Open Pit Operations Permit Application Guidance

Land Reclamation Program fact sheet
06/2014
Division of Environmental Quality Director: Leanne Tippett Mosby
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Form applications and other items to submit
The table below summarizes the items that require completion and submittal for various industrial mineral permitting activities. An “X” indicates a required form or item. Form description is available in the section listed next to the form name. For more information or forms call 573-751-4041 or visit the department’s website at www.dnr.mo.gov/forms/index.html.

Please address all permitting information to:
Land Reclamation Program
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102-0176


Required Form or Item

Permit Actions*

New Permit

Renewal

Revision

Amendment

Expansion

Transfer

Section A

780-1007

Permit Application for Industrial Mineral Mines

X

X

X

 

X

X

Section B

780-1327

Mine Plan Form

X

 

X

 

X

X

Section C

780-1928

Company Information Form

X

 

 

 

 

X

Section D

 

 

780-0016

 

780-0936

 

780-1472

 

780-0015

Bonding Forms (if required)

Surety Bond – Surface Mining of Minerals

 

Personal Bond Secured by a Certificate of Deposit

 

Personal Bond Secured by a Letter of Credit

 

Confirmation of Irrevocable Letter of Credit

X

 

 

 

X

X

Section E

780-1333

Permit Transfer Form

 

 

 

 

 

X

Section F

780-1885

Annual Status Report

 

X

 

 

 

 

 

 

 

Section G

 

Maps - Locator and Detail

X

 

X

X

X

X

Section H

 

Public Notice Templates

X

 

X

 

X

X

*Permit Action Definitions
New Permit – When applying for a new permit from the Land Reclamation Program.
Renewal – For annual renewal of a permit that has not been totally released of liability by the Land Reclamation Program.
Amendment – To add acreage that has already been identified in a mine plan form and public notice to a site.
Expansion – To add acreage not identified in the Sand and Gravel Excavation Plan or public notice to a site. Expansions are also used to add a new site to a current permit.
Revision – To significantly revise the methods described in an approved operation or reclamation plan, which will require another public notice.
Transfer – To transfer a permit or site from one corporate entity to another entity.

Section A: PERMIT APPLICATION AND RENEWAL FOR INDUSTRIAL MINERAL MINES (MO 780-1007) www.dnr.mo.gov/forms/780-1007-f.pdf
This form must be submitted for all applications.

The first page consists of basic information about the operator, permitted acreage and industrial mineral fees. First, enter the required basic information about the permitee. Then, mark the applicable box or combination of boxes listed near the top of the form to indicate what permit action you are requesting: Renewal, Amendment, Revision, Expansion, Transfer or New Permit. Finally, enter each site held by the permit, marking the number of permitted acres by rounding up to the nearest whole number and total the industrial mineral fees.

The second page consists of the Geologic Resource Fee and Bonding worksheets. All permitting actions, in addition to the calculation of fees and bonding are based on total permitted area calculated on the first page. All open pit quarries must calculate their geologic resource fees. Finally, sign and date the form when completed.

The geologic resource fees can be combined with the industrial mineral fees on one check or separate checks for each may be sent.

Make checks payable to the “Department of Natural Resources, Land Reclamation Program”.

Industrial Mineral Fees
The maximum total industrial mineral fee for any permit application is $3,000 per application.

Annual Permit Fee

Site Fee(s)

Acreage Fee(s)

Geologic Resource Fees
The maximum total geologic resource fee for any permit application is $3,500 per year.

Annual Fee

Site Fee(s)

Acreage Fee(s)

Bonding
If adequate bonding is already posted, check box and sign document.

Open pit sand and gravel operators mining less than 5,000 tons per year must be bonded at $500 per acre.

All other open pit operators shall be bonded at the rate of $8,000 for the first 8 acres and $500 for each additional acre.

Signature Required
Permit application must be signed and dated. By this action, the signatory certifies that all statements on the permit application are true to the best of his or her knowledge.

Section B: MINE PLAN (MO 780-1327) www.dnr.mo.gov/forms/780-1327-f.pdf
The Mine Plan form must be submitted for all permit applications except renewals or amendments. A separate mine plan must be submitted for each site.

The mine plan is a five page document that lists the landowners, mineral rights owner with legal right to mine, and describes the condition of the areas to be mined, the method of operation and plans for reclamation at a site. A separate page one must be completed for each different landowner, or when a landowner has changed.

Each site will have either a Short Term or Long Term Mine Plan.

Short-Term Mine Plan
This plan describes the mining and reclamation operations that will be done during one year. A short term mine plan is for operators who plan on conducting mining operations for a period of only one year or less.

Long-Term Mine Plan
All permits are issued for a 12-month period. An operator who wishes to submit only a renewal and avoid having to prepare the required forms and application for a new permit every year should provide a long-term mine plan. If Long Term was marked, give the date the mining operations plan to operate. This date should be the same as the mining end date listed in the public notice. There is no limitation on the number of years that a mine may operate.

