HB 1389 -- Mining and Gravel Excavation

Sponsor:  Loehner

This bill allows a property owner, an operator conducting gravel
removal at the request of a property owner, or a political
subdivision who contracts with an operator for excavation to
remove and sell excess gravel without a permit if the primary
purpose for removal is to manage seasonal gravel accretion on
property not used primarily for gravel mining.  Gravel removal
cannot be conducted from March 15 through June 1 and must be
performed solely on the property owner's or political
subdivision's property and not within a distance to be determined
by the Land Reclamation Commission in the Department of Natural
Resources of any building, structure, highway, road, bridge,
viaduct, water or sewer line, and pipeline or utility line.
Property owners and operators must follow the departmental
guidelines regarding surface mining and gravel removal.

Property owners are limited to selling less than 5,000 tons of
gravel annually with a 1,500 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 commercially.  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
commercial gravel mining activities at the site will not require
the property owner to renotify the department.  Any operator
conducting gravel removal at the request of the property owner
who removes more than 5,000 tons of sand and gravel material
within a calendar year must have a watershed management practice
plan approved by the commission.  The application must be
accompanied by a $300 fee 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
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm