Section 517.790 - Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit; provisional operating permit(1) A landowner or operator may not allow or engage in surface mining on land not surface mined on July 1, 1972, without holding a valid operating permit from the State Department of Geology and Mineral Industries for the surface mining operation. A separate permit is required for each separate surface mining operation. A person seeking an operating permit from the department shall submit an application on a form provided by the department that contains the following information:(a) The name and address of the landowner and the operator and the names and addresses of any persons designated by them as their agents for the service of process.(b) The materials for which the operation is to be conducted.(c) The type of surface mining to be employed in the operation.(d) The proposed date for the initiation of the operation.(e) The size and legal description of the lands that will be affected by the operation, and, if more than 10 acres of land will be affected by the operation and if the department determines that the conditions warrant it, a map of the lands to be surface mined that includes the boundaries of the affected lands, topographic details of the lands, the location and names of all streams, roads, railroads, utility facilities, wells, irrigation ditches, ponds, stockpiles, buffers, setbacks and excavation boundaries within or adjacent to the lands, the location of all proposed access roads to be protected or constructed in conducting the operation and the names and addresses of the owners of all surface and mineral interests of the lands included within the surface mining area.(f) If practicable, a plan for visual screening by vegetation or otherwise that will be established and maintained on the lands within the operation for the purpose of screening the operation from the view of persons using adjacent public highways, public parks and residential areas.(g) The type of monitoring well abandonment procedures.(h) A proposed reclamation plan that is acceptable to and approved by the department.(i) Any other information that the department considers pertinent in its review of the application.(2) The department may waive the requirement for preparation and approval of a reclamation plan if: (a) The operation is conducted as part of the on-site construction of a building, public works project or other physical improvement of the subject property;(b) The operation is reasonably necessary for such construction; and(c) The proposed improvements are authorized by the local jurisdiction with land use authority.(3) The department may not issue an operating permit to an operator other than the owner or owners of the surface and mineral interests of the lands included within the surface mining area unless the operator: (a) Has written approval from the owner or owners of all surface and mineral interests of the lands included within the surface mining area; and(b) Maintains a legal interest in the lands that is sufficient to ensure that the operator has the authority to operate and reclaim the lands as provided in the operating permit and reclamation plan.(4) The department may refuse to issue an operating permit to a person who has not, in the determination of the department, substantially complied with the conditions of an operating permit or reclamation plan, the provisions of this chapter or the rules adopted by the department to carry out the purposes of this chapter.(5) The department shall issue a provisional operating permit to an applicant that has not obtained all required federal, state and local permits and approvals for the proposed mining operation, provided:(a) The applicant has complied with this chapter and the rules adopted by the department to carry out the purposes of this chapter; and(b) The permit:(A) Does not become effective until the applicant obtains all required permits and approvals; and(B) Contains conditions: (i) Requiring the applicant to obtain an amendment to the provisional operating permit if necessary to conform with a subsequently obtained federal, state or local permit or approval; and(ii) Prohibiting the applicant from allowing or engaging in any surface mining operations on the land prior to the effective date of the provisional operating permit.Amended by 2017 Ch. 736,§ 3, eff. 1/1/2018.1971 c.719 §4; 1973 c.709 §2; 1987 c.361 §10; 1989 c.347 §10; 1999 c.353 §3; 2007 c. 318, § 7