The description of mining activities in a long-term mine plan must cover all operations to be conducted throughout the period chosen. For example, if a period of five years is chosen, then the mine plan must describe all activities that will take place during that five year period.

Landowner
Print name, signature, address and phone number with area code of landowner. The landowner must sign the form.

Mineral Rights Owner
Print name, address ad phone number with area code of Mineral Rights Owner if different than Landowner.

Legal Right To Mine
Check the box that matches the type of agreement to mine, whether the site conforms to the county’s planning and zoning requirements, and if the proposed mine plan boundary will be within 1,000 feet of any real property where an accredited school has been located.

Landowner Signature Required
A complete copy of the mine plan must be provided to each landowner. By signing the mine plan, the landowner is acknowledging that they agree to the post mine land use, seed mixtures, and that they give consent to entry for the purpose of making field inspections.

Performance Standards
This section is comprised of 11 categories that describe how the site appeared prior to mining, how the site will be operated and how the site will be reclaimed.

Lateral Support Requirements
If excavations will be closer than 50 feet of any public road right-of-way, has a variance been obtained?

Safety Barrier Requirements
If excavations will be closer than 50 feet of any property boundary, will a safety barrier at least 3 feet in height be constructed?

Acid Forming Material Requirements
How will acid forming materials be handled if present?

Topsoil Requirements
Questions about the amount, handling and sale of topsoil.

Overburden Requirements
Questions about the stockpiling and seeding of overburden.

Spoil Requirements
Will spoil be stored on site?

Post-mining Land Uses
Check all that apply, indicating the number of acres in each category.

Grading Requirements
Questions to describe the pre-mine condition of the mine site and the intended post-mine condition.

Timing of Reclamation
Reclamation must begin one year after the last mining has occurred, and be completed within two years.

Revegetation Plan
One plan must be completed for each post mine land use (Wildlife, Agricultural, Development and Water Impoundment).

Substitution of Previously Mined Land For Reclamation
Substitute previously mined lands for actual mine plan area for reclamation.

Applicant Signature
Each mine plan must be signed by the applicant and notarized.

By this action, the applicant certifies:

Section C: COMPANY INFORMATION FORM (MO 780-1928) www.dnr.mo.gov/forms/780-1928-f.pdf
This form must be completed with new permit and transfer applications.

This form consists of two pages and lists information about the applicant.

Company Information Section
The company information section describes the company management personnel who have the responsibility to comply with laws administered by the Land Reclamation Program.

Permit Information
Applicant must identify permits held by the applicant and issued by the Missouri Land Reclamation Program.

The Company Information Form must be signed and dated. By signing this form, the applicant verifies all statements on the permit application are true to the best of his or her knowledge.

Section D: BONDING FORMS
Bonding forms must be completed for the following applications: new permits, amendments, expansions and transfers.

The Bonding amount for open pit sand and gravel operators less than 5,000 ton per year is $500 per acre.

For all other open pit operations, the bond must be calculated. An initial bond of $8,000 that covers the first 8 acres of permitted area must be filed. (This applies to the permit, not per site.) Each additional acre permitted over 8 acres shall be bonded at $500 per acre. Multiple sites totaling 8 acres or less may be covered by a single $8,000 bond if they are part of a single permit.

The bond amount must be payable to the State of Missouri and remain in effect until the mined acreages have been reclaimed and released by the Land Reclamation Commission or Director. Permit holders may replace existing bonds with replacement bonds at any time. Existing bonds will not be released until the permittee has submitted and the director has approved acceptable replacement bonds.

The following are the types of bonds accepted by the Land Reclamation Program.

Surety Bond - Surface Mining of Minerals (MO 780-0016) www.dnr.mo.gov/forms/780-0016-f.pdf
The applicant should enter his or her name and address and the Surety Bond Company should enter its name and address.

Enter the dollar amount of the surety.

Enter the day, month and year the surety bond was created.

Enter the number of acres covered by the surety bond.

Enter the permit number of the applicant. If the applicant does not have a permit number, contact the Land Reclamation Program at 573-751-4041 to have one assigned.

The form must be signed and notarized by the applicant and the surety company.

Below the surety’s notary, the surety company should enter the contact information requested.

The surety bond must be submitted with a Power of Attorney.

Surety bond amounts can be increased and decreased through a surety rider.

Personal Bond Secured by a Certificate of Deposit (MO 780-0936) www.dnr.mo.gov/forms/780-0936-f.pdf
Enter the permittee’s name, address and the total dollar amount of the bond (written out and numerical).

List each Certificate of Deposit by certificate number: providing issuing bank name, bank address, bank phone number with area code, dollar amount and date of issue.

