reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:02 - New permit application required

Current through Register Vol. 51, page 10, July 15, 2024
A new permit application is required for major modifications. Major
	 modifications include the following:
(1) The addition of proposed affected land
  not within the approved permit area;
(2) The expansion of the boundaries of the
  permit area;
(3) A change in the
  overall postmining land use of the affected land;
(4) A change in the permit which may
  adversely affect surface or groundwater; or
(5) The initiation of milling capabilities,
  excluding crushers.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:03 - Contents of permit amendment application

Current through Register Vol. 51, page 10, July 15, 2024
An operator desiring to amend a mining permit must file an amendment
	 application with the department. The application must include the
	 following:
(1) The operator's
  name;
(2) The permit
  number;
(3) A narrative description
  of the amendment being proposed;
(4) The legal description of land affected by
  the amendment;
(5) A map in
  compliance with SDCL
  45-6B-10 and §
									74:29:02:12, showing the land
  affected by the amendment;
(6) The
  estimated cost of implementing and completing the reclamation of land affected
  by the amendment;
(7) A description
  of the reclamation being proposed for the land affected by the
  amendment;
(8) The name and address
  of the surface owner of land affected by the amendment;
(9) The name and address of the mineral owner
  of land affected by the amendment;
(10) An instrument of consultation with the
  surface owner as required by SDCL
  45-6B-12 and proof of consultation
  with adjacent landowners as required by SDCL
  45-6B-44 for the land affected by
  the amendment;
(11) Proof of
  consultation with the department of game, fish and parks and the local
  conservation district, including any additional surveys and requirements
  considered necessary by those agencies;
(12) Proof of compliance with all county or
  city zoning ordinances and requirements or proof that the amendment application
  is in substantial compliance with the procedure for obtaining any necessary
  county or city permits;
(13) A
  postmining reclamation map as required by SDCL
  45-6B-7(8);
(14) The effect the amendment has on the
  timetable and duration of the mining operation; and
(15) Baseline data and maps pursuant to the
  requirements of §
									74:29:03:07.
The applicant need not submit any information which would duplicate
	 that which has previously been filed with the department, but shall reference
	 the section, paragraph, and page of the permit or other applicable
	 correspondence for that information.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:04 - Additional surety required

Current through Register Vol. 51, page 10, July 15, 2024
If a permit amendment application or technical revision causes the cost
	 of reclamation to exceed the amount of the reclamation surety posted for the
	 existing permit, the operator must submit a surety in an amount equal to the
	 additional cost of reclamation before board approval of the amendment
	 application or approval by the department of the technical
	 revision.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18,
		45-6B-26,
		45-6B-27.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:05 - Procedure for submission of permit amendment application

Current through Register Vol. 51, page 10, July 15, 2024
The following procedures apply to the submission of a permit amendment
	 application:
(1) Upon submission of a
  permit amendment application to the department, the applicant shall submit a
  copy of the application to the office of the register of deeds in the county in
  which the affected land is located. Proof of submission to the register of
  deeds shall be transmitted to the department;
(2) To facilitate agency review of a permit
  amendment application, the applicant may submit copies of the amendment
  application by certified mail to the following agencies at the same time the
  application is submitted to the department:
(a) The department of game, fish and
  parks;
(b) The department of
  agriculture;
(c) The department of
  education and cultural affairs;
(d)
  The U.S. forest service, if lands under its jurisdiction are included in the
  amendment;
(e) The local
  conservation district;
(f) The U.S.
  bureau of land management, if lands under its jurisdiction are included in the
  amendment; and
(g) The department
  of health.
A copy of the return receipts shall be submitted to the
	 department.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:06 - Request for copy of permit amendment application

Current through Register Vol. 51, page 10, July 15, 2024
A person may request a copy of a permit amendment application by
	 contacting the department. The department shall supply the requesting party
	 with a copy of the amendment application.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-11,
		45-6B-15 to
		45-6B-18.
Confidential information in application protected, SDCL
		45-6B-19.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:07 - Procedural completeness requirements

Current through Register Vol. 51, page 10, July 15, 2024
The procedural completeness requirements for a permit amendment
	 application must conform to the provisions of chapter 74:29:02, as
	 applicable.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:08 - Determination of procedural completeness - Filing additional completeness information with county register of deeds

