Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title II - Licenses, Permits and Concession Contracts › Chapter 17 - Leases and Permits › Rule 571-17.11 - Sand and Gravel Permits

Current through Register Vol. 47, No. 3, July 24, 2024
This rule provides the procedures for obtaining a permit for
				  removal of sand and gravel from state-owned lands and waters under the
				  jurisdiction of the department and the rules associated with the holding of a
				  permit.
(1)
Permit
				applications.
Applications for permits must be accompanied by an
				application for a sovereign lands permit pursuant to 571-Chapter 13.
				Applications will be accepted at any time throughout the year. The permit for
				sand and gravel will run concurrently with the sovereign lands permit. If more
				than one application for a permit site is received, issuance will be determined
				by written sealed bids. Bids shall be based on royalty rates. Bids submitted
				with a royalty rate less than the current rate will not be accepted. The permit
				shall be issued to the applicant submitting the highest royalty rate
				bid.
(2)
Application
				fee.
The applicant for a sand and gravel permit shall submit a fee of
				$100 for the cost of inspection and issuance of each permit.
(3)
Insurance.
Prior to
				issuance of permits, approved applicants shall provide the department a
				certificate of insurance, covering the entire permit term, to jointly and
				severally indemnify and hold harmless the state of Iowa and its agencies,
				officials, and employees from and against all liability, loss, damage or
				expense that may arise in consequence of issuance of the permit.
(4)
Surety bonds.
Prior to
				issuance of permits, approved applicants shall provide to the department a
				surety bond in the amount of $5,000 covering the term of the permit. The surety
				bond shall guarantee payment to the state of Iowa for all material removed
				under the permit within 60 days after expiration of the permit, unless the
				permit holder renews the permit within 30 days of said expiration date, and for
				the recovery of any costs associated with reclamation or other environmental
				mitigation required as a condition of issued permits.
(5)
Permit conditions and operating
				procedures.
The following shall apply to all sand and gravel permits:
a. Permits require a sovereign lands permit
				and will run concurrently with that sovereign lands permit.
b. The size and configuration of permit sites
				shall be as designated by the director. The maximum continuous length of a
				river or stream covered by each permit shall be 4,500 lineal feet.
c. Removal operations authorized by permits
				shall not be performed within 30 feet of the existing bank or breach the bank
				at any location along any lake, stream or river unless written permission is
				obtained from the director prior to performance of such operations.
d. Removal operations authorized by permits
				shall not obstruct the flow of water to the extent of preventing its ultimate
				passage to its usual course below the lands and waters covered by the permits
				and shall not prevent movement of watercraft through such waters.
e. All equipment at permit sites that is on
				the surface of water or above or under the water shall be marked to be visible
				24 hours per day. Any structure or other device below the water must be marked
				to indicate to watercraft operators where safe passage may occur. All markings
				shall conform to the uniform waterway marking system and be provided and
				installed by permit holders.
f.
				Permit sites may be inspected by the director at any time during the permit
				term in order to verify compliance with permit terms and conditions, or
				thereafter until final payment is made under a terminated permit. Permit
				holders shall keep a daily record of the amount of material removed in the
				manner described by the director. All such records shall be open to inspection
				by the director at all times.
g.
				Permit holders shall furnish an itemized statement of material removal
				operations to the director within ten days after the last day of each calendar
				month. Statements shall also be filed in months when no materials are removed.
				Reporting procedures may be modified on a case-by-case basis at the discretion
				of the director, to accommodate differences in material removal or operation
				methods. However, reporting periods shall not be greater than one-month
				intervals. Permit holders shall notify the department ten days prior to the
				initial start of removal operations or whenever the previous monthly statement
				indicated no materials were removed. Each cubic yard of sand, gravel, and stone
				removed under permits shall be considered to weigh 3,000 pounds. Statements
				shall be submitted on forms furnished by the department and shall indicate the
				following:
(1) Hours of removal operations
				performed each day on lands and waters covered by the permit.
(2) Tons of material removed from the lands
				and waters covered by the permit each day.
(3) Tons of material, from all sources,
				stockpiled at the operations site at the end of the month.
h. Royalty payments. Permit holders shall
				make royalty payments on a monthly basis for all material removed from permit
				sites within ten days after the last day of each calendar month. Monthly
				royalty payments shall be calculated using the tonnage of material removed as
				reported on the monthly statement. The royalty rate shall be $0.2500 cents per
				ton or the rate determined by sealed bids.