June 14, 2016 - In the Missouri Court of Appeals, Western District, Appeal from the Circuit Court of Miller County, Missouri, signed by Honorable James Edward Welsh

Aug 4, 2015 - Notice of Appeal to the Missouri Court of Appeals in Kansas City concerning the Findings and Judgment dated June 29, 2015, signed by Miller County Circuit Court, Senior Judge, Frank Conley.

Oct. 2, 2013 - Permit Certificate

Magruder Limestone Company Inc. applied for an expansion of its existing permit at a new site in Miller County.  After consideration of all the information gathered at its Sept. 27, 2007 Land Reclamation Commission meeting, the commission members ordered a hearing be conducted before deciding whether to issue the permit expansion.  On July 24, 2008, the Land Reclamation Commission reached a final decision on this matter. In their final decision, the Commission limited the permit area to that area west of the City of Osage Beach sewer line easement. All the area east of the sewer line easement was denied. The full permit application was for 205 acres, the approved area is approximately only about one-third that acreage. The final permit also includes the following five special conditions:

  1. Blasting – All blasting shall be specifically planned, directed and monitored by a licensed blaster under the Missouri Blasting Safety Act and shall only be conducted on weekdays between the hours of 8 a.m. and 5 p.m., Central Standard or Central Daylight Time, as is applicable.
  2. Blasting Distances – Blasting shall not be conducted closer than 200 linear feet to the nearest easement line of the Osage Beach sewer line easement.
  3. Blast Plan – Applicant’s Blast Plan (Exhibit APP – 7) is incorporated by reference as if set out in full in this Order, a copy is attached to this Recommended Order. In the event, modifications of the Blast Plan are deemed necessary by conditions encountered in the mining at the subject quarry, the modifications to the Blast Plan shall be filed with the Land Reclamation Program as part of the file for Permit # 0086.
  4. Seismographs – Multiple seismographs shall be maintained and operated to monitor the Sewer Treatment Plant and the sewer lines. The seismograph records shall be made available to the Joint Sewer Board and the City of Osage Beach for inspection upon reasonable request. The seismograph records shall be made available to the Land Reclamation Program in accordance with any routine or special inspection of the Bowlin Hollow Quarry. An annual report of the seismograph data shall be made to the LRC Program.
  5. Elevation of Mine Floor – The elevation of the floor of the mine (quarry) shall run at or above the grade of the City of Osage Beach’s sewer line easement as it crosses the Magruder property, so that no blasting holes will be drilled to a depth that would be below the elevation of that grade.

The Hearing Officer's full and final recommendation was amended on July 24, 2008 as instructed by the Land Reclamation Commission to limit the permit area and to impose the final special conditions. That final recommendation of the Hearing Officer was then adapted by reference in the Land Reclamation Commission's Final Order: The Final Orders in this matter are as follows:

June 27, 2013 - Hearing Officer's Recommendation - Karen Winn, Administrative Hearing Commission
July 24, 2008 - Hearing Officer's Final Recommended Order - W. B. Tichenor, Hearing Officer
July 24, 2008 - Land Reclamation Commission's Final Order - Land Reclamation Commission

Below are links to the staff director’s original notice of recommendation, letters received from the public and responses to those letters.  Included with the notice is Attachment One.  The staff director’s recommendation is based on the technical merits of the application, along with a summary of the issues the public has raised.

Only the Land Reclamation Commission can ultimately decide whether or not to issue the permit, depending upon its final decision based on the outcome of the formal hearing.  While the program staff can only evaluate the technical merits of the application, the commission may consider factors affecting the health, safety or livelihood of petitioners during the hearing.  The hearing having been completely concluded, the Land Reclamation Commission considered this matter at 2 p.m. July 23, 2008, and at 10 a.m. on July 24, 2008, in Festus, Missouri at the Holiday Inn Express, in the Lincoln Conference Room.  Various other documents and orders for background are also attached below.

July 13, 2007 - Magruder Limestone Company Inc., Expansion (New) Permit Proposal, Lake Ozark Quarry
Feb. 5, 2008 - Magruder Limestone Company Inc., Application
Feb. 5, 2008 - Magruder Limestone Company Inc., Maps
Aug. 5, 2008 - Magruder Limestone Company Application Update

Sept. 10,  2007 - Public Hearing Request

April 18, 2007 - Permit

Received Letters

Response Letters

Senator Purgason's Letter and Response

Court Filing and Response

Hearing Officer Orders

Hearing Transcripts

Judge's Order on Appeal

The official Order and Judgement was signed by Frank Conley, Senior Judge, on April 3, 2009.  Copies of the judgement are available from the Miller County Circuit Clerk, Genise Buechter, P.O. Box 11, Tuscumbia, MO. Phone 573-369-1980.

Land Reclamation Commission Appeal to Judge Conley's Decision

The Land Reclamation Commission decided to appeal Judge Conley's decision to the Western District Court of Appeals.