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine the procedural completeness of a permit
	 amendment application as provided in §
									74:29:01:07. The applicant must
	 fill its response to completeness deficiencies with the office of the register
	 of deeds in the county in which the affected land is located within 10 days
	 following the date of amendment application filing. Proof of the filing with
	 the register of deeds shall be transmitted to the department.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-11,
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:09 - Summary document

Current through Register Vol. 51, page 10, July 15, 2024
For large-scale mining operation permit amendment applications, the
	 department in consultation with the applicant shall prepare a summary document
	 describing the major elements of the amendment application and identifying the
	 critical environmental issues involved. The summary document and any responsive
	 comments submitted by the applicant shall be made available to intervening
	 parties and the public upon request.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18,
		45-6B-29 to
		45-6B-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:10 - Information added after filing

Current through Register Vol. 51, page 10, July 15, 2024
Additional information submitted to the department by the applicant to
	 supplement, correct, amend, or clarify a permit amendment application following
	 filing must also be filed with the register of deeds in the county in which the
	 affected land is located and sent by certified mail to the applicable review
	 agencies by the applicant. The filing and mailing must occur within 10 days
	 after the initial publication of the department's recommendation. Proof of
	 filing and mailing shall be transmitted to the department.
The department shall maintain a list of information submitted by the
	 applicant regarding an amendment application and shall provide a copy of the
	 list to intervening parties and, upon request, to other persons.
Comments on additional information by an agency or intervening party
	 must be submitted to the department by the final day of the 15-day public
	 comment period. The department shall transmit copies of such comments to the
	 applicant.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-11,
		45-6B-15,
		45-6B-18,
		45-6B-30,
		45-6B-31.
Publication of notice of departmental recommendation -- Contents of
		notice, §
											74:29:03:12.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:11 - Notice to agencies of permit amendment application

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after the filing of a permit amendment application, the
	 department shall send copies of the application to the departments of
	 agriculture, education and cultural affairs, game, fish and parks, and health.
	 If copies of the amendment application have already been provided to these
	 agencies pursuant to subdivision 74:29:03:05(2), the department shall notify
	 the agencies that the amendment application has been filed and that they have
	 30 days to respond. Responses to completeness deficiencies submitted to the
	 department by the applicant shall be provided to the agencies with this
	 notification, unless already provided.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-11,
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:12 - Publication of notice of departmental recommendation - Contents of notice

Current through Register Vol. 51, page 10, July 15, 2024
The department shall publish a notice of departmental recommendation in
	 a newspaper of general circulation in the locality of the mining operation once
	 a week for two consecutive weeks, beginning not more than 45 days after filing.
	 The notice must contain the following:
(1) The identity and address of the
  applicant;
(2) The applicant's
  registered agent, if applicable;
(3) The location of the mining
  operation;
(4) The primary mineral
  being mined;
(5) A brief
  description of the amendment application;
(6) The number of the permit being
  amended;
(7) The selected
  postmining land use of the affected land;
(8) The location where additional information
  about the permit amendment application may be obtained;
(9) The department's recommendation of board
  action on the amended application; and
(10) A statement indicating that petitions to
  initiate a contested case hearing pursuant to chapter 74:09:01 must be received
  by the department no later than 15 days following the final publication of the
  notice or the amendment application will be issued pursuant to the department's
  recommendation.
A copy of the notice of departmental recommendation shall be mailed by
	 the department to the applicant at the same time it is mailed to the newspaper
	 for publication.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-16,
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:13 - Notice of departmental recommendation to others

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall mail a copy of the notice of departmental
	 recommendation immediately after the first publication to all owners and
	 lessees of severed surface estates affected by the amendment application. Proof
	 of the mailing shall be transmitted to the department. The department shall
	 provide copies of the notice to individuals on the interested persons mailing
	 list and to the county commission of a county containing affected land within
	 10 days after the issuance of the departmental
	 recommendation.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-17,
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:14 - Intervention - Petition to initiate contested case hearing - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
Any interested person, the applicant, or the department may intervene
	 in a permit amendment application proceeding by filing a petition to initiate a
	 contested case hearing before the board. The petition must be filed with the
	 department no later than 15 days following final publication of the notice of
	 departmental recommendation. A petition to initiate a contested case hearing
	 must comply with the requirements of §
									74:09:01:01.
If a petition for a contested case hearing is filed, the contested case
	 procedures of chapter 74:09:01 apply to the proceeding unless they are
	 specifically altered by this article. The department shall schedule a hearing
	 before the board. The hearing must be held within 50 days after final
	 publication of the notice of departmental recommendation. The department shall
	 mail a copy of the petition and a notice of hearing to the applicant and other
	 parties.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		1-26-17,
		1-26-27,
		45-6B-16,
		45-6B-18,
		45-6B-29 to
		45-6B-31.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:15 - Notice of decision to applicant in absence of contested case

Current through Register Vol. 51, page 10, July 15, 2024
If a petition to initiate a contested case is not filed, the department
	 shall transmit a notice of decision to the applicant, individuals on the
	 interested persons mailing list, and the county commission of the county
	 containing affected land immediately following the 15-day intervention period
	 provided for in §
									74:29:03:14. The notice shall
	 approve, conditionally approve, or deny the permit amendment application as
	 specified in the department's recommendation and shall contain any conditions
	 or restrictions imposed by the department and other review
	 agencies.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18.
Interested persons mailing list, §
											74:29:01:05.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:16 - Technical revisions to mining operation permits

Current through Register Vol. 51, page 10, July 15, 2024
The board, through permit conditions, may authorize the department to
	 approve proposed technical revisions to a mining operation without the
	 requirement of permit amendment. Such technical revisions include the
	 following:
(1) Monitoring plans or
  parameters;
(2) Plans and
  specifications for permitted facilities;
(3) Seeding mixtures or rates;
(4) Relocation of proposed roads within
  permitted affected land;
(5)
  Relocation of chemical or petroleum product storage areas;
(6) Modification or relocation of erosion,
  sedimentation, or drainage control;
(7) Compliance limits for chemical
  parameters;
(8) Quality control and
  quality assurance plans;
(9)
  Topsoil stripping or storage; and
(10) Adding contiguous affected land within
  the permit area when the total of such additions does not exceed 20 percent of
  the originally permitted affected land area.
Technical revisions must comply with §
										74:29:03:03, as applicable, and
	 must be submitted to the department in writing. The department shall either
	 approve, disapprove, conditionally approve, or request additional information
	 within 30 days after receipt.
The applicant or an interested person may appeal the decision of the
	 department to the board by petitioning for a contested case hearing pursuant to
	 chapter 74:09:01.
All technical revisions authorized by the department shall be recorded
	 on a list which is kept updated and which is readily available for public
	 inspection. A copy of the list shall be provided to anyone upon
	 request.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:03 - Permit amendments › Section 74:29:03:17 - Use of amendments to avoid filing permit application

Current through Register Vol. 51, page 10, July 15, 2024
Operators must file a new permit application to change an approved
	 operating or reclamation plan if the permit amendment process is being used to
	 avoid the application and processing requirements of a new
	 permit.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-18.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:01 - Notice of transfer

Current through Register Vol. 51, page 10, July 15, 2024
The successor operator shall file a notice of transfer with the
	 department. The notice shall include the following:
(1) A completed permit transfer application
  form provided by the department pursuant to §
									74:29:04:02;
(2) The fee of $100 required by SDCL
  45-6B-47; and
(3) A replacement surety.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:02 - Contents of notice of permit transfer

Current through Register Vol. 51, page 10, July 15, 2024
The application form for a permit transfer must contain the following
	 information:
(1) The number of the
  mining permit to be transferred;
(2) The legal description of the affected
  land;
(3) The names, addresses, and
  telephone numbers of the first operator and the successor operator;
(4) The name and address of the surface
  owner;
(5) The name and address of
  the mineral owner;
(6) The name,
  address, and telephone number of the successor operator's registered agent if
  the successor operator is an out-of-state corporation;
(7) A statement that the first operator
  understands that the transfer releases the first operator of liability with
  regard to reclamation and that the surety can be released only upon approval of
  the permit transfer by the board;
(8) A statement that the successor operator
  accepts all responsibility and liability for the mining operation and the
  reclamation of all land affected by the mining operation, as described in the
  first operator's permit, that the successor operator has notified the surface
  and mineral owners of the pending transfer, and that the successor operator
  will conduct activities pursuant to the permit conditions; and
(9) Signatures of the first and successor
  operators witnessed by a notary public.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:03 - Departmental review of notice of transfer

Current through Register Vol. 51, page 10, July 15, 2024
The department shall review the notice of transfer and notify the
	 successor operator of deficiencies within 30 days after
	 submission.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:04 - Recommendation on permit transfer

