Surface mining for coal in Missouri has a 100-year history beginning with the use of steam shovels in the early 1900s. There is potential desirable coal in Missouri because of it bituminous rank, but the coal beds are relatively thin and are a high cost to mine. Early surface coal mining fueled the energy needed for regional economies to grow and significantly contributed to the economy of WWII and the energy needed afterward for a growing population. Most of the surface coal mining in Missouri took place before the Federal Surface Mining Control and Reclamation Act of 1977 (the federal law that governs the activities of surface coal mining and reclamation in the United States).

The Surface Mining Control and Reclamation Act sets forth the laws that regulate coal mining and reclamation. They also established the Office of Surface Mining (OSM) that is charged with carrying out the implementation and enforcement, nationwide.  The office encouraged states to implement their own laws and regulations that are as effective as the federal laws and regulations to allow for differences for geographic region. The Missouri Land Reclamation Program is the federally approved regulatory authority for coal mining in Missouri.

Today, there are only eight coal permits in Missouri, with only one of those actively mining for coal. The remaining seven permits are active in order to complete the reclamation requirements. Coal mining is the most regulated industry in Missouri that also requires at least a year of baseline monitoring for surface and groundwater, full cost bonding as well as additional waivers or permits for air, National Pollution Discharge Elimination System, U.S. Fish and Wildlife, historic preservation and U.S. Army Corps of Engineers before the department can process a coal permit application. For these reasons, it has become a rarity for the department to receive inquiries to establish a new coal mine in Missouri. The department is requesting potential applicants contact the Land Reclamation Program for additional information and to obtain the necessary paperwork.  

Length of Permit

Each permit shall be issued for a fixed term not to exceed five years. A longer fixed permit term may be granted if the applicant shows that a specified longer term is reasonably needed with supporting documentation.  

Laws, Rules and Regulations

How to Apply

Applications

  • The number of businesses applying for this permit have diminished tremendously over the years. For this reason, the department's Land Reclamation Program requests those interested in applying for a permit contact the program directly for additional information regarding the application and procedures. A brief list of application procedures may be found under 10 CSR 40-6.

Fact Sheets

Fees

All new surface coal mining permits shall include an initial $100 fee. In addition, the fee shall include an acreage fee of $100 for each acre or fraction of an acre of the permit area. For multiple year permits, the acreage fee shall be paid annually by dividing the total acres in the permit area by the number of years covered by the permit and multiplying that number by that year’s acreage fee, and, after the first year, there shall be an annual fee of $100. The annual fee and acreage fee shall be paid as a condition to and prior to operating for that permit year.

  • Annual renewal fee - $100 plus acreage fee
  • Permit revision fee - $100
  • Permit transfer fee - $100
  • Coal exploration fee - $100
  • Reinstatement fee - $100

To learn more about additional fees, visit the Code of State Regulations 10 CSR 40-6.010(6). 

Timeline/ Process

Permitting is a very lengthy and involved process. Prior to submitting a permit to mine coal there are several prerequisites, including data collection, which must be completed before an application may be submitted to the department. The department is requesting potential applicant’s contact the Land Reclamation Program so they may explain the permit process in detail and provide necessary paperwork.  Brief overview of the process is included below.

  • Application is submitted to staff within 90 days to expected operations starting.
  • Completeness check is done. This can take up to 90 days. 
  • Staff notify government agencies and utilities within 10 days of application being considered complete. 
  • Public notice process and comment period begins.
  • Newspaper runs once a week for a total of four consecutive weeks.
  • 30 additional days are allowed after the last running of the newspaper for public comments to be received.
  • Staff continue to complete technical review of the application.
  • There may be three rounds of comments provided to the applicant. Issues must be resolved within 60 days by the applicant.
  • If comments are received, then an Informal Conference will be held within 30 days of the request.
  • The director makes a written findings after the Informal Conference within 60 days.
  • If no comments are received from the public, or after the informal conference is held, then the director may issue or deny the permit.
  • The applicant or public may request a hearing within 30 days of the permit decision.
  • The department will request additional information if the application is not complete, which will delay the review process.

Public Participation

Within 10 days of notification from the department that an application is considered administratively complete, the applicant shall place an advertisement in a local newspaper for general circulation at least once a week for four consecutive weeks. Any person who may be adversely affected shall have the right to file written comments on the application within 30 days after the last public notice was published in the newspaper.

The department will notify the applicant, local government officials and other commenters on the final decision for a permit, revision modification, renewal, or transfer sale or assignment of rights. The applicant or any person having an interest or may be adversely affected by the final permit decision may request a hearing to appeal to the Missouri Mining Commission or the department within 30 days after the final public notice was published. The commission shall hold the public hearing within 30 days of the request. Within 30 days after the close of the record, the commission shall issue and furnish the applicant and each person who participated in the hearing with the writing findings of fact, conclusions of law and order with respect to the appeal. 

Administrative Hearing Commission

Anyone who is adversely affected by the director's decision to issue, deny, suspend or revoke a permit must appeal within 30 days of the decision to the Administrative Hearing Commission as provided by 621.250.3 RSMo. All appeals must be filed by petition and send to:

Administrative Hearing Commission
PO Box 1557
Jefferson City, MO 65102
Phone: 573-751-2422
Fax: 573-751-5018
Website: Administrative Hearing Commission

Requirements

Reporting

There are numerous reporting requirements found in the Surface Coaling Mining regulations that include quarterly reports for the National Pollution Discharge and Elimination System (NPDES), groundwater monitoring, precipitation from rainfall, dams and embankments. Annual reports that include dams and embankments certification by registered professional engineer and reclamation status of work completed for the year. Applicants will receive detailed information about those requirements included in the final permit. The department’s Land Reclamation Program can provide additional information in detail regarding the reporting requirements.

Renewal

Application for renewal of a permit shall be filed at least 120 days before the permit expires. Contact the department's Land Reclamation Program to obtain a copy of the permit renewal application. Companies that have completed mining and are currently reclaiming the site are not required to renew their permit. The permit will remain in effect until the reclamation process is complete regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked or suspended.

Resources

Additional Data Resources

Reports and Publications

Report a Problem about Coal Mine Sites

Report a problem by calling us at 573-751-4041. If you prefer to report online, please use our Report an Environmental Concern form. The online form allows you to provide your contact information or to report anonymously. 

Report a Problem about Coal Mine Sites

(Mining took place after Aug. 3, 1977)

Your concern should be directed to the Land Reclamation Program. You have a right to report a coal mining site you believe is operating contrary to the law. For additional information or assistance please call or send a letter to us. By regulation, Land Reclamation Program staff may only formally investigate complaints when they are submitted in writing in the form a signed letter. If you do not want your information shared with the company, your identity will remain confidential and the complaint will be filed as anonymous. If you choose to remain anonymous please state so in your letter. 

Report a Problem about Abandoned Coal Mine Sites

(Mining took place before Aug. 3, 1977)

Your concern should be directed to the Land Reclamation Program. Today, coal operators are required to reclaim their sites when mining is completed. This was not always the case. Prior to passage of SMCRA, many mines were abandoned, leaving behind thousands of acres of scarred and useless land that have public safety hazards and environmental problems. Examples of these problems are dangerous highwalls, open portals and air shafts, and burning mine refuse (gob). SMCRA established a reclamation fund to finance restoration of mined land that was abandoned prior Aug. 3, 1977. Program staff also administers the AML Emergency Program and can respond within 24 hours when abandoned coal mine problems that suddenly occur and may be life-threatening. 

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