 10 CSR 10-6.060, Construction Permits Required, and contains special conditions to ensure compliance with this rule.

Dec. 27, 2010 -- The Air Pollution Control Program issued an air construction permit to Strack Excavating.  This permit was issued in accordance with Section (5) of Missouri State Rule 10 CSR 10-6.060, Construction Permits Required, and contains special conditions to ensure compliance with this rule.

Nov. 5, 2010 the Heartland Materials LLC air permit application was deemed complete and posted to the Web.

Nov. 3, 2010 the department's Air Pollution Control Program received a construction permit application from Heartland Materials LLC for a proposed rock crushing plant in Jackson, Missouri. Staff are currently reviewing the air permit application, calculating the potential air emissions of the equipment and determining if the facility, as proposed, will comply with air quality standards. Because of the classification for this type of application, there is no public comment period.

Oct. 20, 2010 - No application received yet for Heartland Materials LLC.

July 29, 2010  the department's Air Pollution Control Program received a construction permit application from Strack Excavating, for a proposed rock crushing plant in Jackson, Missouri. Staff are currently reviewing the air permit application, calculating the potential air emissions of the equipment and determining if the facility, as proposed, will comply with air quality standards. A draft permit for Strack is expected to be ready for applicant review and comment in the near future. Because of the classification for this type of application, there is no public comment period.

Water Permit Process

A water permit is required for rock quarry stormwater and process wastewater discharges. Upon receipt, the department's Water Protection Program will review the application and hold a 30-day public comment period. After the public comment period, the department will either approve or deny the application.

The State if Missouri also requires a 401 Certification for any project that needs a federal 404 permit from the U.S. Army Corps of Engineers. A federal 404 permit is required when construction activities may result in a discharge of dredged or fill material into waters of the United States. Upon receipt of the application, the Corps and the department will hold a joint 30-day public comment period. After the comment period, the Corps may request issuance of the certification. The department will then issue, issue with special conditions, or deny the certification.

Status of current water permit applications for Jackson/Fruitland area.

Jan. 14, 2011 -- DNR posts draft Heartland Materials water operating permit #MOG491197 and public notice and draft Strack Excavating water operating permit # MOG491196 and public notice to the Web. The public comment period is open for 30 days.  Comments must be received or postmarked by 5 p.m. on Feb. 13, 2011.

Dec. 20, 2010 - Heartland Materials water permit application posted to the Web.  Water Protection Program Central Office received the Form E general permit application for the Heartland Materials proposed quarry in Fruitland on Dec. 17.  It was forwarded and received by the Southeast Regional Office on Friday, Dec. 17. The regional office is currently reviewing the permit application.  After the application review process is complete it will be placed on a 30-day public notice period during which the department will accept public comments.

Dec. 17, 2010 - Strack Excavating water permit application posted to the Web.  Water Protection Program Central Office received the Form E general permit application for the Strack Excavating proposed quarry in Fruitland on Dec. 9.  It was forwarded and received by the Southeast Regional Office on Tuesday, Dec. 14. The regional office is currently reviewing the permit application.  After the application review process is complete it will be placed on a 30-day public notice period during which the department will accept public comments.

Oct. 20, 2010 - No water permit applications have been submitted yet for either of these projects.

U.S. Army Corps of Engineers Permit Public Notices