Current through Register Vol. 51, page 10, July 15, 2024
The department shall publish a recommendation on the permit transfer
	 pursuant to publication requirements of SDCL
	 45-6B-30 prior to board action on
	 the transfer.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:05 - Applicability of transferred permit

Current through Register Vol. 51, page 10, July 15, 2024
A transferred permit authorizes only those activities approved in the
	 operating and reclamation plan, permit conditions, and approved permit
	 amendments. Any changes in the permit, including adding contiguous land, minor
	 modifications, major modifications, or technical revisions, are subject to the
	 requirements of chapter 74:29:03.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:06 - Surety

Current through Register Vol. 51, page 10, July 15, 2024
The board shall not release the surety of the first operator until the
	 successor operator submits a replacement surety and the permit transfer
	 application has been approved.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-25,
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:04 - Permit transfers › Section 74:29:04:07 - Notice to county commissioners of board action on permit transfer

Current through Register Vol. 51, page 10, July 15, 2024
The board shall transmit notice of board action on a permit transfer to
	 the board of county commissioners in the county containing affected land within
	 30 days after final action.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-34,
		45-6B-47.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:05 - Reclamation of millsites › Section 74:29:05:01 - Reclamation of millsites

Current through Register Vol. 51, page 10, July 15, 2024
Reclamation of any millsite constructed in conjunction with a mining
	 operation must be addressed in the permit application.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-6(8).
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:05 - Reclamation of millsites › Section 74:29:05:02 - Choice of reclamation

Current through Register Vol. 51, page 10, July 15, 2024
The type of reclamation for the millsite shall be chosen in accordance
	 with SDCL 45-6B-45 and chapter 74:29:06.
	 Reclamation of the millsite must meet requirements set forth in chapter
	 74:29:07.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-6(8),
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:03 - Process pond reclamation

Current through Register Vol. 51, page 10, July 15, 2024
The reclamation plan must address reclamation of all process and
	 storage ponds associated with a millsite. Items which must be addressed include
	 the following:
(1) Physical
  reclamation of the ponds;
(2)
  Solution disposal;
(3) Sludge
  disposal; and
(4) Liner removal or
  disposal.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-7,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:04 - Removal of equipment and buildings

Current through Register Vol. 51, page 10, July 15, 2024
All buildings and equipment associated with a millsite must comply with
	 the requirements of §
									74:29:07:13.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		45-6B-7,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:05 - Reclamation of tailings impoundments

Current through Register Vol. 51, page 10, July 15, 2024
The reclamation plan must address interim and final reclamation of any
	 tailings impoundments.
Plans and specifications for all tailings impoundments must be
	 certified by a registered professional engineer retained by the applicant. The
	 engineer must be competent in the field of geotechnical analysis and
	 impoundment design. The department's review of the plans and specifications
	 must be performed by a registered professional engineer with the same
	 qualifications. The plans and specifications must include a stability analysis
	 of the impoundment.
Upon final reclamation, all tailings impoundments not designed for
	 retention of fluids must be free draining. Drainage from such impoundments must
	 not cause erosion, interfere with postclosure monitoring systems, cause water
	 pollution, or limit access to the site.
The plan must address the proposed method of treatment of tailings. The
	 plan must include the following:
(1)
  The treatment method proposed;
(2)
  Reasons for selection of the proposed treatment method over other possible
  treatment methods;
(3) Preliminary
  plans and specifications for facilities associated with tailings
  treatment;
(4) Storage of the
  proposed treatment reagents at the site;
(5) A plan of operation for the treatment;
  and
(6) Plans for disposal of
  treatment solutions, if applicable.
In heap leach operations, the treated tailings must be used as backfill
	 in the mine pits where compatible with the overall mine plan. If in-place
	 tailings piles are approved by the board, physical reclamation must conform to
	 the reclamation requirements for spoil in §
										74:29:07:14.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:06 - Treatment of tailings - Initial sampling and chemical characterization

