reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-67 - Operating and reclamation standards.

45-6-67. Operating and reclamation standards.
An operator shall comply with the following operating and reclamation standards:
(1)Surface mined areas shall be reclaimed and shaped to control erosion and eliminate hazards to domestic animals and wildlife, to protect public health and safety and the environment and to provide for appropriate future beneficial land use;
(2)All refuse, machinery, equipment, and materials from the pit operation shall be disposed of in a manner so as to create the least amount of unsightliness and unproductive areas and to not pollute surface or groundwater;
(3)Land shall be revegetated in such a way as agreed upon by the operator, the local conservation district and the landowner which establishes a diverse, effective, and long-lasting vegetative cover. For any future land use other than crop land, the revegetation shall be capable of self-regeneration and at least equal in extent of cover to the natural vegetation of the surrounding area;
(4)If it is necessary to remove overburden in order to remove the construction aggregates, topsoil shall be removed from the affected land and segregated from other spoil. If such topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, vegetative cover or other means shall be employed so that the topsoil is preserved from wind and water erosion, remains free of any contamination by other acid or toxic material and is in a usable condition for sustaining vegetation when restored during reclamation;
(5)Any disturbance to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quality and quantity of water in surface and groundwater systems both during and after the pit operation and during reclamation shall be minimized. Operations shall be conducted to protect all waters from pollution by siltation, waste, debris and toxic fluids or materials;
(6)All surface areas of the affected land, including spoil piles, shall be stabilized and protected so as to effectively control erosion and attendant air and water pollution. Noxious weed infestations shall be controlled during all phases of the pit operation and reclamation; and
(7)Any area outside of the affected land shall be protected from slides, subsidence, or damage occurring during the mining operation and reclamation. All high walls shall be reduced to a slope not greater than the angle of repose upon abandonment of the mining operation, unless such a reduction would create conditions more detrimental than preservation of the high wall. Prior to slope reduction, the operator shall take precautions to limit access to the high wall area and to warn the public of the high wall. Such precautions shall include fencing and posting of warning signs. If high wall reduction is deemed impossible, impractical or aesthetically undesirable by the board, the board shall prescribe adequate fencing.
Source:
SL 1983, ch 308, §5.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-67.1 - Reclamation by owner--Time limit--Extension--Forfeiture of surety.

45-6-67.1. Reclamation by owner--Time limit--Extension--Forfeiture of surety.
Any reclamation provided for in §45-6-67 shall be carried to completion by the operator with all reasonable diligence, and final reclamation shall be completed within three years after all mining under the license has ceased operation, unless such period is extended by the Board of Minerals and Environment upon a finding that additional time is necessary for the completion of final reclamation of all licensed sites. Failure to complete final reclamation within three years after all mining under the license has ceased may result in the forfeiture of the surety.
Source:
SL 1992, ch 254, §86.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-68 - Publication of notice of mine operation--Contents.

45-6-68. Publication of notice of mine operation--Contents.
The operator shall publish notice of each mine operation once in a newspaper of general circulation in the locality of the operation at least fourteen days before the commencement of mining. The notice shall contain the identity and address of the operator and resident agent, the location of the mining operation, whether the mineral to be mined is sand, gravel, or rock to be crushed and used in construction, the dates of commencement and completion of the operation, the proposed future use of the affected land and the location where additional information about the operation may be obtained.
Source:
SL 1983, ch 308, §6.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-69 - Notice of operation to public agencies--Contents--Time required.

45-6-69. Notice of operation to public agencies--Contents--Time required.
The operator shall submit notification, consisting of a map of the affected area and the information required in the newspaper notice to the South Dakota Department of Agriculture and Natural Resources, the South Dakota Department of Game, Fish and Parks, the South Dakota Department of Education, and the local conservation district, of the operator's intent to commence mining at a new mine site at least thirty days before beginning mining operations.
Source: SL 1983, ch 308, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2011, ch 165, §197; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-70 - Emergency waiver of notice requirements.

