reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:06 - Procedure for determining reclamation type › Section 74:29:06:05 - Approval required for future mineral exploration and development as a reclamation type

Current through Register Vol. 51, page 10, July 15, 2024
Future mineral exploration and development as a reclamation type is
	 subject to approval by the board, the operator, the landowner, and the local
	 board of county commissioners pursuant to SDCL
	 45-6B-44. Landowner, county
	 commission, and operator approval of this reclamation type must obtained before
	 submission of a mining operation permit application or a permit amendment
	 application.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-44,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:06 - Procedure for determining reclamation type › Section 74:29:06:06 - Confidential information

Current through Register Vol. 51, page 10, July 15, 2024
Information marked confidential that is provided to justify future
	 mineral exploration and development or other reclamation types is considered
	 part of the permit application and shall be protected pursuant to SDCL
	 45-6B-19.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:01 - General requirements for all reclamation types

Current through Register Vol. 51, page 10, July 15, 2024
All mining operations must comply with the general requirements in
	 §§
									74:29:07:02 to
	 74:29:07:17, inclusive, and with
	 the following requirements:
(1)
  Reclamation must rehabilitate the affected land to a condition that meets the
  selected postmining land use;
(2)
  All reclamation activities are subject to the concurrent, interim, and final
  reclamation requirements of chapter 74:29:08; and
(3) All reclamation required by the approved
  reclamation plan must be completed prior to final and full bond
  release.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-25,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:02 - Minimizing of adverse impacts

Current through Register Vol. 51, page 10, July 15, 2024
To minimize the adverse impacts of a mining operation, the following
	 must be considered during the mine planning process:
(1) Design of mine operation facilities to
  minimize surface disturbances;
(2)
  Construction of mine facilities so that affected lands are cleared in small
  sections or increments to match the needs of mine production;
(3) Visual screening of affected lands,
  including pits, dumps, impoundments, process facilities, buildings, and
  equipment;
(4) Design,
  construction, and location of mine facilities to minimize impacts to surface
  water and groundwater;
(5) Control
  of access;
(6) Preventive measures
  to minimize harmful impacts to wildlife;
(7) Location of waste dumps, spoil piles, and
  topsoil stockpiles to facilitate implementation of reclamation and to minimize
  environmental impacts;
(8)
  Minimizing the production of mine waste and spoil;
(9) Design and location of facilities so they
  are compatible with surrounding land uses; and
(10) Integration of mine operations planning
  with the reclamation plan.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:03 - Grading and backfilling - Necessity

Current through Register Vol. 51, page 10, July 15, 2024
Grading, backfilling, and other topographic reconstruction methods must
	 be included in the reclamation plan to achieve visually and functionally
	 compatible contours.
Backfilling is not required if the applicant can demonstrate that it is
	 economically or physically infeasible. In determining if backfilling is
	 required or the extent to which it is required, the board shall consider the
	 following factors:
(1) Public safety
  and welfare;
(2) Technical and
  economic feasibility;
(3) Surface
  and mineral ownership;
(4) Land use
  requirements;
(5) Pollution
  potential; and
(6) Mineral resource
  values.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:04 - Grading and backfilling - Criteria

Current through Register Vol. 51, page 10, July 15, 2024
The following general criteria apply to all grading, backfilling, or
	 other topographic reconstruction methods:
(1) All reclaimed slopes and slope
  combinations must meet the following requirements:
(a) Be visually and functionally compatible
  with the configuration of the surrounding area;
(b) Be suitable for the postmining land
  use;
(c) Be structurally stable;
  and
(d) For fill slopes or other
  slopes composed of unconsolidated material, not exceed the angle of
  repose;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:05 - Disposal of refuse