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the initiation of treatment, effluent or pore water from a
	 tailings impoundment shall be sampled and chemically characterized for the
	 following parameters:
(1) Chemical
  constituents which may be used in or are likely to result from the milling or
  treatment process;
(2) Aluminum,
  arsenic, barium, beryllium, boron, cadmium, chromium, cobalt, copper, iron,
  lead, lithium, manganese, mercury, molybdenum, nickel, selenium, silicon,
  silver, vanadium, and zinc;
(3)
  Major cations and anions, including ammonia, bicarbonate, calcium, carbonate,
  chloride, magnesium, nitrate, potassium, sodium, and sulfate;
(4) pH;
(5) Radon, uranium, radium 226, radium 228,
  total alpha radiation, total gamma radiation; and
(6) Total dissolved solids.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:07 - Treatment of tailings - Monitoring during treatment process

Current through Register Vol. 51, page 10, July 15, 2024
Effluent or pore water from tailings impoundments shall be monitored
	 for key parameters designated by the department to statistically characterize
	 the treatment cycle. The monitoring shall be done throughout the duration of
	 the treatment process.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:08 - Treatment of tailings

Current through Register Vol. 51, page 10, July 15, 2024
Treatment of the tailings shall continue until the effluent or pore
	 water from the tailings impoundment meets the following criteria as determined
	 by using a statistical method agreed upon by the department and the
	 operator:
(1) Less than 0.5 mg/1 weak
  acid dissociable cyanide for operations which use cyanide in their milling or
  treatment process;
(2) For all
  other parameters, South Dakota drinking water standards in chapter 74:04:05,
  South Dakota surface water quality standards in chapter 74:51:01, or South
  Dakota groundwater quality standards in chapter 74:54:01, whichever is more
  appropriate based on a pathway and fate analysis;
(3) Other parameters of concern, as
  determined by the department, which are not specified in the South Dakota
  drinking water standards or South Dakota water quality standards, shall not
  exceed background concentrations as determined by baseline monitoring for
  potential receiving streams or groundwater, as applicable; and
(4) pH of 6.5 to 8.5.
If the criteria in this section prove to be inappropriate, alternate
	 site-specific criteria based on a pathway and fate analysis may be developed by
	 the department; and the board of water management may require that a state
	 surface water or groundwater discharge permit be obtained in accordance with
	 chapter 74:52:01 or 74:54:02, as applicable.
If future sampling according to the standards in this section proves
	 treatment to be inadequate, other criteria may be specified by the department
	 on a site-specific basis.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:09 - Retreatment of tailings

Current through Register Vol. 51, page 10, July 15, 2024
If the operator is not able to prove that the tailings meet applicable
	 standards, the operator may retreat the tailings. If a treatment process
	 different than that previously approved will be employed, the operator shall
	 submit a new plan which complies with §§
									74:29:05:05 to
	 74:29:05:08, inclusive. Upon
	 completion of the retreatment of the tailings, a final sampling program shall
	 be implemented as required in §
									74:29:05:10.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:10 - Treatment of tailings - Final sampling program

Current through Register Vol. 51, page 10, July 15, 2024
Before an operator is released of reclamation liability for a tailings
	 impoundment, the operator must prove to the satisfaction of the board that the
	 tailings will not degrade the environment. The operator shall demonstrate that
	 this has been accomplished by conducting a final sampling program that is
	 sufficient to statistically characterize the geochemistry of the tailings, both
	 spacially and temporally, so that a reasonable basis for prediction of future
	 conditions and trends is established. The sampling program may consist of
	 solids sampling, pore water or effluent sampling, or a combination of both or
	 an alternative program approved by the department. Sampling frequency and
	 parameters may be revised during the final sampling program if the department
	 finds that the initial results warrant revision.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:11 - Treatment and disposal of tailings from on/off load pads

Current through Register Vol. 51, page 10, July 15, 2024
Tailings which will be removed from an on/off load pad must be
	 chemically characterized and treated to comply with §§
									74:29:05:05 to
	 74:29:05:10, inclusive.
Tailings which are treated and removed from on/off load pads shall,
	 when possible, be relocated and reclaimed on lands which have been previously
	 disturbed by the mining operation. Disposal sites and practices must meet the
	 requirements of this article as determined by the board.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:12 - Reclamation of tailings which cannot meet treatment standards