45-6-70. Emergency waiver of notice requirements.
When an emergency situation exists and when in the public interest, the secretary of agriculture and natural resources may waive the minimum fourteen-day advertising requirements and thirty-day notice requirement of §§45-6-68 and 45-6-69.
Source: SL 1983, ch 308, §8; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-71 - Security required--Amount--Conditions--Alternatives.

45-6-71. Security required--Amount--Conditions--Alternatives.
Prior to the commencement of mining, an operator shall submit to the Board of Minerals and Environment a surety in the amount of five hundred dollars per acre of affected land. In lieu of filing a surety for each operation, the operator may post a twenty thousand dollar surety for statewide mining of sand, gravel, or rock to be crushed and used in construction. If a corporate surety bond is required, the bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. In lieu of the required surety, the operator may deposit cash or a certificate of deposit made payable to the individual and to the board or government securities with the board in an amount equal to that of the required surety. The surety shall remain in effect until the affected land has been reclaimed, the reclamation is approved by the board and the surety is released by the board.
Source:
SL 1983, ch 308, §9.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-72 - Annual fee and report.

45-6-72. Annual fee and report.
Together with the annual license fee, the operator shall submit the following information for each location mined during the previous year: the tonnage of material removed, a map showing the areas mined, the areas reclaimed, and the acreage of each.
Source:
SL 1983, ch 308, §10; SL 2011, ch 165, §196.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-73 - Operation without license as misdemeanor.

45-6-73. Operation without license as misdemeanor.
An operator who operates a mine for the extraction of sand, gravel, or rock to be crushed and used in construction without a valid license obtained pursuant to the provisions of §§45-6-64 to 45-6-77, inclusive, is guilty of a Class 1 misdemeanor.
Source:
SL 1983, ch 308, §11.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-74 - Revocation of license.

45-6-74. Revocation of license.
The secretary of agriculture and natural resources may revoke the license of any operator found to be in violation of any provision of §§45-6-64 to 45-6-77, inclusive. The revocation shall occur pursuant to the provisions of chapter 1-26.
Source: SL 1983, ch 308, §12; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-75 - Appeal to board from revocation or denial of license.

45-6-75. Appeal to board from revocation or denial of license.
An operator may appeal a decision of the secretary of agriculture and natural resources to deny or rescind a mining license to the Board of Minerals and Environment. After providing the operator the opportunity for hearing, the board shall either confirm the secretary's decision or reinstate the license.
Source: SL 1983, ch 308, §13; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-76 - Refusing entry for inspection as violation of license--Obstructing inspection prohibited--Report of inspector to operator.

45-6-76. Refusing entry for inspection as violation of license--Obstructing inspection prohibited--Report of inspector to operator.
It is a violation of the terms and conditions of an operator's license to refuse entry or access to any authorized representative of the Board of Minerals and Environment who, after presenting appropriate credentials, requests entry for the purpose of inspection under §§45-6-64 to 45-6-77, inclusive. No operator may obstruct, hamper, or interfere with any such investigation. The operator of the mining site may request and shall receive a report within ten days after the inspection setting forth the observations made by the person making the inspection which relate to compliance with §§45-6-64 to 45-6-77, inclusive.
Source:
SL 1983, ch 308, §14; SL 2011, ch 165, §198.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-77 - Exemption of extraction for personal use.

45-6-77. Exemption of extraction for personal use.
The provisions of §§45-6-64 to 45-6-76, inclusive, do not apply to extraction of sand, gravel, or rock to be crushed and used in construction by an individual for personal use.
Source:
SL 1983, ch 308, §17.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-78 - Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.