Current through Register Vol. 51, page 10, July 15, 2024
All refuse from the mining operation, including garbage and rubbish,
	 must be disposed of in an approved landfill or may be disposed of on-site if
	 disposal complies with the South Dakota solid waste regulations in article
	 74:27. Acid-forming or toxin-producing materials that have been mined must be
	 handled and disposed of in a manner that will control unsightliness and protect
	 the hydrologic system from pollution. All hazardous wastes must be handled in
	 accordance with South Dakota hazardous waste regulations in article
	 74:28.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-45,
		46-6B-83.
Solid waste, art 74:27; Hazardous waste, art
		74:28.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:06 - Revegetation

Current through Register Vol. 51, page 10, July 15, 2024
Revegetation must meet the following general requirements:
(1) Vegetative species and composition must
  be appropriate for the postmining land use. The species of vegetation to be
  used must be described in the reclamation plan, indicating the composition of
  seed mixtures and plant types and the seeding and planting rates per acre.
  Vegetative species and composition must be selected in consultation with the
  local conservation district, the landowner, and the department of game, fish,
  and parks if wildlife habitat is included as a postmining land use. Introduced,
  naturalized, or nonnative plant species may be used only if they are suitable
  for the postmining land use and are approved by the board;
(2) The applicant must develop methods and
  procedures for revegetation which incorporate reference areas, baseline data
  comparisons, or other procedures to determine postreclamation revegetation
  success;
(3) A reference area may
  serve as a basis for comparatively measuring reclamation success. Reference
  areas must meet the following requirements:
(a) Be large enough to make
  comparisons;
(b) Be located in
  areas where they will not be affected by future mining while serving their
  designated use;
(c) Be managed in a
  way that will not cause significant changes in the cover, productivity, species
  diversity, and composition of the vegetation; and
(d) Be representative of the postmining land
  use; and
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:07 - Topsoil management

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of SDCL
	 45-6B-40, topsoil must be managed
	 as follows:
(1) All salvageable
  topsoil or other suitable material must be removed from the areas of affected
  land before the land is disturbed. The board may authorize topsoil to remain on
  areas where minor disturbances associated with construction and installation
  activities will occur, such as light-use roads, signs, utility lines, fences,
  and monitoring stations, provided that the minor disturbances will not
  adversely affect the soil resource;
(2) Where long-term disturbances will occur,
  the board may authorize the temporary distribution of a portion of stockpiled
  topsoil or other suitable material to enhance stabilization of affected lands
  during periods of interim reclamation and temporary cessation of operations
  under the following conditions:
(a) The
  topsoil or subsoil capacity and productive capabilities are not diminished by
  the distribution or can be restored;
(b) The topsoil is protected from erosion;
  and
(c) The topsoil will be
  available for final reclamation;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:08 - Hydrologic balance - Water quality

Current through Register Vol. 51, page 10, July 15, 2024
To minimize disturbances to the prevailing hydrologic balance of the
	 affected land and adverse effects on the quality and quantity of surface water
	 and groundwater, both during and after the mining operation and during
	 reclamation, the following requirements must be met:
(1) South Dakota water rights laws and
  regulations must be complied with;
(2) South Dakota water quality laws and
  regulations must be complied with;
(3) Dredge and fill laws in sections 401 and
  404 of the Federal Clean Water Act as they existed on February 1, 1987, must be
  complied with;
(4) Temporary or
  large sedimentation, erosion, or drainage control structures must be removed
  after affected lands have been vegetated and stabilized, if required by the
  reclamation plan;
(5) Permanent
  diversion structures must be designed not to erode during the passage of the
  approved design precipitation event; and
(6) Unchannelized surface water must be
  diverted around the operation as necessary to minimize pollution and erosion
  and to protect the operation and downstream water users who have prior water
  rights.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-45.
Water rights statutes and rules, SDCL
		1-40-15 to
		1-40-20, 43-17, 46-1 to 46-10A, and
		art 74:02; Water quality statutes and rules, SDCL 34A-2 and 34A-3A and arts
		74:51, 74:52, and 74:54.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:09 - Surface runoff diversions