Current through Register Vol. 51, page 10, July 15, 2024
Tailings which have been treated and cannot meet the criteria
	 established in §
									74:29:05:08 or which cannot
	 feasibly be treated shall be reclaimed so that infiltration into, percolation
	 through, and discharge from such tailings are minimized. Discharges from
	 tailings must comply with the provisions of a groundwater discharge plan
	 pursuant to chapter 74:54:02 or a surface water discharge permit pursuant to
	 chapter 74:52:01, as applicable. The reclamation plan for such tailings
	 disposal sites and tailings disposal practices shall be based on a detailed
	 pathway and fate analysis augmented by engineering plans and specifications and
	 monitoring data. Revegetation must comply with the general reclamation
	 requirements of §
									74:29:07:06.
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 74:29:05 - Reclamation of millsites › Section 74:29:05:13 - Uranium tailings

Current through Register Vol. 51, page 10, July 15, 2024
Uranium tailings impoundments are subject to applicable state law as
	 cited in SDCL
	 45-6B-32.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-32,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:14 - Land application of solution - General requirements

Current through Register Vol. 51, page 10, July 15, 2024
If a mine operator disposes of any solution by land application
	 methods, the requirements in §§
									74:29:05:15 to
	 74:29:05:20, inclusive, and the
	 following requirements apply:
(1)
  Plans and specifications for the land application system must be submitted to
  the department for review and approval prior to installation or
  construction;
(2) Before initiation
  of land application of solution, a chemical characterization of the solution
  must be conducted for all parameters listed in §
									74:29:05:06;
(3) Solution may be applied to land only if
  the criteria in §
									74:29:05:08 are met;
(4) Hydraulic loading rates of land
  application must not result in surface runoff;
(5) The land application system must be
  operated to minimize erosion and physical disturbance of vegetation;
  and
(6) Both during and following
  land application, the department shall conduct compliance monitoring of surface
  and ground water.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:15 - Land application of solution - Sampling requirements

Current through Register Vol. 51, page 10, July 15, 2024
Sampling of solution to be applied to the land shall consist of not
	 less than one grab sample per 100,000 gallons of solution. If less than 100,000
	 gallons is to be applied to land, at least one grab sample must be taken and
	 analyzed for the required parameters. Each grab sample must be of sufficient
	 volume so the sample can be split. Each split of the sample must be of a volume
	 sufficient to allow for analysis for all operational monitoring parameters. At
	 every fifth sampling, one split sample of each five consecutive grab samples
	 shall be composited and analyzed for the required monitoring parameters. The
	 remaining split sample for all grab samples shall be preserved and stored for
	 further individual analysis if analyses of composited samples indicate the
	 presence of a concentration for a given parameter in excess of the criteria of
	 §
									74:29:05:08. Additional sampling
	 in compliance with a quality assurance plan must be performed. Operational
	 monitoring parameters shall be determined from the chemical
	 characterization.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		45-6B-44,
		45-6B-45.
Land application of solution -- Plan for operational monitoring,
		§
											74:29:05:17.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:05 - Reclamation of millsites › Section 74:29:05:16 - Land application of solution - Site evaluation

Current through Register Vol. 51, page 10, July 15, 2024
Before initiation of land application of solution, a site evaluation
	 and characterization must be conducted to show site compatibility with the
	 chemical composition of the solution and the amount of solution to be applied.
	 The evaluation shall address the following:
(1) Site vegetation and wildlife;
(2) Site geology;
(3) Groundwater and surface water;
(4) Soils and depths to bedrock;
(5) Area slopes;
(6) Site erodibility;
(7) Distance to flowing streams;
(8) Adjacent land use; and
(9) Weather monitoring.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:17 - Land application of solution - Plan for operational monitoring

Current through Register Vol. 51, page 10, July 15, 2024
Before initiation of land application of solution, the operator must
	 submit a written plan for operational monitoring of the land application area
	 to the department and the department of game, fish and parks for review and
	 approval. The plan must include the following:
(1) Methods for soil and soil water
  monitoring and sampling;
(2)
  Vegetation sampling and analysis;
(3) Soil characteristics and parameters to be
  monitored;
(4) Proposed analytical
  techniques;
(5) Sampling
  frequency;
(6) Criteria for
  determining if and when land application should be initiated or
  discontinued;
(7) Surface and
  groundwater monitoring plans;
(8)
  Maximum allowable metals accumulation values; and
(9) A sampling and analytical quality
  assurance and quality control plan.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:18 - Land application of solution - Notice of intent to implement