45-6-78. Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.
Any mining operator may request from the department a temporary cessation of the license to mine for a period of no more than three years. A temporary cessation may be requested if no mining has occurred within the past one hundred days. A mining license is not in a state of temporary cessation if one of the following occurs:
(1)The mining under the license resumes within one year;
(2)Mining has been completed and only final reclamation and related activities remain to be completed; or
(3)A mining license has been issued, but the mining operation has not begun.
The provisions of §45-6-72 do not apply to the license during the period of a temporary cessation. All provisions of §§45-6-78 and 45-6-79 shall be met before a request may be granted by the department. The department shall grant a temporary cessation within ten days after a proper request is received. A license to mine shall be reinstated if the operator requests reinstatement and the one hundred dollar annual fee is submitted to the department.
Source:
SL 1992, ch 254, §87; SL 1993, ch 34, §7.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06 - Sand, Gravel And Construction Aggregate Mining › Section 45-6-79 - Filing request for temporary cessation--Contents.

45-6-79. Filing request for temporary cessation--Contents.
Any operator who desires to cease mining temporarily shall file a request for temporary cessation with the department. The request shall contain the following information:
(1)The operator's name and license number;
(2)The date of cessation of mining at each licensed site;
(3)Reasons for the cessation of mining activities; and
(4)A statement concerning the existing condition of the affected land and reclamation activities that have already been completed for each licensed site.
Source:
SL 1992, ch 254, §88.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-2 - Legislative findings and policy.

45-6B-2. Legislative findings and policy.
The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The development and extraction of these minerals by means of entry through the surface and the processing of such ores are necessary for the economic development of the state and nation. Every effort should be used to promote and encourage the development of mining as an industry, but to prevent the waste and spoilage of the land and the improper disposal of tailings which would deny its future use and productivity. Proper safeguards must be provided by the state to ensure that the health and safety of the people are not endangered and that upon depletion of the mineral resources and after disposal of tailings the affected land is usable and productive to the extent possible for agricultural or recreational pursuits or future resource development; that water and other natural resources are not endangered; and that aesthetics and a tax base are maintained, all for the health, safety and general welfare of the people of the state. The Legislature finds that an increase in the level of activity in the large-scale gold and silver mining industry in the Black Hills may cause or have the potential to cause impacts of unknown scope to competing land uses, the environment and other natural resources. The Legislature further finds that, due to the unknown consequences of such an increase in activity, additional information on the cumulative impacts of mining is needed for making decisions on future permits or amended permits for large-scale gold or silver mining operations and is necessary prior to the time the board takes any action on such permits for acres in excess of the limits established by §45-6B-83.
Source:
SL 1982, ch 305, §2; SL 1989, ch 306, §49A.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-4 - Local government permit--Additional bond or surety not authorized--Conditional mining permit.

45-6B-4. Local government permit--Additional bond or surety not authorized--Conditional mining permit.
Any county or first or second class municipality which has adopted a comprehensive plan and zoning ordinances may adopt ordinances or requirements governing mining operations which are not inconsistent or in conflict with applicable state laws or administrative rules. However, such county or municipality may not require additional bonds or sureties if the same are required by state law or administrative rule. The Board of Minerals and Environment may not grant a permit for a mining operation unless the applicant has complied with all county or city ordinances and requirements and obtained necessary county or city permits. However, if the applicant has substantially complied with the procedure for obtaining any necessary county or city permits but has not obtained such permits due to administrative delay, the Board of Minerals and Environment may grant a mining permit which is conditioned upon the issuance of all necessary county or city permits within sixty days of the date of the board's issuance of the conditioned mining permit. If a county or municipality has adopted an ordinance governing mining operations, any proceedings of and any action taken by the county or municipality with regard to the proposed mining operation may be considered by the Board of Minerals and Environment before the issuance or denial of a permit pursuant to this chapter, including a permit conditioned upon the issuance of all necessary county or city permits.
No mining operations may be commenced under a permit conditioned upon the issuance of all necessary county or city permits until the Board of Minerals and Environment is notified by the applicant in writing that the required county or city permits have been obtained by the applicant.
Source:
SL 1982, ch 305, §4; SL 1987, ch 319; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-5 - Application for permit for mining operation.