Current through Register Vol. 51, page 10, July 15, 2024
Surface runoff diversions must meet the following general
	 requirements:
(1) In soils or other
  unconsolidated material, the sides of diversion ditches may be no steeper than
  two horizontal to one vertical. The sides and, in ditches carrying intermittent
  discharges, the bottom must be stabilized by seeding with grasses or other
  methods specified in the reclamation plan as soon as practicable;
(2) In rock, the sides of diversion ditches
  must be stable;
(3) Rock riprap,
  concrete, geosynthetic liners, geosynthetic filter media, soil cement, or other
  methods must be used where necessary to prevent erosion;
(4) Culverts or bridges must be installed
  where necessary to allow access;
(5) Diversion ditches must be constructed to
  minimize hazards to humans, wildlife, or livestock;
(6) Surface runoff diversions around milling
  or processing facilities using potentially toxic chemicals or materials must be
  capable of carrying the flow from the six-hour probable maximum precipitation
  event without causing erosion;
(7)
  All other surface water diversions must be capable of carrying a minimum of the
  two-year six-hour precipitation event without causing erosion; and
(8) Diversion ditches may not discharge on
  topsoil storage areas, spoil, or other unconsolidated material such as newly
  reclaimed affected lands.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-45.
Definition of probable maximum precipitation, §
											74:02:08:01.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:10 - Diversions of intermittent and perennial streams

Current through Register Vol. 51, page 10, July 15, 2024
Permanent or temporary diversions of intermittent and perennial streams
	 on affected lands must meet the following general requirements:
(1) Spoil, topsoil, or other unconsolidated
  materials may not be pushed into or placed within 10 feet of the banks of a
  perennial or intermittent stream or in a location which may subject them to
  bankfull flooding except during the construction of the diversion as approved
  in the permit;
(2) The banks of a
  diverted perennial or intermittent stream must be stabilized and vegetated with
  approved species as soon as practicable;
(3) The banks and channel of a diverted
  perennial or intermittent stream must be protected where necessary by rock,
  geosynthetic liners, geosynthetic filter media, riprap, or similar measures to
  minimize erosion and degradation of water quality. Permanent diversions must be
  designed and constructed to prevent erosion and to carry flow consistent with
  the flow produced by stream's original width, depth, shape, and
  gradient;
(4) The board may not
  permit mining on the flood plain of a perennial or intermittent stream if it
  would cause the uncontrolled diversion of the stream during bankfull
  periods;
(5) Channel and flood
  plain diversions must be designed to prevent erosion during the passage of the
  approved design precipitation event. Cross-sections and other hydrologic data
  for the existing stream above, below, and within the diversion area must be
  used to determine the flow capacities, channel configuration, and shape of the
  diversion. Such design information must be included in the reclamation plan;
  and
(6) The water quality of a
  diverted intermittent or perennial stream must meet surface water quality
  standards in chapter 74:51:01.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:11 - Impoundments

Current through Register Vol. 51, page 10, July 15, 2024
For permanent surface impoundments, the criteria in §
									74:29:07:27 apply. Tailings
	 impoundments on all affected land must meet the criteria set forth in chapter
	 74:29:05.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:12 - Roads and railroad spurs

