SD Codified L § 45-6B-7 (2021)
2021 South Dakota Codified Laws|Title 45 - Mining, Oil and Gas|Chapter 06B - Mined Land Reclamation|Section 45-6B-7 - Reclamation plan--Contents.

45-6B-7. Reclamation plan--Contents.The reclamation plan shall be based on provision for, or satisfactory explanation of, all general requirements for the type of reclamation proposed to be implemented by the operator. Reclamation is required on all affected lands except as provided in §§45-6B-8 and 45-6B-9. The reclamation plan shall include:(1)A description of the types of reclamation the operator proposes to achieve in the reclamation of the affected land, why each was chosen, and the amount of acreage accorded to each;(2)A standard soil survey of the affected land prepared by the local conservation district, paid for by the applicant, or if not available, a comparable soil survey prepared by a competent person;(3)A vegetative survey of the affected land prepared by the local conservation district, paid for by the applicant or prepared by a competent person, including a description of the dominant species of vegetation present, approximate size and density;(4)A preliminary wildlife survey of the affected land conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved by that department. Such survey shall include a description of the dominant species of wildlife inhabiting the area. The operator shall abide by any reasonable restrictions subject to review and approval by the Board of Minerals and Environment at the request of the operator concerning riparian habitat or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area;(5)A statement of any characteristics of the affected land of historic, archaeological, geologic, scientific, or recreational significance which are known to the applicant;(6)A description of how the reclamation plan will be implemented to meet the requirements of §§45-6B-37 to 45-6B-46, inclusive;(7)A description of how the reclamation plan will rehabilitate the affected land. This description shall include, but not be limited to, natural vegetation, wildlife, water, air, and soil;(8)A map of all of the proposed affected land by all phases of the total scope of the mining operation. It shall indicate the following:(a)The expected physical appearance of the area of the affected land; and(b)Portrayal of the proposed final land use for each portion of the affected land;(9)The baseline water quality and water level of all areas of aquifers potentially affected by the proposed mining operation. The Department of Agriculture and Natural Resources may designate, from the parameters set forth below, which parameters must be provided. The applicant shall use testing methods designated by the department:(a) Alkalinity(p) Hydrocarbon(bb) Radon(b) Aluminumpotential(cc) Selenium(c) Ammonia(q) Iron(dd) Silica(d) Arsenic(r) Lead(ee) Silver(e) Barium(s) Magnesium(ff) Sodium(f) Bicarbonate(t) Manganese(gg) Sulfate(g) Boron(u) Mercury(hh) Temperature(h) Cadmium(v) Molybdenum(ii) Total alpha,(i) Calcium(w) Nickelbeta and gamma(j) Carbonate(x) Nitrate asradiation(k) Chloridenitrogen(jj) Total dissolved(l) Chromium(y) pHsolids(m) Conductivity(z) Potassium(kk) Uranium(n) Copper(aa) Radium 226(ll) Vanadium(o) Fluorideand 228(mm) Zinc (10)The location of proposed reservoirs, tailings ponds, tailings disposal sites, dams, dikes, and diversion canals;(11)Provisions for the stripping, storage, and, if required, the replacement of the overburden and topsoil;(12)The estimated cost of implementing and completing the proposed reclamation. Source: SL 1982, ch 305, §7; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.