444.766. Exceptions to land reclamation act provisions.
Exceptions to land reclamation act provisions.
444.766. 1. No provision of sections 444.760 to 444.790 shall applyto the excavation of minerals or fill dirt for the purposes of constructionor land improvement as unrelated to the mining of minerals for a commercialpurpose or reclamation of land subsequent to the surface mining ofminerals.
2. No permit is required under sections 444.760 to 444.790 for thepurpose of moving minerals or fill dirt within the confines of realproperty where excavation occurs, or for purposes of removing minerals orfill dirt from the real property as provided in this section.
(1) Excavations for construction pursuant to engineering plans andspecifications prepared by an architect, professional engineer, orlandscape architect licensed pursuant to chapter 327, RSMo, or anyexcavation for construction performed under a written contract thatrequires excavation of minerals or fill dirt and establishes dates forcompletion of work and specifies the terms of payment for work, shall bepresumed to be for the purposes of construction and shall not require apermit for surface mining.
(2) Excavations for purposes of land improvement where mineralsremoved from the site are excess minerals that cannot be used on-site forany practical purpose and at no time are subjected to crushing, screening,or other means of beneficiation with the exception of removal of deadtrees, decaying vegetation, tree limbs, and stumps shall be presumed to befor the purposes of land improvement and shall not require a permit forsurface mining, provided that:
(a) The site has not been designated as a surface mine by the federalMine Safety and Health Administration;
(b) Minerals from the property are not used for commercial purposeson a frequent or ongoing basis; and
(c) A pit, peak, or ridge does not persist at the site asinconsistent with the purposes of land improvement.
(3) Permits shall not be required for the excavation of fill dirt,regardless of the site of disposition or whether construction occurs at thesite of excavation.
3. (1) If the director or his or her designee determines that asurface mining permit is required for real property which is purported tobe for purposes of construction or land improvement not requiring a surfacemining permit under this section, such determination shall be sent inwriting to the owner of the property by certified mail stating the reasonsfor such determination. Upon request of the person receiving the letter,an informal conference shall be scheduled with the director within fifteencalendar days to discuss the determination. Following the informalconference, the director shall issue a written determination regarding hisor her findings of fact no later than thirty calendar days after the dateof the conference. If the director agrees that a surface mining permit isrequired and the person disagrees with that decision, the person may make awritten request for a hearing before the commission at its next regularmeeting. Such written request shall be filed within thirty calendar daysafter receipt of the director's written determination, except when thethirtieth day would be later than the date of the next regularly scheduledcommission meeting, the written request shall be filed at least seven daysprior to the commission meeting unless the director and the person filingthe request mutually agree to place the matter on the commission's agendafor a later meeting. The commission shall issue a written determination asto whether a surface mining permit is required under this state's lawwithin thirty calendar days after the hearing. The written determinationmay be appealed as provided under this chapter.
(2) Until a final written determination has been issued under theprocess established under subdivision (1) of this subsection, the personreceiving a letter stating the reasons a mining permit is required maycontinue activity at the site in dispute. The commission may stay thedirector's determination. If the final written determination is that apermit is required, all fees otherwise provided by statute or rules of thecommission shall apply. If the determination is that no permit isrequired, no permit fees shall be required by the director or thecommission.
(3) The process set out in this subsection for determining whether amining permit is required shall not be subject to the hearing requirementsof section 444.789.
(L. 2005 H.B. 824, A.L. 2009 H.B. 246)