45-6B-5. Application for permit for mining operation.
Any person desiring to engage in a mining operation shall make written application to the Board of Minerals and Environment for a permit for each mining operation on forms furnished by the board. The permit, if approved, authorizes the operator to engage in the mining operation on the affected lands described in the application for the life of the mine. The application shall consist of:
(1)One copy of the application pursuant to §45-6B-6;
(2)A reclamation plan pursuant to §45-6B-7 submitted with the application;
(3)An accurate map of the affected lands pursuant to §45-6B-10 submitted with the application;
(4)The application fee pursuant to §45-6B-14; and
(5)A post-closure plan for mine waste disposal facilities.
Source:
SL 1982, ch 305, §5; SL 1989, ch 306, §52A; SL 2011, ch 165, §199.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-6 - Application for permit--Contents.

45-6B-6. Application for permit--Contents.
The application form shall contain the following information:
(1)The legal description and area of affected land;
(2)The owner of the surface of the area of the affected land;
(3)The owner of the substance to be mined;
(4)The source of the applicant's legal right to enter and initiate a mining operation on the affected land;
(5)The source of the applicant's legal right to dispose of tailings on the described affected land, if applicable;
(6)The address and telephone number of the general office and the local address and telephone number of the applicant;
(7)The mineral or minerals to be extracted or milled, or both;
(8)A description of the method of mining or milling to be employed which shall include, if applicable:
(a)A contour basis for the mining operation;
(b)The depth to which and the direction in which the mining operations are proposed to be conducted;
(c)The proposed disposition of mine spoil and tailings; and
(d)The method of blasting and control thereof;
(9)The size of the area to be worked at any one time;
(10)The timetable estimating the proposed duration of the mining operation; and
(11)The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant access to the Board of Minerals and Environment or its agents to the area under application from the date of the application and during the life of the permit as is necessary to assure compliance with the provisions of this chapter or any rule, order or decision promulgated hereunder.
Source:
SL 1982, ch 305, §6; SL 2021, ch 191, § 2.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-8 - Previously mined land--Reclamation not required for surface mining.

45-6B-8. Previously mined land--Reclamation not required for surface mining.
Any new or existing surface mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1971. The Board of Minerals and Environment may not require reclamation of such land as a condition of any permit. The applicant shall identify existing land which is in this category.
Source:
SL 1982, ch 305, §8.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-9 - Previously mined land--Reclamation not required for underground mining.

45-6B-9. Previously mined land--Reclamation not required for underground mining.
Any new or existing underground mining operation being conducted on previously mined land with existing unreclaimed land disturbance may not be required to reclaim such existing unreclaimed land disturbance which was incurred prior to July 1, 1980. The Board of Minerals and Environment may not require reclamation of such land as a condition of any permit. The applicant shall identify existing land which is in this category.
Source:
SL 1982, ch 305, §9.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-10 - Map of affected area.

45-6B-10. Map of affected area.
The accurate map of the affected area shall:
(1)Identify the area which corresponds with the application;
(2)Show adjoining surface owners of record;
(3)Be drawn to a scale of not more than one to twenty-five thousand. A standard agricultural stabilization and conservation service aerial photo map is sufficient to meet this requirement;
(4)Show the name and location of all domestic and commercial water wells, creeks, roads, buildings, oil and gas wells and pipelines, and power and communication lines on the area of affected land and within two hundred feet of all boundaries of the affected land;
(5)Show the total area to be involved in the operation, including the area to be mined, the area of affected land and, if applicable, the area proposed for tailings disposition; and
(6)Indicate on the map or by a statement the general type, thickness, and distribution of soil over the affected land.
Source:
SL 1982, ch 305, §10.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-11 - Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks.

45-6B-11. Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks.
Within ten days of its receipt of a mining operation permit application, the Department of Agriculture and Natural Resources shall send copies of the reclamation plan to the Department of Education and the Department of Game, Fish and Parks. Within thirty days of their receipt, the departments may submit written comments for consideration by the board. The failure of any department to respond within thirty days shall constitute its approval of the reclamation plan.
Source:
SL 1982, ch 305, §11; SL 2003, ch 272, §63; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 51, 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-12 - Consultation with surface owner--Instrument of consultation.

