JEFFERSON CITY — A state appeals court delivered another setback Tuesday to a company seeking to mine silica sand in Ste. Genevieve County.
, the Missouri Court of Appeals at ºüÀêÊÓƵ said state mining regulators were correct in their decision to revoke a permit by Nexgen Silica, which wants to mine sand on 249 acres of rural land near Highway 32.
The Missouri Mining Commission ruled that Nexgen’s application was incomplete because it failed to list all people with a property interest in the area to be mined.
“We agree with the Mining Commission, and find that Nexgen’s permit application was incomplete. The application failed to identify multiple parties with an interest in the land,†the court said in a decision written by Judge Angela Quigless. “We find the Mining Commission’s decision was not unlawful; was not in excess of its jurisdiction; and was not unreasonable, arbitrary, or capricious.â€
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The ruling is a win for Operation Sand, the residents group that has organized against the plan over concerns the project would tarnish the natural landscape, degrade water systems and send toxic dust into the air. The mine is near Hawn State Park.
Nexgen intends to produce frack sand and/or industrial sands, moving the materials for transport on the Mississippi River at Ste. Genevieve, the company said in April.
While frack sand is used in natural gas drilling, industrial sand has a wide range of applications, from glass to computer chips.
The court, however, did not take up a cross appeal filed by the local opponents, saying the issue was now moot.
“Because Operation Sand received all of the relief it requested from the Missouri Mining Commission, namely denial of Nexgen’s mining permit, Operation Sand is not aggrieved by the decision. We dismiss Operation Sand’s appeal accordingly,†Quigless wrote.
Jillian Ditch Anslow, who has headed up local opposition to the mine, called the decision “great news†Tuesday.
“We are so thankful that the courts have upheld the denial of the mining permit, which otherwise would have been so disastrous for so many of us who live nearby,†Anslow said.
The company also may face headwinds in the Legislature.
Last spring, Rep. Rick Francis, a Perryville Republican who represents Ste. Genevieve County, introduced legislation that would allow county commissions or health boards to “enact reasonable ordinances, orders, or regulations applicable to†mining within “the geologic formation located in such county.â€
The measure did not advance before lawmakers adjourned in May, but it could resurface when the House and Senate reconvene in January.
The company could submit a new application that addresses issues raised by the mining board.
“Nexgen has the right to reapply for a permit,†said Jennifer Griffin, an attorney for the company.
But, Stephen Jeffery, an attorney for Operation Sand, said the company also must now comply with a new county ordinance that limits silica mines to locations at least a half-mile from any water source or resident.
“They clearly are subject to the county ordinance that applies setbacks to any mining permit,†Jeffery said.