Open Pit Operations: Permit Application Guidance - PUB2464

The table below summarizes the items for various industrial mineral permitting activities that require completion and submission. An “X” indicates a required form or item unless an exception exists. Form names are listed next to the form numbers. For more information or forms call 573-751-4041 or use the document search feature. 

Please address all permitting information to:

Land Reclamation Program
Missouri Department of Natural Resources
P.O. Box 176
Jefferson City, MO 65102-0176

Required Items for each Permit Action

Section Reference	Required Items	New Permit	Renewal	Revision	Amendment	Expansion	Transfer
A	Permit Application	X	X	X	X	X	X
B	Mine Plan	X		X		X	X
C	Company Information	X					X
D	Bonding Forms	X			X	X	X
E	Permit Transfer Form						X
F	Annual Status Report		X
G	Maps	X		X	X	X	X
H	Public Notification 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 from 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 to a site not identified in the Mine Plan or public notice. Expansions also are used to add a new site to a current permit.
• Revision - To revise the methods described in an approved operation or reclamation plan; a significant revision will require another public notice.
• Transfer - To transfer a permit or site from one corporate entity to another entity.

Permit Name

If the applicant is registered to do business with the Missouri Secretary of State, the applicant must use the registered name exactly as it is listed on the Missouri Secretary of State’s website, as the “Permit Name” on all forms.

Section A: Permit Application

The Permit Application and Renewal for Industrial Mineral Mines MO 780-1007 form must be submitted for all permit actions.

The first page consists of basic information about the operator, permitted acreage and industrial mineral fees. First, enter the required basic information about the permittee. 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 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 and the industrial mineral fees may be sent as one check or separate checks. 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 $9,000 per application.

Annual Permit Fee

• The annual permit fee for open pit sand and gravel operations mining less than 5,000 tons per year is $300.
• The annual permit fee for all other open pit operations is $800.
• This fee does not have to be paid if an operator files for an Amendment, Transfer, Revision or Expansion to their permit during the current permit year.

Site Fee(s)

• Open pit sand and gravel operators mining less than 5,000 tons per year do not pay a site fee.
• The site fee for all other open pit operations is based on the acreage of the site as follows:

Site Fees for Open Pit Operations

Acres	Site Fee Amount
.01- 10	$200
10.01- 75	$500
75.01- 200	$800
> 200	$1,000

• Like the annual permit fee, the site fee(s) must be paid annually.
• The fee for each site must be paid when you first apply for the permit or when you renew the permit on the same site(s).
• If you add new sites during the permit year by applying for a permit expansion, site fees are owed for each new site at that time.
• If you add new acres to a site during the permit year by applying for a permit amendment and the added acreage changes the site’s acreage to a higher site acreage bracket, the site fee difference is owed at that time.

Acreage Fee(s)

• Open pit sand and gravel operators mining less than 5,000 tons per year do not pay an acreage fee.
• For all other open pits, the acreage fee is $13 per acre for each acre that is permitted or under bond.
• If bonded acres are added during the current permit year, acreage fees must be paid on the new acres.

Geologic Resource Fees

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

Annual Fee

• There are no annual geologic resource fees for open pit sand and gravel operators mining less than 5,000 tons per year.
• The annual permit fee is not paid for amendment, revision, transfer or expansion applications during the current permit year.

Site Fee(s)

• There are no geologic resource site fees for open pit sand and gravel operators mining less than 5,000 tons per year.
• The fee for each site must be paid when you first apply for the permit, when you renew the permit or when new sites are added during the permit year by applying for a permit expansion.

Acreage Fee(s)

• An acreage fee is paid on all acres bonded.
• For the first 300 bonded acres, the acreage fee is $6 per acre.
• For all bonded acres beyond the first 300, the acreage fee is $3 per acre.
• If bonded acres are added during the current permit year, acreage fees must be paid on the new acres within the correct acreage bracket. Fee is $6 per acre if the permit does not have more than 300 acres, else $3 per acre for permits that already paid for 300 acres at $6 per acre during one permit year cycle.

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

The Mine Plan and Form Instructions MO 780-1327 form must be submitted for all permit applications except renewals, amendments and bond releases. A separate mine plan must be submitted for each site.

The mine plan is a five page document that contains information about the site location, minerals being mined, the landowners and mineral rights owner with legal right to mine. It describes the condition of the areas to be mined, the method of operation and plans for reclamation at a site. Indicate if the mine plan boundary is 1,000 feet or closer to the property boundary of an accredited school that has been established for 5 or more years. Check the box that applies. Enter estimated operation end date. This date will 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.