45-6B-12. Consultation with surface owner--Instrument of consultation.
Before conducting a mining operation in the permit area, the applicant shall submit to the Board of Minerals and Environment an instrument of consultation from the surface landowner of the permit area, if different from the owner of the mineral interest. The instrument of consultation shall grant the operator permission to enter and commence the operations and shall contain written receipt of the operating and reclamation plans.
Source:
SL 1982, ch 305, §12.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-13 - Instrument of consultation not obtained--Hearing and order.

45-6B-13. Instrument of consultation not obtained--Hearing and order.
If the instrument of consultation required by §45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds:
(1)That the operating and reclamation plans have been submitted to the surface landowner as provided in §45-6B-12;
(2)That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and
(3)The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.
Source:
SL 1982, ch 305, §13.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-14 - Fee for application.

45-6B-14. Fee for application.
The application fee of one thousand dollars shall accompany the application. However, the application fee shall be fifty thousand dollars for a new large scale precious metal, coal, or uranium mine permit. The application fee for an amendment to an existing large scale precious metal, coal, or uranium mine permit shall be five thousand dollars.
Source:
SL 1982, ch 305, §14; SL 2009, ch 13, §4; SL 2012, ch 211, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-15 - Copy of application filed with department and register of deeds--Public inspection.

45-6B-15. Copy of application filed with department and register of deeds--Public inspection.
Upon the filing of an application for a mining permit with the Board of Minerals and Environment, the applicant shall place a copy of such application for public inspection at the office of the Department of Agriculture and Natural Resources and at the office of the register of deeds of the county in which the affected land is located. The copy of the application placed at the office of the register of deeds need not be recorded, except at the request of the applicant. Such copy shall be retained there until the application has been approved or denied by the board, and such application shall be available for public inspection. At the end of such period, the copy may be reclaimed or destroyed by the applicant unless it is recorded. Confidential information exempted by §45-6B-19 shall be deleted by the applicant from all copies available for public inspection.
Source: SL 1982, ch 305, §15; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-16 - Notice of application--Publication.

45-6B-16. Notice of application--Publication.
The applicant shall cause notice of the filing of his application to be published in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks, commencing not more than fifteen days after the filing of his application with the Board of Minerals and Environment. Such notice, prepared by the Department of Agriculture and Natural Resources, shall contain the identity and address of the applicant and resident agent, the location of the proposed mining operation, the primary mineral to be mined, the proposed dates of commencement and completion of the operation, the proposed future use of the affected land, the location where additional information about the operation may be obtained, and the location of and final date for filing objections with the board.
Source: SL 1982, ch 305, §16; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-17 - Notice of application--Mailing to owners and lessees of surface rights.

45-6B-17. Notice of application--Mailing to owners and lessees of surface rights.
In addition to the notice requirement of §45-6B-16, the applicant shall mail a copy of such notice immediately after first publication to all owners and lessees of the surface rights of the affected land if other than the mineral owner. Proof of such notice and mailing, such as certified mail with return receipt requested where possible, shall be provided the Board of Minerals and Environment and become part of the application.
Source:
SL 1982, ch 305, §17.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-18 - Amendment of permit and modifications of operating or reclamation plans--Application fees.

45-6B-18. Amendment of permit and modifications of operating or reclamation plans--Application fees.
At the request of the operator, the Board of Minerals and Environment may issue an amendment to the original permit covering additional contiguous land or making minor modifications of the terms and conditions of the operating or reclamation plans. An application to amend a large scale permit shall include the application fee provided by §45-6B-14. An application to amend a small scale permit shall include the application fee provided by §45-6B-55.
Source:
SL 1982, ch 305, §18; SL 1988, ch 360, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-19 - Confidential information in application protected--Violation as misdemeanor.

