Any person, firm or corporation engaged in or controlling commercial surface mining of industrial minerals in areas opened on or after Jan. 1, 1972, must obtain a permit from the Missouri Mining Commission, in accordance with section 444.770.1 and section 444.770.2 RSMo.

Missouri has natural formations of limestone, clay, sandstone and granite along with sand and gravel deposits. These industrial minerals provide the foundation of Missouri’s infrastructure. Mining for these industrial minerals occurs in almost every county of the state. More than 50 million tons of these minerals are mined in Missouri each year. Missouri has more than 500 open pit permitted mine sites; approximately 350 of these sites are limestone quarries. People utilize industrial minerals every day, in the home in which we live, the roads, and bridges on which we drive, in the building in which we work, in the food we eat and in the purification of the water we drink. Industrial minerals are in toothpaste, antacids and briquette charcoal.  
    
There are no regulations in the Land Reclamation Act relating to how deep an open pit site can be mined, though it typically is not economical for operators to mine deep enough to hit the water table. The general concerns relating to open pit operations are factors such as blasting, groundwater and truck traffic. However, these concerns are not regulated by the Land Reclamation Act.

Industrial mineral open pit mine sites range in size from one acre sand and gravel pits to 1,000 acre limestone sites. This type of mining operation removes topsoil and other soil material to expose the mineral commodity. Blasting usually is required to fracture the mineral from the formation. Open pit operations have a long-term mine plan boundary, where mining could occur, and a permitted boundary (also known as bonded), where the active mining operations can occur inside of the long term mine plan boundary. Areas where overburden is removed from to access the mineral commodity and where that overburden is placed must be permitted. There are places in the Ozarks where the limestone outcrops from the soil or has very little soil material above the mineral formation. In northern Missouri, there may be 90 feet of soil above a mineral formation. Open pit operations have a reclamation responsibility and therefore must remain permitted with the department until the last acre has been released from reclamation responsibility. Open pit mining operations are reclaimed to the post-mining land use of development, water, agriculture and wildlife.

Length of Permit

Issued for one year. This permit may be renewed annually.

Laws, Rules and Regulations

How to Apply

Applications

Fact Sheets

Fees

Fees for permits to mine sand and gravel are required in most situations. Refer to Open Pit Operations Permit Application Guidance - PUB2464 for information about fees and bonding.

Timeline/ Process

The department’s Land Reclamation Program encourages all mine operators to work with staff via email to review permitting documents, including maps to make sure all of the required components are complete prior to an official submittal of the documents. This will help both parties save time. The department will request additional information if the application is not complete, which will delay the review process.

Application Submitted to the Department

  • Staff review application for completeness 
  • 45 days are allowed by regulations
  • Staff work with applicants to correct any issues to get a complete application.
  • Application deemed complete. Department staff mails the operator an application deemed complete letter by certified mail.

Public Notice Window 

  • There are 10 days allowed to start the public notice from the time the application deemed complete letter is received by certified mail. There are two components of public notification, a newspaper advertisement and sending certified mail to adjacent landowners and governing body. 

Public Notice Process and Comment Period

  • Newspaper runs once a week for a total of four consecutive weeks and certified mail is sent to adjacent landowners and governing body. 
  • 15 additional days are allowed for the public notice comment period after the last running of the newspaper for comments to be received or a request for a public meeting.

Staff Conduct Second Completeness Check of the Application

  • Final decision is issued. The department issues the permit if no comments or a request for a public meeting are received.
  • If comments are received then the permit will not be issued at this time. The timeline will continue with the informal public meeting process, below. 

Additional Timeline for Informal Public Meeting Process

  • Scheduling informal public meeting window.
  • This can take two or more weeks. Two weeks is a standard minimum from the end of the comment period to the day of the informal public meeting. 
  • Informal public meeting is held.
  • Staff summarize and research comments brought up during the informal public meeting to present information to the staff director.
  • Six weeks are allowed to complete the summary of the informal public meeting.
  • Staff director makes decision to issue or deny the permit.  
  • The staff director’s decision may be appealed within 30 days after the decision is made. The appeal goes to the Administrative Hearing Commission for a formal hearing. Visit the Industrial Mineral Permitting page for further details regarding the hearing process.  

Public Participation

The department continues to look for ways to improve its methods of helping the public to understand the industrial mineral permitting procedures. New mine sites, or existing sites that are being transferred, expanded, or significantly revised do have an opportunity for the public to comment or request a hearing.

Many of the concerns brought before the staff director of the Missouri Mining Commission by local citizens are about issues outside the regulatory authority provided to the department through the Land Reclamation Act. These issues include concerns about blasting, safety on public roads and the mine’s effect on property values. Citizens who have requested meetings under the proper circumstances express their concerns at these informal meetings. This regular contact with the public has brought an acute awareness to the staff director and commission about what is most troubling to the citizens. In return, the public has an opportunity to learn more about the permitting and reclamation requirements under the Land Reclamation Act. Continued contact of this sort will help pave the way for the citizens to resolve their concerns about mining.

Public Notice Process

Once an application is deemed complete, the applicant will need to advertise in a newspaper qualified to publish public notices, once a week for four consecutive weeks in the county where the mine plan boundary is located. In addition, the applicant shall send certified mail to landowners adjacent to the property that will be mined, as long as that landowner is within a half mile of the long term mine plan boundary. The public notice comment period opens when the newspaper advertisement is first ran and closes 15-days following the final publication date. 