Current through Register Vol. 51, page 10, July 15, 2024
Constructed or upgraded roads and railroad spurs are affected land from
	 the location where they provide exclusive service to the mining operation and
	 must be covered by the reclamation bond. They must meet the following general
	 requirements:
(1) When feasible, roads
  and railroad spurs must not be constructed within riparian zones;
(2) Roads within riparian zones must be
  constructed so that negative effects on streams are minimized;
(3) Roads or railroad spurs within the
  riparian zone of a coldwater permanent fishery designated pursuant to chapter
  74:51:02 or 74:51:03 may be subject to the requirements of §§
  74:29:07:29 to 74:29:07:32, inclusive.
(4) Streams must be crossed at or near right
  angles unless contouring down to the stream bed will result in less potential
  stream bank erosion. Ford entrances and exits must be constructed to minimize
  erosion and prevent water from flowing down the roadway;
(5) Drainage control structures must be used
  as necessary to control runoff and to minimize erosion, sedimentation and
  flooding. When used, drainage control structures must be installed as road
  construction progresses;
(6)
  Culverts must be installed at prominent drainage ways. Culverts must be
  protected from erosion by rock, concrete, riprap, or other approved means.
  Culverts and drainage pipes must be constructed and maintained to avoid
  plugging, collapsing, or erosion at inlets and outlets;
(7) Trees and vegetation may be cleared only
  to the width necessary to maintain slope stability and to serve traffic
  needs;
(8) Access and haul road
  drainage structures must be routinely maintained;
(9) Other transport facilities and utilities
  must be constructed and maintained to control degradation of water quality and
  quantity; and
(10) An applicant may
  request in writing to the board that a road or railroad spur be permitted to
  remain unreclaimed if the surface landowner or a local, state, or federal
  agency has requested that the road or spur remain unreclaimed and agrees to be
  responsible for future maintenance. The operator must furnish proof of such a
  request. No surety is required for reclamation of such a road or spur and
  reclamation of the road or spur is not required if the request is approved by
  the board.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:13 - Buildings and structures

Current through Register Vol. 51, page 10, July 15, 2024
All buildings and structures constructed, used, or improved by the
	 operator must be dismantled and removed unless it can be demonstrated to the
	 board's satisfaction that they will be consistent with the approved postmining
	 land use.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:14 - Spoil

Current through Register Vol. 51, page 10, July 15, 2024
Spoil on all affected land must meet the following general
	 requirements:
(1) Except where
  diversions are approved by the board, all spoil must be located to avoid
  blocking intermittent or perennial drainages. Ephemeral drainages may be
  blocked if the engineering and environmental methods used for dealing with
  runoff control and sedimentation are approved by the board;
(2) If permanent spoil dumps are approved by
  the board, the board may require the operator to demonstrate the long-term
  stability of the dumps through geotechnical stability analyses conducted by a
  registered professional engineer competent in the field of geotechnical
  analysis;
(3) The board may require
  the operator to analyze spoil material to determine if it will be a source of
  water pollution. If the spoil material may be such a source the operator must
  describe proposed procedures for mitigating the condition; and
(4) All spoil material that is determined to
  be toxic or acid-forming or that will prevent reestablishment of vegetation on
  the reclaimed land surface must be properly disposed of during the mining
  operation unless such materials occur naturally on the land surface.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-43,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:15 - Noxious weeds

Current through Register Vol. 51, page 10, July 15, 2024
The applicant, in consultation with the county weed board, local
	 conservation district, or other appropriate agency, must develop and implement
	 a noxious weed control plan. The plan must be included as part of the
	 reclamation plan.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-43,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:16 - Subsidence

Current through Register Vol. 51, page 10, July 15, 2024
The operator must prevent or minimize subsidence that may result from
	 mining activities. Where subsidence cannot be prevented, measures must be taken
	 to minimize damage to and loss of value of property and to minimize hazards to
	 livestock, wildlife, and humans.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-42,
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:17 - Underground mines

Current through Register Vol. 51, page 10, July 15, 2024
All underground mine openings and workings or previously existing
	 underground mine workings intercepted by surface mining activities must be
	 sealed during reclamation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:18 - Requirements for specific types of reclamation

Current through Register Vol. 51, page 10, July 15, 2024
The requirements in §§
									74:29:07:19 to
	 74:29:07:27, inclusive, apply to
	 the specific type or types of reclamation selected pursuant to SDCL
	 45-6B-45. These requirements are
	 to be used to develop, when practicable, a multiple-use reclamation
	 plan.
The individual who develops the reclamation plan must be competent in
	 the management and planning of the specific type or types of reclamation
	 selected.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7,
		45-6B-25,
		45-6B-37 to
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:19 - Forest planting

