Nexgen project hits a roadblock

STE. GENEVIEVE — Operation Sand, the Ste. Genevieve County grassroots organization to block construction of a sand silica mine near Hawn State Park in Ste. Genevieve claimed a victory over the weekend.

The organization announced that The Administrative Hearing Commission is recommending that the Mining Commission throw out Nexgen’s Permit.

Details of the action are not available and it is not known if Nexgen can appeal the decision or if the mining commission must follow the hearing commission’s recommendation at all.

Still members of Operation Sand must consider it a step forward, because had the ruling had gone in Nexgen’s favor the company would have much more momentum as it seeks two more required permits.

MISSOURI ADMINISTRATIVE HEARING COMMISSION 
RECOMMENDS TO REVERSE NEXGEN MINING PERMIT

Ste. Genevieve, MO (Nov. 21, 2022) — On November 15, 2022, the Missouri  Administrative Hearing Commission (AHC) issued its Recommended Decision in the  appeal of the mining permit issued to Nexgen Silica, LLC. The AHC recommends that  the Nexgen mining permit be reversed. 

In February 2022, Nexgen applied to the Missouri Department of Natural  Resources, Land Reclamation Program (Program) for a mining permit. In March 2022,  Nexgen advised the Program that Nexgen entered into a mining lease agreement.  Subsequently, the mining permit was issued to Nexgen. 

Operation Sand, LLC, a group comprised of local residents opposing the  proposed silica frac sand mine, appealed the mining permit to the AHC. In the appeal,  Operation Sand alleged that in its application Nexgen failed to identify all persons with  

an interest in the property to be mined and failed to show that it had the legal right to  mine the property, both of which are legal requirements for permit applications.  Also, Operation Sand alleged the Program failed to fully investigate the  application, including the mine lease agreement, as required by law. Specifically, the  appeal alleged the Program never requested a copy of or conducted any review of the  mine lease agreement. Further, Operation Sand alleged that had the Program  investigated the mine lease agreement, it would have determined the agreement was  not a lease, but was only an option contract which did not convey any mineral rights to  Nexgen to mine the property.  

In its Recommended Decision, the AHC concluded “Nexgen’s permit application  was incomplete in that it failed to list all persons with a property interest in the mine plan  area and a source granting it a legal right, rather than an option to obtain that right, to  mine that property.” In particular, the AHC stated, “… it is clear that the Program’s  procedure for investigating applications led it to issue Nexgen’s permit unlawfully.”  

“We are elated that the AHC recommends that the mining permit be reversed,”  said Jillian Ditch Anslow, managing member of Operation Sand. “Throughout this  process, Operation Sand and all its supporters have expressed concerns about the 

potential harmful impacts from silica frac sand mining on the health of area residents  and the environment,” added Anslow. 

“The AHC recommendation goes to the Missouri Mining Commission for a final  decision,” said Leigh McNail, another Operation Sand member. “Everyone who is  opposed to this permit should write to the Missouri Mining Commission and urge them  to adopt the AHC recommendation,” added McNail. 

The Chair of the Missouri Mining Commission is: 

Dr. Gregory Haddock, Ph.D 

Associate Provost of Graduate Studies and Special Programs 

Northwest Missouri State University 

800 University Drive 

Maryville, MO 64468 

“The Mining Commission has not set a date for when the final decision on the  permit appeal will be held,” said Stephen Jeffery, Operation Sand’s attorney.