The public can provide comments or request a public meeting while the public notice comment period is open for a mining permit application. To request a public meeting the department does need a written document stating “I request a public meeting” associated with a particular mining permit application. If a public meeting is requested, the applicant shall cooperate with the director to schedule the public meeting.

Within six weeks after the public meeting is held, the director will make a decision to either issue or deny the permit. The director may impose reasonable conditions on the permit. The director’s decision and meeting summary title, Attachment I, is provided to the operator and those that wrote in or signed in at the public meeting.

Any part adversely affected by the decision may be entitle to pursue an appeal before the Administrative Hearing Commission. The affected party has 30 days after the date of the director’s decision to file an appeal to the Administrative Hearing Commission. Instructions about how to appeal the decision are provided in the director’s decision.

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Hearing Process 

The Administrative Hearing Commission is a neutral, independent administrative tribunal. The Administrative Hearing Commission conducts the proceedings and makes a recommendation to the Missouri Mining Commission to either issue or deny the permit. 

Final Decision

The Missouri Mining Commission will determine whether to issue or deny the permit on the Administrative Hearing Commission’s recommendation. This decision is subject to judicial review by the court of appeals district with territorial jurisdiction in the county where the mine is located or is to be located. 

Visit the “Additional Timeline for Informal Public Meeting Process” above.

Requirements

Reporting

Operators are required to submit an annual operations status report within 60 days each year of the permit being renewed for the mining activities of the previous permit year.

Renewal

The Permit Application and Renewal for Industrial Mineral Mines MO 780-1007 form must be submitted for all renewal, amendment, revision, expansion or new permit actions.

Operators are required to submit an annual operations status report within 60 days each year of the permit being renewed for the mining activities of the previous permit year. 

Resources

Inspections 

Inspections typically fit into one of three categories: regular, complaint or bond release inspection. 

Regular Inspections

Regular inspections are conducted to determine if an operator is in compliance with the approved permit and the applicable performance requirements of the Land Reclamation Act. Performance requirements checked by inspectors include timeliness of reclamation, safety barriers, lateral support (e.g., lateral distances from excavations to public road rights of way), erosion and siltation control, grading, topsoil handling and revegetation. Inspectors also evaluate each mine site to ensure all mining disturbance is confined to the permitted and bonded area and the approved post-mining land uses are being established. 

Complaint Inspections

Complaint inspections are conducted after the program receives notification from the public that an industrial minerals operation may be in violation of the Land Reclamation Act. These complaints are received by phone, email or regular mail. Complaints filed by citizens may involve blasting, noise, truck traffic, water pollution, erosion or siltation. Following an investigation, the inspector and operator often are successful in resolving a citizen’s complaint in a timely manner. However, many public complaints related to mining operations, such as blasting and noise, are not regulated by the department and are referred to the appropriate regulatory authority. Some complaints involve the removal of sand and gravel in streams for personal use, where the program only has authority over commercial mining operations. Other agencies regulate personal use mining.

Bond Release Inspections

Bond release inspections are conducted at the operator’s request when reclamation has been completed. The focus of the bond release inspection is to determine if the mine site has been reclaimed in accordance with the reclamation plan. The inspector also must evaluate if the operator has established the designated post-mining land use(s). Post-mining land uses may be designated as wildlife habitat, agricultural, development/industrial or water impoundment. When mined land is properly reclaimed, a recommendation for bond release is made to the staff director of the Missouri Mining Commission. If approved, the reclamation bond is released to the operator. If the request for bond release is denied, the operator has the right to request that a formal hearing be held before the Missouri Mining Commission to contest the denial. The landowner also has the right to request a hearing if they believe the reclamation has not been properly completed.

Violations and Enforcement

Often, violations observed during an inspection are eliminated through the use of conference, conciliation and persuasion (CC&P). This is a process where the operator is encouraged to correct a noncompliance through voluntary action and normally is used in cases of relatively minor noncompliance. If attempts to correct a violation through CC&P are not successful, a notice of violation is issued to the operator. 

The enforcement powers of the Missouri Mining Commission were enhanced in two significant ways when the Land Reclamation Act was revised in 1990. The commission now has the power to impose administrative penalties when notices of violation are issued, and they have the option to refer civil actions to the Cole County Court rather than the county in which the violation occurred. Such powers enable much more prompt and vigorous action against violators than in the past.

An increased number of site inspections at industrial minerals operations carry the potential for an increase in enforcement activity during the coming year. Industrial mineral operators not thoroughly familiar with the requirements of the act risk inadvertent noncompliance. Only through close coordination with Land Reclamation Program personnel are potential enforcement actions avoided or minimized.

•    Search Enforcement Actions

Additional Resources

Additional Quarry Permit Applications

In addition, permit applicants should also investigate to learn if the following permits are applicable from other programs within the department:

  • Air Pollution Control Program – For questions, call the construction permit unit at 573-751-4817. 
  • Water Protection Program – For questions, call 573-751-1300. 

U.S. Army Corps of Engineers

The department encourages all mine operators to check in with the US Army Corps of Engineers to learn if there are jurisdictional waters within their mine plan boundary and if the mining operation may require a US Army Corps of Engineers Districts (USACE) permit. 

U.S. Fish and Wildlife Service

The department also encourages mine operators to check in with the US Fish and Wildlife Service to learn if there are threatened, endangered species or habitats for those species that could be impacted. The US Fish and Wildlife Service can be contacted at:

Missouri Ecological Services Field Office
(573) 234-2132
101 Park Deville Drive Suite A 
Columbia, MO 65203 

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