CCS HCS HB 246 -- SURFACE MINING AND GRAVEL EXCAVATION

This bill allows a property owner or an operator conducting
gravel removal at the request of a property owner to manage
seasonal gravel accretion on property not used primarily for
gravel mining or a political subdivision who contracts with an
operator for excavation to obtain sand and gravel material solely
for the subdivision's use to do so without obtaining a permit
from the Department of Natural Resources.  Gravel removal must be
performed solely on the owner's or political subdivision's
property and not within a distance to be determined by the Land
Reclamation Commission in the department of any building,
structure, highway, road, bridge, water or sewer line, pipeline
or utility line, or viaduct.  Property owners and operators must
follow the department's guidelines regarding surface mining and
gravel removal.

Property owners are limited to removing up to 2,000 tons of
gravel annually with a 1,000 ton per-site limitation and are
required to notify the department before any person or operator
conducts gravel removal from his or her property if it is
intended to be sold.  Notification will include the nature of the
activity, the county and stream name in which the site is
located, and the property owner's name.  Any future gravel mining
activities at the site will not require the property owner to
renotify the department for up to one year.  Any operator
conducting gravel removal at the request of the property owner
who removes more than 2,000 tons of sand and gravel material
within a calendar year must have a watershed management practice
plan approved by the commission.  The application for approval
must be accompanied by a fee equal to the fee currently paid for
commercial gravel removal as established by the department and
must contain the name of the watershed from which the operator
will be conducting the removal, the location where the sand and
gravel will be removed, and the description of the vehicles and
equipment that will be used for the removal.

Any person filing a complaint with the department for an alleged
violation of the provisions of the bill must identify himself or
herself by name and telephone number; specify the date and
location of the violation; and provide adequate information, as
determined by the department, of the violation.  Any records,
statements, or communications submitted by any person to the
department will be confidential and used solely by the department
to investigate the alleged violation.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am