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to forest planting as an approved
	 postmining land use:
(1) Trees,
  shrubs, and other understory vegetation physiologically suited to the site
  shall be used to revegetate disturbed areas. Woody species shall be planted at
  rates which can reasonably be expected to yield mature timber stand density
  appropriate to the species;
(2) No
  slope may exceed the maximum for typical forest usage in the surrounding
  area;
(3) Reclamation is complete
  when the following conditions are met;
(a)
  Sufficient woody species to achieve the expected stand density are viable and
  vigorous growth can be demonstrated by the operator;
(b) The understory vegetative cover is
  adequate to control erosion;
(c)
  The surviving vegetative species composition is appropriate for the postmining
  land use; and
(d) If an approved
  reference area is used, the reclaimed tree stand density must achieve at least
  70 percent of that of the reference area five years after planting.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:20 - Rangeland

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to rangeland as an approved postmining
	 land use:
(1) Affected land must have
  the capability to support a livestock carrying capacity that is equivalent to
  that of the surrounding area or to that of the reference area, if
  used;
(2) Slopes may not exceed
  three to one unless the board approves steeper slopes;
(3) Fencing newly seeded areas is required if
  it is necessary to preclude livestock or wildlife from impairing establishment
  of the required vegetation; and
(4)
  Reclamation is complete when the reclaimed range is capable of withstanding
  proper stocking rates for two consecutive years prior to bond
  release.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7,
		45-6B-25,
		45-6B-37 to
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:21 - Agricultural or horticultural crops

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to agricultural or horticultural crops
	 as an approved postmining land use:
(1) The reclaimed land must have the
  capability of meeting or exceeding the premining crop production of the
  affected land or of the reference area, if used. If crop production did not
  occur on the affected land prior to mining, the reclaimed land must be capable
  of producing crops consistent with similar crop production areas in the
  surrounding region. The applicant must document the targeted crop production
  potential based on premining, reference area, or regional productive
  capabilities; and
(2) Reclamation
  is complete when productive capability is equivalent to or exceeds, for two
  consecutive crop years, that of the premining condition, the reference area, or
  similar crop production areas in the surrounding region.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7,
		45-6B-25,
		45-6B-37 to
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:23 - Recreation

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to recreation as an approved
	 postmining land use:
(1) The applicant
  must identify the proposed type of recreation which the reclamation will
  provide and must demonstrate the following to the satisfaction of the board:
(a) The affected land will support the
  proposed type of recreation. This may be accomplished by identifying reference
  areas having physiographic and ecological characteristics similar to the
  affected lands. Reference areas, when used, must be determined in consultation
  with the department of game, fish and parks, the local conservation district,
  and a panel of three experts, recognized as such by the department, in the type
  of recreation being proposed; and
(b) A public demand exists for the proposed
  type of recreation. This may be done with data showing numbers of licenses or
  permits sold in the area, participant surveys, or sales from area equipment
  stores; and
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:24 - Industrial use

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to industrial use as an approved
	 postmining land use:
(1) The applicant
  must identify the type of industry which will be located at the site and must
  demonstrate or address the following to the satisfaction of the board:
(a) The existence of a market or need for the
  proposed type of industry;
(b) The
  availability of electricity, water, phone services, sewage and waste disposal,
  and other support services necessary for the establishment of the proposed type
  of industry;
(c) Access to the
  site, maintenance of access, and traffic control;
(d) The source, suitability, and quantity of
  water available for industrial and potable uses;
(e) The industry's legal right to inhabit the
  land;
(f) The geotechnical
  feasibility of establishing an industrial site; and
(g) The prior approval of the city or county
  planning and zoning commissions or other city or county authorities. The board
  may not allow industrial sites as a type of reclamation without prior local
  approval;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:25 - Homesites