45-6B-19. Confidential information in application protected--Violation as misdemeanor.
Information provided to the state agencies in an application for a mining permit relating to the geologic data, size, extent, and economic value of a mineral deposit and information that may affect the competitive position of the applicant and marked confidential by the applicant shall be protected as confidential information by state agencies and not be a matter of public record in the absence of a written release from the operator. A person who knowingly violates the provisions of this section is guilty of a Class 2 misdemeanor.
Source:
SL 1982, ch 305, §19.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-20 - Inspection of site prior to issuance of permit--Surety for reclamation costs required.

45-6B-20. Inspection of site prior to issuance of permit--Surety for reclamation costs required.
Prior to the issuance of a mining permit the Board of Minerals and Environment shall cause an inspection to be made of the proposed mine site. Based upon this inspection, the criteria established in §45-6B-21, and the submitted reclamation plan, the board shall set the level of the surety necessary to guarantee the costs of reclamation of affected public and private lands. The surety shall be filed or deposited with the board before the issuance of the mining permit in such form as required by the board.
Source:
SL 1982, ch 305, §20.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-20.1 - Board may require additional proof of financial assurance from certain operators--Content and amount--Factors for consideration.

45-6B-20.1. Board may require additional proof of financial assurance from certain operators--Content and amount--Factors for consideration.
The board may require any operator whose mining operation employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore, in addition to the surety required by §45-6B-20, to file or deposit an additional proof of financial assurance with the board before the issuance of the mining permit in such form as required by the board. The financial assurance may consist of insurance, cash, company net worth, or such other form of security as the board deems adequate to protect the interests of the public. The board shall set the amount of the financial assurance based on the cost of responding to and remediating accidental releases of cyanide or other chemical or biological leaching agents to the environment. In determining the assurance amount for responding to and remediating accidental releases, the board shall consider such factors as the distance to surface water and groundwater resources and their beneficial use classification, the financial and technical capability of the operator to respond to accidental releases, the type and amount of leaching agents to be used by the operator, contingencies and safeguards built into the operating and reclamation plans to lessen the likelihood of accidental releases, and any other site-specific factor related to protection of public health and safety or the environment. The amount of the financial assurance may not be more than one million dollars. Any operator whose proof of financial assurance is based on company net worth shall report to the board yearly the status of the company's net worth.
Source:
SL 1989, ch 306, §50; SL 2009, ch 226, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-20.2 - Time for filing under 45-6B-20.1.

45-6B-20.2. Time for filing under 45-6B-20.1.
The operator of any existing mining operation that employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore shall, if required by the board, file or deposit the proof of financial assurance with the board pursuant to §45-6B-20.1 within one hundred twenty days of the order of the board.
Source:
SL 1989, ch 306, §51.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-21 - Criteria for determining amount and duration of surety.

45-6B-21. Criteria for determining amount and duration of surety.
In determining the amount and duration of the surety to be required, the Board of Minerals and Environment shall consider factual information as to the magnitude, type, and costs of reclamation activities planned for the affected land and the nature, extent, and duration of the mining operation. The board shall also consider any surety or cash bond for the proposed mining operation required by an agency of the federal government which surety is required for reclamation purposes. The amount of the surety shall be based on the cost of reclaiming only that portion of the affected lands to be disturbed and the extent of such disturbance at any one time during the various stages of the mining operation.
Source:
SL 1982, ch 305, §21.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-22 - Surety bond--Surety other than bond--Considerations by board.

45-6B-22. Surety bond--Surety other than bond--Considerations by board.
In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, such factors as the operator's financial status, assets within the state, past performance on contractual agreements, and facilities available to carry out the planned work. The operator shall supply evidence of financial responsibility for all surety other than a bond.
Source:
SL 1982, ch 305, §22; SL 2011, ch 165, §200.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-23 - Cash or securities in lieu of surety.

45-6B-23. Cash or securities in lieu of surety.
In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in §45-6B-24.
Source:
SL 1982, ch 305, §23; SL 1987, ch 323, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-24 - Surety payable to state--Conditions required.

