Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 10 - Permit and Performance Requirements for Industrial Mineral Open Pit and In-Stream Sand and Gravel Operations › Section 10 CSR 40-10.030 - Bonding

Current through Register Vol. 49, No. 14, July 15, 2024
(1) Bond
				Requirements. All permit applications must include a bond for the appropriate
				amount payable to the state of Missouri, which remains in effect until mined
				acreages have been reclaimed, approved, and released by the commission or
				director, or until replaced with a bond of equal amount.
(A) Operations mining more than five thousand
				(5,000) tons per year of gravel or any quantity of either limestone, barite,
				traprock, granite, tar sand, clay, sandstone, oil shale, sand, shale, and all
				others defined in section
				444.765(11),
				RSMo must file an eight thousand-dollar ($8,000) bond with the commission. The
				eight thousand-dollar ($8,000) bond covers up to eight (8) acres of permitted
				area. Each additional acre permitted over eight (8) acres shall be bonded at
				five hundred dollars ($500) per acre. Multiple sites totaling eight (8) acres
				or less may be covered by a single eight thousand-dollar ($8,000) bond if they
				are part of a single permit.
(B)
				Operators who mine less than five thousand (5,000) tons of gravel yearly from
				all sites covered by a single permit shall file a bond with the commission at
				the rate of five hundred dollars ($500) per acre for each permitted
				acre.
(C) In-Stream Sand and Gravel
				Operations.
1. Initially, an in-stream sand
				and gravel operator will not be required to submit bond due to the lack of
				reclamation responsibility.
2. If
				it is determined, upon inspection and subsequent review and analysis by the
				staff director, that a reclamation responsibility exists, the permittee will be
				required to obtain an amended permit on the area of reclamation responsibility,
				and post the appropriate bond, as described in subsection (1)(A) and (B) of
				this rule. 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, but only where there is clear evidence that the
				mining or reclamation activity within the permit area is the primary cause of
				this reclamation responsibility.
3.
				Bond releases shall be handled in accordance with sections (4)-(7) of this
				rule. The bond would be released once the problem that caused the reclamation
				responsibility is reclaimed or corrected. Only those problems within a permit
				area or those operations within a permit area that are determined to be the
				primary cause of problems within and outside the permit area need to be
				reclaimed or corrected. The permittee shall not be required to conduct
				reclamation operations outside the permit area. Still, work that could be
				accomplished within the permit area to alleviate those problems that developed
				outside the permit area would be required before bond release.