Reclamation and Operation Plan

This section is comprised of individual 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: Describe the distance of the mine excavations to the right of way of any public road and/or specify depth of unconsolidated material if excavation will occur near public road right of way or property line. If excavation is within noted distances, written approval from the road authority must be included. A description of the situation must be provided, and the applicant must indicate whether a variance has been or is being requested from the Missouri Mining Commission regarding the noted distance requirement.
• Safety Barrier Requirements: Indicate if any mine excavation will occur within the specified distance from the road right of way or within 50 feet of any property line and if so, indicate the type of safety barrier that will be erected.
• Acid-Forming Material Requirements: Indicate if acid-forming materials are present and how they will be handled if found.
  Substitution of Previously Mined Land for Reclamation: Indicate if the operator plans to substitute previously mined lands for actual permitted area when reclaiming land. A map of the substituted land and mine plan form for this area must be submitted.
• Topsoil Requirements: Complete the six questions about topsoil amounts, removal, sales, retention for reclamation, stockpile and erosion control.
• Overburden Requirements: Indicate if overburden will be used as a substitute for topsoil. If overburden will be stockpiled, describe the location and the seed mix to be used for stabilization.
• Grading Requirements: Indicate if the site will be graded to a free draining topography. If not, please describe. Indicate if a consolidated highwall will be left on-site.
• Timing of Reclamation: Applicant must indicate they agree to begin reclamation within one year of removal of viable mineral reserves and to complete it within two years. If the applicant cannot meet this time schedule, they must describe how the site will be reclaimed.
• Post-Mine Land Uses: Describe the condition of the site prior to mining. Applicant must check any post mining land uses from the list that applies, mark the number of acres allocated to each land use and circle specific descriptions applicable to the land use. The acreage of post-mining land uses must total the mine plan acreage indicated on the first page and in the public notice.
• Landowner: Complete the name of landowner, phone number with area code, mailing address, city, state and zip code. Note: Complete a separate page for each landowner or when a landowner has changed. The landowner must sign the form.
• Mineral Rights Owner: Complete this section if the mineral rights owner is different than landowner: name of mineral rights owner, phone number with area code, mailing address, city, state and zip code. Note: Complete a separate page for each mineral rights owner.
• Legal Right to Mine: Check the box that applies: Mineral Deed, Warranty Deed, Lease, Verbal or Other. Enter the date of the agreement. If you have a lease or verbal agreement, the date the agreement was made should be entered on the form.
• 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 they agree to the post mine land use and seed mixtures, and they give consent to entry for the purpose of making field inspections.
• All Persons with Any Interest in the Land to be Mined: Check one of the boxes stating if no additional persons need to be identified or additional persons must be identified. If additional persons need to be identified, identify them below. Ensure that all individuals, companies, corporations, Limited Liability Companies, etc. that has an interest in the land to be mined have been identified. Ensure that all signatory(ies) on any lease agreement are listed in this section if not already identified in the landowner or mineral rights owner section. Finally explain what the interest/relationship to the mine site is.
• Revegetation Plan: A Revegetation Plan for each post mine land use must be completed. The Revegetation Plan must include seeded species, tree or shrub species and their quantity in pounds per acre or stems per acre. There must be at least one complete revegetation plan.

Applicant Signature

Each mine plan must be signed, dated and provide a title of signatory affirming the following:.

• The person signing is doing so as a responsible official as indicated by regulations.
• All statements on the permit application are true to the best of their knowledge.
• She or he intends to mine in accordance with this Mine Plan and the Land Reclamation Act.
• She or he has received approval from all landowners for all proposed post-reclamation land uses and seed mixtures for leases after 1990.
• She or he grants to the staff director of the Missouri Land Reclamation Program and authorized representatives the right of entry for surface mining operations for the purpose of making field inspections to ensure compliance with the Land Reclamation Act.

Section C: Company Information

The Industrial Minerals Company Information MO 780-1928 form consists of one page unless there are additional applicants or permits. This form 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 eight acres of permitted area must be filed. (This applies to the permit, not per site.) Each additional acre permitted over eight acres shall be bonded at $500 per acre. Multiple sites totaling eight 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 "State of Missouri" and remain in effect until the mined acreages have been reclaimed and released by the Missouri Mining Commission or the Land Reclamation Program 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 Bonds
• Certificates of Deposit
• Letters of Credit

Surety Bond – Surface Mining of Minerals MO 780-0016

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.

• A surety rider must be from the surety company.
• It must show the bond number and correct permittee name on the rider.
• The rider must list the current amount, the amount of the increase or decrease, and the final amount of bond.
• The signature on the rider must be an authorized signature.
• The Power of Attorney must be attached.