45-6B-24. Surety payable to state--Conditions required.
The surety required by §45-6B-20 shall be payable to the State of South Dakota and conditioned upon the operator's faithful performance of all requirements of this chapter and compliance with the terms of the operating and reclamation plans approved by the Board of Minerals and Environment. If a corporate surety bond is required, such bond shall be signed by the operator as principal and by a surety insurer certified under chapter 58-21. Such surety shall remain in effect until the affected land has been reclaimed, the reclamation is approved by the board and is released by the board.
Source:
SL 1982, ch 305, §24.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-25 - Surety liability continues until released.

45-6B-25. Surety liability continues until released.
Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation.
Source:
SL 1982, ch 305, §25.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-26 - Surety penalty--Amount.

45-6B-26. Surety penalty--Amount.
The penalty of the required surety shall be in an amount sufficient to cover the cost of reclamation as determined pursuant to §45-6B-21.
Source:
SL 1982, ch 305, §26.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-27 - Surety penalty--Increase or reduction.

45-6B-27. Surety penalty--Increase or reduction.
The penalty of the surety shall from time to time be increased or reduced by the Board of Minerals and Environment so that the bond covers the cost of reclamation which would accrue to the state, if the state were required to reclaim the affected areas within the permit or in accordance with the number of acres to which the bond is no longer operative because of the operator's withdrawal of acreage or by reason of the operator's performance of his or her obligations subsequent to the issuance of the permit.
Source:
SL 1982, ch 305, §27; SL 2011, ch 165, §201.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-28 - Objections--Statements in support of application--Notice and hearing.

45-6B-28. Objections--Statements in support of application--Notice and hearing.
Any person may file written objections to or statements in support of an application for a mining permit with the Board of Minerals and Environment. Such material shall be filed with the board not more than twenty days after the date of last publication of notice pursuant to §45-6B-16. The board shall hold a hearing pursuant to §45-6B-30 on the question of whether the permit should be granted. The applicant shall be notified by the board or department within ten days of receipt of any objections to the application and be provided a copy of the written objections.
Source:
SL 1982, ch 305, §28; SL 2011, ch 165, §202.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-29 - County request for hearing on application.

45-6B-29. County request for hearing on application.
The board of county commissioners of a county containing affected land may request that a hearing on the application for a mining permit be held in that county. Such request shall be filed with the Board of Minerals and Environment not more than twenty days after the date of last publication of notice pursuant to §45-6B-16. Such request shall contain the reason for requesting the hearing and the location where the hearing is to be held. The board of county commissioners shall pay travel and per diem costs as established by state statute or rule to the board staff if the request designates the hearing at a location other than Pierre.
Source:
SL 1982, ch 305, §29.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-30 - Hearing on application--Time extension--Notice--Time for decision.

45-6B-30. Hearing on application--Time extension--Notice--Time for decision.
Upon receipt of an application for a mining operation permit and all fees due from the applicant, the Board of Minerals and Environment shall set a date for the hearing on such application not more than ninety days after the date of filing. However, the board, on request of the applicant, may extend this time limit as reasonably necessary to allow the preparation of a socioeconomic impact study required under §45-6B-33.1 or for any other reason, except that any time extension exceeding forty-five days shall require the applicant to republish the notice prescribed by §45-6B-16. If the department determines additional time is needed to review the technical contents of a large scale mining operation permit application, the department and the applicant may negotiate a time extension, not to exceed forty-five days. If the department and applicant are unable to reach agreement on an extension, the board shall determine if an extension should be granted. Prior to the holding of any such hearing, the board shall provide notice to any person previously filing a protest or petition for a hearing or statement in support of the application pursuant to §45-6B-28, and shall publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted pursuant to chapter 1-26. A final decision on the application shall be made within one hundred twenty days of the receipt of the application unless a time extension occurs, in which case the decision shall be made within thirty days following the hearing. In the event of serious unforeseen circumstances or significant snow cover on the affected land that prevents a necessary on-site inspection, the board may reasonably extend the maximum time sixty days.
Source:
SL 1982, ch 305, §30; SL 1987, ch 320, §3; SL 1988, ch 360, §3.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-31 - Modification of application prior to hearing.

