The department’s Land Reclamation Program issues permits for mining industrial minerals. Amendments made in 1990 to the Land Reclamation Act (Missouri’s industrial minerals mining law) improved the requirements to be met for completing industrial mineral permit and reclamation processes. Industrial Minerals are gravel, limestone, granite, traprock, tar sands, clay, barite, sandstone, oil shale, sand, shale and other minerals defined by state statute. The two main types of industrial mineral mining include open pit mining and in-stream sand and gravel mining.

Many Missouri streams provide an abundant and easily accessible source of sand and gravel for construction activities. In-stream sand and gravel mining is one of the most prevalent types of commercial mining in Missouri, as far as the number of sites. However, in-stream sand and gravel mining is somewhat of a misnomer because this mining method does not allow for excavating machinery to mine in the flowing portion of the stream. This mining method would be more accurately described as a bar skimming mining operation. 

Bar skimming is limited to the exposed portion of a gravel bar above the water line, within the ordinary high banks of a stream but not within the flowing water. Bar skimming is recommended as a means for advancing stream resource conservation while maintaining a viable extraction industry. This type of gravel removal operation lowers the risk of forward erosion of the stream channel upstream and sedimentation downstream from the area of excavation. In addition, the practice of removing gravel at periods of low water flow will aid in protecting water quality in the stream environment. Some of the rules include: staying an adequate distance from the stream bank, use of existing crossing areas, leaving an undisturbed buffer of 10 feet from the flowing water line and no mining below the water line. There are some circumstances when the operator can apply for and receive a variance after multi-agency consultations have occurred which generally involve the Missouri Department of Conservation and U.S. Army Corps of Engineers (Corps).

Improper removal of sand and gravel from streams can cause damage. The Missouri Department of Natural Resources is concerned that gravel removal be done properly to minimize impacts to landowners upstream and downstream. Other agencies, state and federal, have authority under existing regulations to help protect the health of streams.

In-Stream Sand and Gravel Permit Types

Commercial Gravel Mining

The department permits about 200 in-stream sites, annually. Numerous commercial mining operators across the state excavate sand and gravel deposits, commonly known as gravel bars, as a source of aggregate material. 

The majority of commercial in-stream mining activities on gravel bars are permitted by the department, but there are some permitted by U.S. Army Corps of Engineers. The department and Corps worked together for the last 10 years to make their in-stream sand and gravel mining requirements nearly identical. If in-stream gravel removal is not conducted in strict compliance as permitted, the Corps and the department may become involved in additional permitting requirements.

Personal Gravel Mining

The department does not require a Commercial Gravel Mining permit for personal use only, as identified in the regulations at 10 CSR 40-10.010(2)(B)1. However, personal use gravel mining may be regulated by U.S Corps of Engineers under Section 404 of the Clean Water Act. Before conducting any stream gravel removal activities, contact Corps to determine what permitting requirements may apply to your proposed personal use gravel mining. 

Length of Permit

Issued for one year. Can be renewed annually.

Laws, Rules and Regulations

How to Apply

Applications

Fact Sheets

Fees

Fees for permits to commercially mine sand and gravel are required in most situations. Refer to In-Stream Sand and Gravel Operations Permit Application Guidance - PUB2460 for information about fees.

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 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 party 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.

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. 

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.

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.

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.

The Annual Operations Status Report – In-Stream Sand and Gravel Operations MO 780-1884 form should be submitted with all renewal applications.

  • The permit name, number and year should be entered in the top section.
  • List the site name, number, and affected acreage where sand and gravel was removed during the past year.
  • Include a map showing the location of these sites.

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:

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 (USACE) permit. Visit the U.S. Army Corps of Engineers' Regulatory Office map to find the officer near you.

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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