Current through Register Vol. 51, page 10, July 15, 2024
The operator must give the department written notice of intent to
	 implement land application at least one week before the initiation of the land
	 application cycle. The notice must include the following:
(1) The date on which application will
  start;
(2) The amount of solution
  to be applied to land;
(3) The
  estimated duration of land application; and
(4) The chemical characterization of the
  solution prior to treatment.
In emergency situations requiring land application, the operator must
	 notify the department by telephone before starting land
	 application.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:19 - Land application of solution - Revegetation of site - Inspection

Current through Register Vol. 51, page 10, July 15, 2024
Areas of surface disturbance within land application sites must be
	 stabilized by grading and revegetating immediately following the disturbance.
	 In areas where vegetation is destroyed by the land application of solution,
	 revegetation shall be conducted during the first suitable planting period
	 following disturbance.
The site must be inspected by the operator daily during periods of
	 solution application for any unplanned effects, such as erosion, sedimentation,
	 and damage to vegetation or wildlife. If any such effects are noted, steps must
	 be taken immediately to mitigate the problem.
If the composition of the vegetative species of the native ground cover
	 significantly changes during the course of land application, the operator must
	 develop a plan that either demonstrates that after termination of land
	 application a permanent, self-perpetuating ground cover at least equal in
	 character and extent to the original will remain or details a revegetation
	 program that has been approved by the department of game, fish and parks and
	 the local conservation district.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		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 74:29:05 - Reclamation of millsites › Section 74:29:05:20 - Land application of solution - Written report

Current through Register Vol. 51, page 10, July 15, 2024
Following each land application cycle, a written report must be
	 submitted to the department. This report must include the following:
(1) The total amount of solution
  applied;
(2) The total hydraulic
  loading rate per acre;
(3) The
  total metals loading rate per acre;
(4) The duration of the application
  cycle;
(5) All sampling data;
  and
(6) A general discussion of the
  success of the system.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-39,
		45-6B-41,
		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 74:29:06:01 - Presubmission conference - Determination of postmining land use

Current through Register Vol. 51, page 10, July 15, 2024
Before a mining operation permit application or a permit amendment
	 application for an existing reclamation plan is submitted, the operator, the
	 department, and the landowner or the landowner's designated representative must
	 confer on and determine the postmining land use of the affected
	 lands.
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 74:29:06:02 - General requirements for determination of reclamation type

Current through Register Vol. 51, page 10, July 15, 2024
For all reclamation types the applicant must present a management plan
	 for the purpose of determining the reclamation type that does the
	 following:
(1) Demonstrates that the
  affected land has the capability of meeting reclamation criteria in chapter
  74:29:07;
(2) Demonstrates that the
  postmining land use is compatible with surrounding land uses;
(3) Details support and maintenance
  activities required for successful implementation; and
(4) Includes assurance that the proposed
  postmining land use meets the following requirements:
(a) Is obtainable according to data on
  expected need and market;
(b) Is
  supported by commitments from public agencies where appropriate;
(c) Is practicable on the basis of private
  financial capability for completion of the proposed operation;
(d) Is planned pursuant to a schedule
  attached to the reclamation plan that integrates the mining operation and
  reclamation with the postmining land use;
(e) Is consistent with existing state and
  local land use plans and programs; and
(f) Is of a beneficial use.
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 74:29:06:03 - Economic study required for determination of future mineral exploration and development as reclamation type

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the general requirements in §
									74:29:06:02, for future mineral
	 exploration and development to be considered as an acceptable postmining land
	 use, the applicant must provide evidence that a potential reserve tonnage
	 exists that is equal to or greater than the estimated annual ore production
	 tonnage from the mine. The applicant shall determine the average commodity
	 price of the primary mineral to be mined for the preceding five-year period and
	 prepare an economic study. The study, using current dollars, must be based on
	 geologic evidence, the calculated maximum allowable cost of production, and
	 production cost projections. Unique or rare occurrences of rocks, minerals, or
	 fossils that are of outstanding scientific significance are not required to
	 meet the definition of a potential reserve.
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 74:29:06:04 - Alternative postmining land use

Current through Register Vol. 51, page 10, July 15, 2024
If the postmining land use selected for a reclamation plan is
	 industrial use, homesite development, or future mineral exploration and
	 development, the applicant must select an alternative postmining land use to be
	 implemented if the approved postmining land use and reclamation plan are not
	 achieved pursuant to chapter 74:29:07. When required, alternative postmining
	 land uses must be determined at the same time as the postmining land
	 use.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-44,
		45-6B-45.