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to homesites as an approved postmining
	 land use:
(1) The applicant must
  demonstrate or address the following to the satisfaction of the board:
(a) The suitability to the affected land for
  residences being established;
(b)
  The availability of electricity, water, phone service, sewage and waste
  disposal, and other support services necessary for permanent
  occupancy;
(c) Access to the site,
  maintenance of access, and traffic control;
(d) The source, suitability, and quantity of
  water available for domestic use;
(e) The geotechnical feasibility of
  establishing homesites;
(f) The
  prior approval of city or county planning and zoning commissions or other city
  or county authorities. The board may not allow homesites as a type of
  reclamation without prior local approval; and
(g) The potential effect on the health and
  well-being of the occupants of areas formerly used for disposal of tailings,
  hazardous or toxic wastes, sewage, rubbish, or other potentially harmful
  materials;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:26 - Future mineral exploration or development

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to future mineral exploration or
	 development as an approved postmining land use:
(1) The applicant must identify the
  following:
(a) Plans for the future mineral
  exploration and mineral development being proposed, including the information
  required by §
										74:29:06:03; and
(b) Affected lands which must remain in an
  unreclaimed state to provide access to or development of the potential
  reserve;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:27 - Permanent surface impoundment

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements apply to a permanent surface impoundment as
	 an approved postmining land use:
(1)
  Dams must be designed to contain and, if necessary, pass the design
  precipitation event. All dam designs must be reviewed and approved by the
  division of water rights;
(2) If
  necessary to prevent failure, dams must contain an overflow notch and spillway.
  Overflow notches and spillways must be riprapped with rock, concrete, or other
  suitable materials to prevent erosion;
(3) Slopes around surface impoundments,
  unless otherwise approved by the board, may not exceed two to one, except from
  five to ten feet below the expected water line where slopes may not exceed
  three to one. If a swimming area is proposed, the slope, unless otherwise
  approved by the board, may be no steeper than five to one throughout the area
  proposed for swimming. All slopes around surface impoundments must be graded
  and contoured to minimize hazards to humans, livestock, and wildlife;
(4) The board may require the operator to
  determine if sources of water contamination within the impoundment exist. Such
  sources must be treated to prevent contamination of the impounded
  water;
(5) Surface impoundments
  intended for use as recreational fisheries or recreation areas must meet the
  applicable requirements of §
									74:29:07:23; and
(6) Reclamation is complete when the intended
  use of the surface impoundment has been attained and all other requirements of
  the reclamation plan have been met.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7,
		45-6B-25,
		45-6B-37 to
		45-6B-45.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:07 - Minimum reclamation standards › Section 74:29:07:28 - Changes occurring in approved reference area

Current through Register Vol. 51, page 10, July 15, 2024
Any changes occurring in an approved reference area which may affect
	 the area's usefulness as an indicator of reclamation success must be reported
	 in writing to the department. Examples of such changes are fires, insect damage
	 to vegetation, landslides, or man-made changes.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-44.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:08 - Concurrent reclamation › Section 74:29:08:01 - Requirements for concurrent reclamation

Current through Register Vol. 51, page 10, July 15, 2024
Concurrent reclamation shall be conducted during all phases of the
	 mining operation. Concurrent reclamation plans and estimated timetables must be
	 included in the reclamation plan. Concurrent reclamation accomplished and any
	 deviations from concurrent reclamation plans or timetables must be reported in
	 the annual filing required by SDCL
	 45-6B-36.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-36,
		45-6B-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:08 - Concurrent reclamation › Section 74:29:08:02 - Requirements for interim reclamation

Current through Register Vol. 51, page 10, July 15, 2024
Interim reclamation must be initiated on affected land if no further
	 disturbance is scheduled to occur on that land within two years. Interim
	 reclamation must be completed within one year thereafter. Where revegetation is
	 required in the interim reclamation plan, seeding shall be done at the earliest
	 favorable planting time. All affected lands requiring interim reclamation shall
	 be stabilized and made visually and functionally compatible with the
	 surrounding area by regarding, recontouring, revegetating, and implementing
	 other measures, as necessary, to effectively control drainage and erosion.
	 Interim reclamation must be conducted in accordance with the general and
	 specific reclamation requirements specified in chapter 74:29:07, as applicable,
	 unless otherwise approved by the board.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-37,
		45-6B-39,
		45-6B-40,
		45-6B-42,
		45-6B-43,
		45-6B-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:08 - Concurrent reclamation › Section 74:29:08:03 - Requirements for final reclamation