Personal Bond Secured by a Certificate of Deposit 780-0936

• 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

• 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 three and four. 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 MO 780-0015

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

The Permit Transfer MO 780-1333 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 proposed successor and sites to be transferred.
• Both the current permit holder and the proposed applicant must sign the form.
• The second page is to list any additional site(s) being transferred not on page one and must include site information such as:  site name or number, permitted acres, Section/Township/Range, County and Commodity of each site.

Section F: Annual Status Report

The Annual Operations Status Report – Open Pit MO 780-1885 form must be completed with all renewal applications. This report is designed to take a snapshot of the reclamation activities that occurred during the past permit year and is due within 60 days after the anniversary of the permit and must be filed with the Land Reclamation Program.

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

Acres of Disturbance during the past year:

• Enter the surface acreage of the open pit on the last day of the permit year. The last day of the permit year is the same as the expiration date on the permit.
• Enter the surface acreage where topsoil and overburden where removed from during the last permit year.

Acres of Reclamation during the past year:

• Surface acreage of the area backfilled and graded but not yet topsoiled.
• Surface acreage of the area topsoiled but not yet vegetated.
• Surface acreage of the area seeded.
• Surface acreage of the area where permanent ponds were built during the last permit year only.

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: Maps

A Locator Map and a Detail Map are 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:

• The company name.
• The mine or site name.
• The date map was created or edited.
• Legal description of site (Section/Township/Range).
• The scale indication (such as a scale bar or numerical ratio).
• A symbol indicating north.
• A symbol definition key for any special symbols used.

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, National Resources Conservation Services (NRCS) 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:

• The names of owners or leaseholders of the real property located contiguous or adjacent to the proposed mine plan area
• The boundaries and the acreage of each site, if proposing multiple sites, the areas proposed to be affected over the permit term.
• The approximate location of public roads, utilities and easements located in or within 100 feet of the proposed permit area.
• The locations of terraces, waterways, diversions and post-mining land use designations

Section H: Public Notification Templates

Newspaper Notice

These templates will be completed by program staff and supplied to the operator when the application is deemed complete to start the public notice process. Several public notice templates exist and can be requested from the program to be filled out to submit with the permit application. Public notices must be completed with following applications: new permits, expansions, revisions and transfers. Public notices renewals must also be completed for any site planning to continue mining after the approximate end date of operation identified in the current public notice.

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

• The public notice shall run once a week for four consecutive weeks in a newspaper qualified to publish public notices pursuant to section 493.050 RSMo. The newspaper must be in the county where the mine plan is located.
• It shall be published within 10 days after the applicant is notified by the Land Reclamation Program to run the public notice.
• 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:

• Operator name and address.
• Legal description of the affected land consisting of the Section/Township/Range.
• The number of acres in the mine plan.
• The commodity being mined.
• The period of operation.
• The statement informing the public that written comments or a request for a hearing or informal public meeting may be made by any person with a direct, personal interest in one or more of the factors that the Missouri Land Reclamation Program staff director may consider in issuing a permit as required by the Land Reclamation Act, sections 444.760 to 444.790 RSMo., or whose health, safety or livelihood will be unduly impaired by the issuance of the permit regarding items such as permitting and reclamation requirements, erosion and siltation control, excavations posing a threat to public safety or protection of public road rights of way.
• Written comments shall be sent to the Land Reclamation Program at the address noted near the top of this webpage.
• All comments and requests must be submitted in writing to the director’s office within 15 days of the last date of the publication of the notice.

Public Notification Letter

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

Per 444.772 10. RSMo, the applicant shall send the notification letters by certified mail to:

• All governing bodies of the counties or cities in which the proposed area is located, and the last known address of all recorded landowners whose property is within 2,640 feet, or one half mile from the border of the proposed mine plan area; and adjacent to the proposed mine plan area, land upon which the mine plan area is located, or adjacent land having a legal relationship with either the applicant or the owner of the land upon which the mine plan area is located.
• All last known addresses of all first tier recorded landowners of contiguous real property within 2640 feet, or one half mile from the border of the proposed mine plan or real property located adjacent to the proposed mine plan border. If the first tier contiguous or adjacent landowner has a legal relationship with either the applicant or the owner of the land upon which the mine plan area is located, then the second tier landowner past that first tier landowner must be contacted unless the distance between the proposed mine plan border and the second tier landowner’s property is more than 2,640 feet, or one half mile from the border of the proposed mine plan area.

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 at the address given at the top of this fact sheet.