
Forms and Applications
Application for Mining License
All persons, companies, or local governments engaging in surface mining or operation of an underground mine shall be licensed. Only one license per operator or company is required and will permit the licensee to mine at any location in the state. This includes persons mining limestone, building stone, rock, gravel, sand, volcanic ash, shale, clay, gypsum, salt, sandstone, silt, caliche, silica, and other industrial materials or minerals. This Act does not include coal, oil, and gas. K.S.A. 49-605
Initial licenses are issued upon receipt of application and a first time fee of $300 if all local, county, state, and federal, conditional use permits are satisfied. License applications shall be accompanied by a site registration(s), reclamation plan, site map, and a reclamation bond. One license allows an applicant to operate a mine at any registered location in the state.
Licenses are renewed annually. Notice is sent the last week of October. Renewal is due December 1. Renewal amount is determined by the number of tons of material produced in the previous year and reported in the Annual Mine Report. K.A.R. 11-8-2 has established the renewal fee amounts between $25 and $150 depending upon the amount reported in the Annual Mine Report. A license shall be renewed annually until all sites registered by that person have been properly reclaimed or transferred to another licensed operator.
The License will expire December 31 if not renewed. If a company is issued a license after October 1, they will not be required to renew the license for the following year. They will, however, be required to submit an Annual Report by April 1.
Application for New Site Registration (Private and Underground)
Each site that a mine operator is actively mining or will mine in the future shall be registered with the DOC. New sites must be registered at least 30 days before any mining activity begins. Each site will have its own identification number and reclamation plan. Site registrations shall be renewed annually. An aerial photo, engineered drawing, or survey map of each site with the mining area, stockpiles, overburden storage, and processing area clearly marked shall accompany each initial site registration.
Registration fees for new sites and inactive sites will be a flat rate of $45 per site. The year following their activation, the registration fee will convert to the tonnage and acreage fee. The fee is based upon a combination of tons of material sold or consumed annually ($0.003 per ton) and the number of acres of land annually affected ($45 per acre). The Annual Mine Report and Site Renewal forms are sent to the producers the last week of February and are due by April 1. The previous year's production and affected acres are reported and accompanied by the above fees.
Application for New Site Registration (County)
Same as private but no fees required.
Assignment of Certificate of Deposit
Assigns Certificate of Deposit to Division of Conservation (DOC). A bond can only be released by the Division of Conservation.
Credit Card Payment Form for Land Reclamation
Final Surface Mining Completion Report
Mining has ceased and reclamation will begin on reported date. Included is expected date grading to be completed and expected date of seeding.
Mined Land Reclamation Bond
Each applicant for registration of a surface mining site shall file a reclamation bond or other security with each application. K.A.R. 11-8-8(a) (1&2) established the following amounts:
- $400 per affected acre for sand and gravel mining operations.
- $600 per affected acre for all other types (mineral) mined.
The bonding requirement does not apply when a) no new lands affected after July 1, 1994 (pre-law) or b) aggregate of operator's sites is less than 2 acres. A County bond may replace if equal or greater amount. Cash deposit, surety or performance bond or irrevocable letter of credit is sufficient. Water is not bonded.
Amendment or Cancellation of Mine Sites (Private and Underground)
An operator may at any time apply for amendment or cancellation of registration of any site. This includes a lease transfer, change of ownership, or change of operator. The operator will submit the Amendment or Cancellation of Mine Sites form. If the mine site area is to be increased, the application shall be processed as a new site registration. K.S.A. 49-609(b)
Any land disturbed for mining shall meet the requirements for reclamation before it can be removed from registration or bond release. If the property is sold, leased, or otherwise transferred to another operator to continue mining, a legal agreement between the two parties shall determine reclamation responsibility and reported with the form. The new operator will sign the acceptance line at the bottom of the form per K.S.A. 49-609(d). The Amendment or Cancellation of Mine Sites form must be submitted and signed by both parties. This form is very important because it will identify who will be responsible for any reclamation to be completed. This can be a costly transfer if it is not negotiated in the contract. The form is signed by both parties involved in the transfer to indicate reclamation responsibility.
Amendment or Cancellation of Mine Sites (County)
Same as private except no fees required.
Reclamation Approval Request
Certifies all reclamation is complete and ready for final inspection by Division of Conservation staff.
Reclamation Bond Release Request
Reclamation is complete or ownership/lease rights transferred or replacement bond has been filed or a partial release is being filed.
Reclamation Plan
A Reclamation Plan for each site shall accompany each initial site registration. The plan will describe the amount of land to be affected, how reclamation will be achieved, and the post mining land use. The reclamation plan submitted is a preliminary plan. Changes may be made at any time. Final planning should occur with landowner and Division of Conservation staff. A map of the site shall be included with the plan.
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