Current through Register Vol. 51, page 10, July 15, 2024
Final reclamation shall be performed during the course of the mining
	 operation on those affected lands which will not be disturbed again and where
	 it will not adversely affect other mining operation
	 activities.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:08 - Concurrent reclamation › Section 74:29:08:04 - Disturbance to avoid requirements - Board order

Current through Register Vol. 51, page 10, July 15, 2024
If the board determines that affected lands are being subjected to
	 disturbances to avoid the requirements of this chapter, the board may order the
	 concurrent reclamation of the affected land.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-46.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:01 - Temporary cessation - When applicable

Current through Register Vol. 51, page 10, July 15, 2024
A mining operation is in a state of temporary cessation when 180 days
	 have elapsed during which no production occurred. A mining operation is not in
	 a state of temporary cessation when one or more of the following occur:
(1) The mining operation resumes within one
  year and a statement is included in the mining operation permit that indicates
  the affected lands are to be used for less than 180 days each year;
(2) Production has been completed and only
  final reclamation and related activities remain to be completed; or
(3) A mining operation permit has been
  issued, but the mining operation has not begun.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:02 - Notice of temporary cessation - Contents

Current through Register Vol. 51, page 10, July 15, 2024
An operator who desires to cease production temporarily must file a
	 notice of temporary cessation with the board. The notice must contain the
	 following information:
(1) The permit
  number;
(2) The date of cessation
  of production;
(3) Evidence that
  shows mineral reserves remain;
(4)
  Reasons for nonproduction;
(5) A
  plan for the resumption of mining activities;
(6) Measures to be taken to comply with the
  concurrent reclamation requirements of chapter 74:29:08;
(7) Measures to be taken to maintain the site
  and limit access during the period of temporary cessation as required by §
									74:29:09:03;
(8) A statement concerning the existing
  condition of the affected land and reclamation activities which have already
  been completed; and
(9) Proof of
  consultation with the surface landowner if different from the mineral
  owner.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:03 - Site maintenance and other activities required

Current through Register Vol. 51, page 10, July 15, 2024
All mining operations which enter a state of temporary cessation must
	 conduct site maintenance and other activities in accordance with the approved
	 mining permit and conditions or, if not specified in the permit, with the
	 following, as applicable:
(1) Inspect
  quarterly and maintain all erosion, sedimentation, and drainage controls and
  areas that have undergone reclamation or revegetation;
(2) Install locking gates, fences, and
  warning signs to limit access to the site;
(3) Periodically remove or dispose of trash
  and other waste that accumulates during the period of temporary
  cessation;
(4) Inspect for and
  destroy noxious weed infestations in accordance with the approved noxious weed
  control plan in the permit;
(5)
  Remove, store, or dispose in an approved manner all chemicals, process
  solutions, petroleum products, and explosives;
(6) Inspect all containment liner systems for
  damage, take measures to prevent further damage, and immediately repair any
  damage discovered;
(7) Remove
  runoff water from process ponds as necessary to prevent damage or
  overflow;
(8) Maintain fire
  protection;
(9) Provide equipment,
  tools, and power to conduct maintenance activities;
(10) Check and maintain all motorized
  components of the processing system;
(11) Perform site, surface water, and
  groundwater monitoring required by the mine permit; and
(12) Perform any other activities required to
  minimize environmental damage during the period of temporary cessation and to
  maintain the operation in working order.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6),
		45-6B-37,
		45-6B-38,
		45-6B-39,
		45-6B-40,
		45-6B-41,
		45-6B-42,
		45-6B-43.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:04 - Departmental review of notice

Current through Register Vol. 51, page 10, July 15, 2024
The department shall review the notice of temporary cessation and may
	 conduct an inspection of the affected land. The department shall notify the
	 operator within 30 days after submission that the notice is complete or that
	 the notice requires additional information.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:05 - Agency review