Enter the applicant’s permit name and number. If the applicant does not have a permit number, contact the Land Reclamation Program at 573-751-4041 to have one assigned.

The Certificate of Deposit must be assigned to the State of Missouri by the issuing bank. Enter the day, month and year the Certificate of Deposit was purchased.

The form must be signed by the applicant and by all individuals listed on the Certificate of Deposit and the signatures notarized.

The issuing bank must also sign the form and have the signature notarized.

The Certificate of Deposit must be automatically renewable.

Interest in the Certificates of Deposit may be payable to the obligor.

The original Certificate of Deposit must accompany the forms.

Personal Bond Secured by a Letter of Credit (MO 780-1472) www.dnr.mo.gov/forms/780-1472-f.pdf
The Letter of Credit must be irrevocable.

The Letter of Credit number should be entered as the bond number.

Enter the permit number of the applicant. If the applicant does not have a permit number, contact the Land Reclamation Program at 573-751-4041 to have one assigned.

Enter the permittee’s name and address, the dollar amount of the letter of credit written out, and then again in dollar format.

Enter the Letter of Credit’s number, the date the Letter of Credit was purchased, the name and address of the issuing bank and the amount.

The Confirmation of Irrevocable Letter of Credit only applies and needs to be completed for Letters of Credit issued by an out of state bank.

Enter the day, month and year along with the applicant’s permit number.

The second page must be signed by the applicant and notarized.

The issuing bank will complete pages 3 and 4. Those pages require two bank signatures and notarization.

There are three attachments to complete as part of the form: Attachment A, Attachment B and Attachment C.

Confirmation of Irrevocable Letter of Credit (MO780-0015) www.dnr.mo.gov/forms/780-0015-f.pdf
This form must be filled out by a bank located in Missouri only if the Irrevocable Letter of Credit was issued by an out-of-state bank. The Confirmation of Irrevocable Letter of Credit will need to be completed, signed, countersigned and notarized.

Section E: PERMIT TRANSFER FORM (MO 780-1333) www.dnr.mo.gov/forms/780-1333-f.pdf
The Permit Transfer Form must be completed when a permit or site is being transferred to a new applicant.

The first page gathers information about the current permit holder, the bonds held by that permit holder, the proposed successor and replacement bonds.

On the second page, list the site name or number, permitted acres, Township/Section/Range, County and Commodity of each site being transferred. If needed, list additional sites on page 3.

Both the current permit holder and the proposed applicant must sign the form.

Section F: Annual Operations Status Report (MO 780-1885) www.dnr.mo.gov/forms/780-1885-f.pdf
This form must be completed with all renewal applications.

The permit and site information should be entered in the top section.

Acres of Disturbance during the past year:

Acres of Reclamation during the past year:

Enter the vegetation information for any areas that were vegetated during the last permit year.

A map must accompany the form showing the disturbed and reclaimed areas, the location of the topsoil that was removed and stored, as well as the current mine plan and permit boundaries.

Section G: MAP REQUIREMENTS
A Locator Map and a Detail Map is required to be on file for all permitted sites. New or replacement maps must be submitted for all new permit, amendment, expansion, revision or transfer applications.

Both maps and all copies submitted must be clearly legible and must contain the following:

Both maps must be prepared on an original or clearly copied United States Geological Survey (USGS) 7 1/2 minute topographical map, county assessor map, Agricultural Stabilization Conservation Service (ASCS) aerial photos or up-to-date county ownership plats or on a map of equal or better quality.\

Locator Map
This map is used to locate and distinguish the mining site from other mine sites in the general area of the county.

Detail Map
This map must be of sufficient scale and detail to illustrate the following:

Section H: PUBLIC NOTIFICATION TEMPLATES

Newspaper Notice
These templates must be completed with following applications: new permits, expansions, revisions, and transfers.

IMPORTANT! - Do not run the public notice until you have been approved to do so by the Land Reclamation Program!

Several Public Notice templates exist. Pick the template that applies to the permit action you are taking:

The newspaper must be in the county where the mine plan is located.

The notice shall run once a week for four consecutive weeks.

It shall be published within 10 days after the applicant is notified by the Land Reclamation Program to run public notice by certified mail.

After the notice has run for four consecutive weeks, the applicant shall obtain the Affidavit of Publication from the newspaper and submit it to the Land Reclamation Program.

The public notice shall contain the following information:

Public Notification Letter
The second and third pages contain the public notification letter template.

The applicant shall send the notification letters by certified mail to:

The public notification letters should be mailed at the same time the public notice is provided to the newspaper.

The information is the same as what is listed in the newspaper public notice except the dates the notice is running in the paper must be added to the notification letter.

After the public notice has run for four consecutive weeks, the applicant shall obtain the Affidavit of Publication from the newspaper. The applicant shall submit that form, a copy of the public notice and the certified mail receipt cards to the Land Reclamation Program.