444.772. Permit--application, contents, fees--amendment, how made--successor operator, duties of.
Permit--application, contents, fees--amendment, how made--successoroperator, duties of.
444.772. 1. Any operator desiring to engage in surface mining shallmake written application to the director for a permit.
2. Application for permit shall be made on a form prescribed by thecommission and shall include:
(1) The name of all persons with any interest in the land to bemined;
(2) The source of the applicant's legal right to mine the landaffected by the permit;
(3) The permanent and temporary post office address of the applicant;
(4) Whether the applicant or any person associated with the applicantholds or has held any other permits pursuant to sections 444.500 to444.790, and an identification of such permits;
(5) The written consent of the applicant and any other personsnecessary to grant access to the commission or the director to the area ofland affected under application from the date of application until theexpiration of any permit granted under the application and thereafter forsuch time as is necessary to assure compliance with all provisions ofsections 444.500 to 444.790 or any rule or regulation promulgated pursuantto them. Permit applications submitted by operators who mine an annualtonnage of less than ten thousand tons shall be required to include writtenconsent from the operator to grant access to the commission or the directorto the area of land affected;
(6) A description of the tract or tracts of land and the estimatednumber of acres thereof to be affected by the surface mining of theapplicant for the next succeeding twelve months; and
(7) Such other information that the commission may require as suchinformation applies to land reclamation.
3. The application for a permit shall be accompanied by a map in ascale and form specified by the commission by regulation.
4. The application shall be accompanied by a bond, security orcertificate meeting the requirements of section 444.778, a geologicresources fee authorized under section 256.700, RSMo, and a permit feeapproved by the commission not to exceed one thousand dollars. Thecommission may also require a fee for each site listed on a permit not toexceed four hundred dollars for each site. If mining operations are notconducted at a site for six months or more during any year, the fee forsuch site for that year shall be reduced by fifty percent. The commissionmay also require a fee for each acre bonded by the operator pursuant tosection 444.778 not to exceed twenty dollars per acre. If such fee isassessed, the per-acre fee on all acres bonded by a single operator thatexceed a total of two hundred acres shall be reduced by fifty percent. Inno case shall the total fee for any permit be more than three thousanddollars. Permit and renewal fees shall be established by rule, except forthe initial fees as set forth in this subsection, and shall be set atlevels that recover the cost of administering and enforcing sections444.760 to 444.790, making allowances for grants and other sources offunds. The director shall submit a report to the commission and the publiceach year that describes the number of employees and the activitiesperformed the previous calendar year to administer sections 444.760 to444.790. For any operator of a gravel mining operation where the annualtonnage of gravel mined by such operator is less than five thousand tons,the total cost of submitting an application shall be three hundred dollars.The issued permit shall be valid from the date of its issuance until thedate specified in the mine plan unless sooner revoked or suspended asprovided in sections 444.760 to 444.790. Beginning August 28, 2007, thefees shall be set at a permit fee of eight hundred dollars, a site fee offour hundred dollars, and an acre fee of ten dollars, with a maximum fee ofthree thousand dollars. Fees may be raised as allowed in this subsectionafter a regulation change that demonstrates the need for increased fees.
5. An operator desiring to have his or her permit amended to coveradditional land may file an amended application with the commission. Uponreceipt of the amended application, and such additional fee and bond as maybe required pursuant to the provisions of sections 444.760 to 444.790, thedirector shall, if the applicant complies with all applicable regulatoryrequirements, issue an amendment to the original permit covering theadditional land described in the amended application.
6. An operation may withdraw any land covered by a permit, exceptingaffected land, by notifying the commission thereof, in which case thepenalty of the bond or security filed by the operator pursuant to theprovisions of sections 444.760 to 444.790 shall be reduced proportionately.
7. Where mining or reclamation operations on acreage for which apermit has been issued have not been completed, the permit shall berenewed. The operator shall submit a permit renewal form furnished by thedirector for an additional permit year and pay a fee equal to anapplication fee calculated pursuant to subsection 4 of this section, but inno case shall the renewal fee for any operator be more than three thousanddollars. For any operator involved in any gravel mining operation wherethe annual tonnage of gravel mined by such operator is less than fivethousand tons, the permit as to such acreage shall be renewed by applyingon a permit renewal form furnished by the director for an additional permityear and payment of a fee of three hundred dollars. Upon receipt of thecompleted permit renewal form and fee from the operator, the director shallapprove the renewal. With approval of the director and operator, thepermit renewal may be extended for a portion of an additional year with acorresponding prorating of the renewal fee.
8. Where one operator succeeds another at any uncompleted operation,either by sale, assignment, lease or otherwise, the commission may releasethe first operator from all liability pursuant to sections 444.760 to444.790 as to that particular operation if both operators have been issueda permit and have otherwise complied with the requirements of sections444.760 to 444.790 and the successor operator assumes as part of his or herobligation pursuant to sections 444.760 to 444.790 all liability for thereclamation of the area of land affected by the former operator.
9. The application for a permit shall be accompanied by a plan ofreclamation that meets the requirements of sections 444.760 to 444.790 andthe rules and regulations promulgated pursuant thereto, and shall contain averified statement by the operator setting forth the proposed method ofoperation, reclamation, and a conservation plan for the affected areaincluding approximate dates and time of completion, and stating that theoperation will meet the requirements of sections 444.760 to 444.790, andany rule or regulation promulgated pursuant to them.
10. At the time that a permit application is deemed complete by thedirector, the operator shall publish a notice of intent to operate asurface mine in any newspaper qualified pursuant to section 493.050, RSMo,to publish legal notices in any county where the land is located. If thedirector does not respond to a permit application within forty-fivecalendar days, the application shall be deemed to be complete. Notice inthe newspaper shall be posted once a week for four consecutive weeksbeginning no more than ten days after the application is deemed complete.The operator shall also send notice of intent to operate a surface mine bycertified mail to the governing body of the counties or cities in which theproposed area is located, and to the last known addresses of all recordlandowners of contiguous real property or real property located adjacent tothe proposed mine plan area. The notices shall include the name andaddress of the operator, a legal description consisting of county, section,township and range, the number of acres involved, a statement that theoperator plans to mine a specified mineral during a specified time, and theaddress of the commission. The notices shall also contain a statement thatany person with a direct, personal interest in one or more of the factorsthe commission may consider in issuing a permit may request a publicmeeting, a public hearing or file written comments to the director no laterthan fifteen days following the final public notice publication date.
11. The commission may approve a permit application or permitamendment whose operation or reclamation plan deviates from therequirements of sections 444.760 to 444.790 if it can be demonstrated bythe operator that the conditions present at the surface mining locationwarrant an exception. The criteria accepted for consideration whenevaluating the merits of an exception or variance to the requirements ofsections 444.760 to 444.790 shall be established by regulations.
12. Fees imposed pursuant to this section shall become effectiveAugust 28, 2007, and shall expire on December 31, 2013. No otherprovisions of this section shall expire.
(L. 1971 H.B. 519 § 6, A.L. 1984 H.B. 1162, A.L. 1990 H.B. 1584, A.L. 1992 H.B. 1732, A.L. 2001 H.B. 453, A.L. 2007 S.B. 54)Effective 1-01-08