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after the receipt of a notice of temporary cessation or
	 of any information supplementing the notice, the department shall send a copy
	 of the notice or additional information to the departments of game, fish and
	 parks and agriculture and to the county commission and local conservation
	 district in the affected county. The agencies shall have 30 days from the date
	 of receipt in which to file written comments for consideration by the board.
	 The failure of an agency to respond within 30 days constitutes its approval of
	 the temporary notice of cessation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6),
		45-6B-11,
		45-6B-34.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:06 - Notice of recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall publish a notice of recommendation pursuant to the
	 publication requirements of SDCL
	 45-6B-30 and shall allow 20 days
	 in which interested persons may file a petition to initiate a contested case
	 hearing on the notice of temporary cessation. A petition to initiate a
	 contested case hearing must comply with the requirements of chapter 74:50:02.
	 If a petition is not filed, the notice of temporary cessation is automatically
	 approved by the board as recommended by the department.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6),
		45-6B-30.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:07 - Notice of temporary cessation required

Current through Register Vol. 51, page 10, July 15, 2024
The board shall order an operator who has temporarily ceased production
	 for the periods defined in SDCL
	 45-6B-3(6) and
	 has not filed a notice of temporary cessation to file a notice pursuant to the
	 requirements of this chapter. Operators who fail to file a notice of temporary
	 cessation within 30 days after being notified by the board shall be issued a
	 notice of violation by the board pursuant to SDCL
	 45-6B-48.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6),
		45-6B-48.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:09 - Temporary cessation › Section 74:29:09:08 - Confidential information submitted with notice of temporary cessation

Current through Register Vol. 51, page 10, July 15, 2024
Information submitted with a notice of temporary cessation provided as
	 evidence to showing that mineral reserves remain in the mining operation as
	 required by SDCL
	 45-6B-3(6)(b)
	 shall be protected pursuant to SDCL
	 45-6B-19 if marked
	 confidential.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-3(6),
		45-6B-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:10 - Special, exceptional, critical, or unique lands › Section 74:29:10:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter applies only to mining and milling operations as defined
	 in SDCL chapter 45-6 B. This chapter does not apply to mining operations
	 regulated under SDCL chapter 45-6 or to mineral exploration or uranium
	 exploration regulated under SDCL chapters 45-6 C and SDCL 45-6D, respectively.
	 Lands within the permit boundaries of a mining operation under permit by the
	 effective date of this chapter are exempt from the provisions of this chapter
	 until final reclamation has been completed and the reclamation surety has been
	 released.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33,
		45-6B-33.3,
		45-6B-33.4,
		45-6B-33.8.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:10 - Special, exceptional, critical, or unique lands › Section 74:29:10:02 - Operator required to request a determination

Current through Register Vol. 51, page 10, July 15, 2024
Any prospective operator contemplating the establishment of a mining
	 operation must request the department to determine whether or not the lands
	 included in the proposed mining operation constitute special, exceptional,
	 critical, or unique lands by submitting a notice of intent to operate to the
	 department.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.6.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:10 - Special, exceptional, critical, or unique lands › Section 74:29:10:03 - Notice of intent to operate - Contents

Current through Register Vol. 51, page 10, July 15, 2024
A notice of intent to operate shall include the following:
(1) The name, address, and telephone number
  of the operator;
(2) The legal
  description of the area of the proposed mining operation;
(3) A map showing sufficient information to
  locate the area of the proposed mining operation, including access routes and
  the approximate size and location of areas where surface resources will be
  disturbed;
(4) A list of surface
  and mineral owners of the area of the proposed mining operation and a list of
  surface owners of the area within 500 feet of the proposed mining operation.
  Such ownership information need include only that which is normally kept by the
  county register of deeds;
(5) A
  general description of the type of mining operation proposed and how it would
  be conducted; and
(6) A detailed
  assessment of whether the lands included in the proposed mining operation meet
  the criteria of SDCL
  45-6B-33.3 including all
  information and data necessary to support the assessment and its
  conclusions.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.6.