In-Stream Sand and Gravel Operations Permit Application Guidance - PUB2460

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. If you have questions or need assistance with any or these forms, please contact us by calling 573-751-4041 or contact us at the address below. 

Address all permitting information to:

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

Required Items for each Permit Action

Section Reference	Required Items	New Permit	Renewal	Revision	Expansion	Transfer
A	Permit Application	X	X	X	X	X
B	Sand and Gravel Excavation Plan	X		X	X	X
C	Company Information	X				X
D	Bonding Forms	X			X	X
E	Permit Transfer Form					X
F	Annual Status Report		X
G	Maps	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.
• Expansion – To add acreage to a site not identified in the Sand and Gravel Excavation Plan or public notice. Expansions also are 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.

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 form is designed to collect basic information about the operator, permitted acreage and fees. First, enter the required basic information about the permittee. It is important to mark the applicable box or combination of boxes listed near the top of the form to indicate what permit action you are requesting: Renewal, Revision, Expansion, Transfer or New Permit. 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. Permitted acreage must be rounded up to the nearest whole number. This total will be used to calculate fees and bonding.

The second page consists of the Geologic Resource Fee and Bonding worksheets. All in-stream sand and gravel operations mining more than 5,000 tons per year 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 In-stream sand and gravel operators mining less than 5,000 tons per year is $300.
• The annual permit fee for In-stream sand and gravel operators mining greater than 5,000 tons per year is $800.
• Annual permit fees should be paid yearly with a New or Renewal application only. These fees should not be paid with Revisions, Expansions or Transfers.

Site Fee(s)

• In-stream sand and gravel operators mining less than 5,000 tons per year do not pay a site fee.
• The site fee for in-stream sand and gravel operators mining more than 5,000 tons per year is dependent on the acreage of the site.

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)

In-stream sand and gravel operators do not pay an acreage fee.

Geologic Resource Fees

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

Annual Fee

• There are no annual geologic resource fees for in-stream sand and gravel operators mining less than 5,000 tons per year.
• The annual geologic resource fee for In-stream sand and gravel operators mining more than 5,000 tons per year is $50.
• This 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 In-stream sand and gravel operators mining less than 5,000 tons per year.
• The site fee for all In-stream sand and gravel operator mining more than 5,000 tons per year is $50 per mining site, 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)

• In-stream sand and gravel operators of any size are not required to pay acreage fees.

Bonding

Bonding is only required at sites where the Land Reclamation director determines a reclamation responsibility exists. Reclamation responsibility is defined as a mining activity causing accelerated bank erosion, headcutting upstream or in adjacent streams, excessive sedimentation downstream, impeded stream flow or other circumstances requiring corrective action.

If adequate bonding is already posted or not required, check box and sign document.

Signature Required

The permit application must be signed and dated. By this action, the signatory certifies all statements on the permit application are true to the best of their knowledge.

Section B: Sand and Gravel Excavation Plan

A Sand and Gravel Excavation Plan – 10 CSR 40-10.020(2)(D)4 MO 780-1895 must be submitted for all permit applications except renewals.

This form is used to collect data about the landowners, the mineral rights owner, legal right to mine, and lists the performance standards that all in-stream sand and gravel operators must adhere. A separate sand and gravel excavation plan must be submitted for each unique site and when there are multiple landowner on the same site. A new sand and gravel excavation plan must be submitted when a landowner has changed.

• Performance Standards: This section is comprised of 11 categories that describe how the site will be mined and the placement of materials once removed from the stream channel. These requirements are designed to protect water quality while allowing for the excavation of sand and gravel from riparian environments. Upon request of the applicant, the program may establish site specific variances to address conditions that may occur at individual locations.
• Landowner: Print name, address and phone number with area code of landowner. The landowner must sign the form.
• Mineral Rights Owner: Print name, address and phone number with area code of the mineral right 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: By signing the sand and gravel excavation plan, the landowner is providing consent to entry to the director of the Missouri Land Reclamation Program and his 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.
• 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.

Signature Required

Each sand and gravel excavation plan must be signed by the operator. By this action, the applicant certifies:

• All statements on the permit application are true to the best of applicant's knowledge.
• Applicant intends to mine in accordance with this sand and gravel excavation plan and the Land Reclamation Act.
• Applicant has a valid agreement with the landowner that grants access to the director of the Missouri Land Reclamation Program and his 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 must be completed with new permit and transfer applications.

This form must be completed with new permit and transfer applications or when management changes.

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 their knowledge.

Section D: Bonding Forms

Bonding is required at any site where the Land Reclamation director determines a reclamation responsibility exists. A reclamation responsibility is defined as a mining activity causing accelerated bank erosion, headcutting upstream or in adjacent streams, excessive sedimentation downstream, impeded stream flow or other circumstances requiring corrective action.

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 their 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, 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 issued, the name and address of the issuing bank and the amount.
• The Confirmation of Irrevocable Letter of Credit only 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 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 including 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 – 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.

Section G: Maps

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:

• 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 name of the creek or stream being mined.

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. Public notices must be completed with following applications: new permits, expansions, revisions and transfers. Several public notice templates exist and can be requested from the program to be filled out to submit with the permit application.

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 page.
• 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

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.