45-6B-31. Modification of application prior to hearing.
Prior to the date set for the hearing on the application the applicant may, at the request of the Department of Agriculture and Natural Resources, modify the application or correct any errors.
Source: SL 1982, ch 305, §31; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-32 - Grant of permit if application in compliance with law--Grounds for denial.

45-6B-32. Grant of permit if application in compliance with law--Grounds for denial.
The Board of Minerals and Environment shall grant a permit to an operator if the application complies with the requirements of this chapter and all applicable local, state, and federal laws. The board may not deny a permit, except for one or more of the following reasons:
(1)The application is incomplete or the surety has not been posted;
(2)The applicant has not paid the required fee;
(3)Any part of the proposed mining operation, the reclamation program, or the proposed future use is contrary to the laws or regulations of this state or the United States;
(4)The mining operation will adversely affect the stability of any significant, valuable, and permanent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the operator;
(5)The mining operation would be in violation of any county zoning or subdivision regulations;
(6)The proposed mining operation and reclamation can not be carried out in conformance with the requirements of §45-6B-35;
(7)The operator is currently found to be in violation of the provisions of this chapter with respect to any mining operation in this state; or
(8)The land is unsuitable for a mining operation, as determined pursuant to §45-6B-33.
Source:
SL 1982, ch 305, §32.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-33 - Unsuitable land--No permit issued.

45-6B-33. Unsuitable land--No permit issued.
No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated:
(1)Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasible;
(2)Substantial disposition of sediment in stream or lake beds, landslides, or water pollution cannot feasibly be prevented;
(3)The land to be affected by a proposed mining operation includes land that is special, exceptional, critical, or unique as defined in §45-6B-33.3 and satisfactory mitigation is not possible;
(4)The proposed mining operation will result in the loss or reduction of long-range productivity of aquifer, public and domestic water wells, watershed lands, aquifer recharge areas, or significant agricultural areas;
(5)The biological productivity of the land is such that the loss would jeopardize threatened or endangered species of wildlife indigenous to the area; or
(6)The board finds that any probable adverse socioeconomic impacts of the proposed mining operation outweigh the probable beneficial impacts of the operation.
Source:
SL 1982, ch 305, §33; SL 1987, ch 320, §1; SL 1989, ch 381, §1.
2023 South Dakota Codified Laws › Title 45 - Mining, Oil and Gas › Chapter 06B - Mined Land Reclamation › Section 45-6B-33.1 - Socioeconomic impact study--Preparation at operator's expense--Contents--Determination of sufficiency.

45-6B-33.1. Socioeconomic impact study--Preparation at operator's expense--Contents--Determination of sufficiency.
Before making a determination pursuant to subdivision 45-6B-33(6), the board shall require the applicant to submit a socioeconomic impact study. The socioeconomic impact study shall be prepared at the operator's expense by a contractor approved by the board. An applicant may request board approval of a contractor at any time before or after filing a permit application.
The socioeconomic impact study shall evaluate the potential impacts of the proposed mining operation including the following areas:
(1)Population base;
(2)Employment and income;
(3)Tax base;
(4)Housing;
(5)Community services, including schools, law enforcement and fire protection, solid waste, water and wastewater, and roads; and
(6)Recreational opportunities or other beneficial uses of land within and adjacent to the permit area.
If applicable, a study shall include an evaluation of the cumulative impacts of the proposed operation considered together with existing operations in the surrounding region. If an applicant is required to submit a socioeconomic impact study to a county government pursuant to county zoning ordinance or requirements, the board shall determine upon receipt of an application for a mining operation permit whether the required county socioeconomic impact study will satisfy the board requirements for such a study as provided for in this section.
Source:
SL 1987, ch 320, §2; SL 2011, ch 165, §203.