reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:10 - Special, exceptional, critical, or unique lands › Section 74:29:10:04 - Submission of notice of intent to operate

Current through Register Vol. 51, page 10, July 15, 2024
The following procedures apply to the submission of a notice of intent
	 to operate:
(1) A notice of intent to
  operate must be submitted to the department and public notice complying with
  the requirements of §
									74:29:10:05 must be provided at
  least 60 days before the submission of a mining permit application;
(2) Copies of a notice of intent to operate
  must be provided to the following state agencies at the same time it is
  submitted to the department:
(a) The
  Department of Game, Fish, and Parks;
(b) The Department of Agriculture;
(c) The Department of Tourism;
(d) The Office of History; and
(e) The State Archaeologist; and
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 74:29:10:05 - Publication of notice of intent to operate

Current through Register Vol. 51, page 10, July 15, 2024
A prospective operator that submits a notice of intent to operate to
	 the department must publish in a newspaper of general circulation within the
	 county of the proposed mining operation a public notice containing the
	 following information:
(1) The name,
  address, and phone number of the operator;
(2) The legal description of the area of the
  proposed mining operation;
(3) A
  general description of the type of mining operation proposed;
(4) A statement indicating that the operator
  has submitted a notice of intent to operate to the department for purposes of
  determining whether the lands potentially affected by the proposed mining
  operation are eligible for inclusion on the preliminary list of special,
  exceptional, critical, or unique lands; and
(5) A statement indicating that any citizen,
  organization, or agency may nominate lands described in the notice of intent to
  operate for inclusion on the preliminary list of special, exceptional,
  critical, or unique lands by submitting a nominating petition to the department
  complying with the requirements of §
									74:29:10:16 within 60 days after
  the publication date of the notice.
A copy of the public notice and proof of publication must be submitted
	 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 74:29:10:06 - Notice of intent to operate to be sent to others

Current through Register Vol. 51, page 10, July 15, 2024
A copy of a notice of intent to operate submitted to the department
	 pursuant to subdivision 74:29:10:04(1) shall be mailed by the department,
	 within 10 days after receipt, to the county commission of the county in which
	 the proposed mining operation is located and to persons on the interested
	 persons mailing list established under §
									74:29:01:05.
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 74:29:10:07 - Agency review and recommendation

Current through Register Vol. 51, page 10, July 15, 2024
The agencies identified in subdivision 74:29:10:04(2) have 60 days from
	 the date of receipt of a notice of intent to operate to submit to the
	 department recommendations for nominating lands described in the notice for
	 inclusion on the preliminary list of special, exceptional, critical, or unique
	 lands. Such recommendations must be in writing and must comply with the
	 requirements of §
									74:29:10:16. Failure of an agency
	 to respond within the 60 days constitutes that agency's clearance of the lands
	 described in the notice for special, exceptional, critical, or unique
	 characteristics.
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 74:29:10:08 - Department determination on notice of intent to operate - Procedure

Current through Register Vol. 51, page 10, July 15, 2024
Within 60 days after the date of publication of the public notice
	 required under §
									74:29:10:05, the department shall
	 determine whether the lands described in the notice of intent to operate are
	 eligible for inclusion on the preliminary list of special, exceptional,
	 critical, or unique lands by doing the following:
(1) Conducting an on-site inspection
  coordinated, if possible, with the agencies identified in subdivision
  74:29:10:04(2);
(2) Examining the
  preliminary list established pursuant to §
									74:29:10:18 to determine whether
  lands described in the notice of intent to operate are designated;
(3) Consulting with any agency that submits a
  recommendation to the department pursuant to §
									74:29:10:07; and
(4) Evaluating the information provided with
  the notice of intent to operate.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4,
		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 74:29:10:09 - Department determination on notice of intent to operate

Current through Register Vol. 51, page 10, July 15, 2024
The department must determine that lands described in a notice of
	 intent to operate are eligible for inclusion on the preliminary list of
	 special, exceptional, critical, or unique lands if:
(1) A complete recommendation that meets the
  requirements of §
									74:29:10:07 is filed;
(2) The lands described in the notice of
  intent to operate are already included on the preliminary list; or
(3) The assessment required by subdivision
  74:29:10:03(6) clearly indicates that the lands described in the notice of
  intent to operate constitute special, exceptional, critical, or unique lands.
The department may determine that lands described in a notice of intent
	 to operate are eligible for inclusion on the preliminary list of special,
	 exceptional, critical, or unique lands by preparing a nominating petition
	 complying with the requirements of §
										74:29:10:16.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4,
		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 74:29:10:10 - Notice of determination to operator and others

Current through Register Vol. 51, page 10, July 15, 2024
Upon determining whether or not lands included in a notice of intent to
	 operate are eligible for inclusion on the preliminary list of special,
	 exceptional, critical, or unique lands, the department shall notify the
	 operator of the determination in writing. The notice shall include the reason
	 for the determination and copies of nominating petitions or other information
	 supporting the determination.
Copies of the written notice shall be mailed by the department to the
	 following:
(1) Any agency that
  submitted a recommendation pursuant to §
									74:29:10:07;
(2) Individuals on the interested persons
  mailing list;
(3) Any person who
  submitted a nominating petition for lands described in the notice of intent to
  operate;
(4) The county commission
  of the county in which the proposed mining operation is located; and
(5) The surface and mineral owners of the
  lands described in the notice of intent to operate.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4,
		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 74:29:10:11 - Department determination - Operator appeal

Current through Register Vol. 51, page 10, July 15, 2024
The operator may appeal the department's determination by complying
	 with the appeal provisions of SDCL
	 45-6B-33.7. If the operator does
	 not appeal, the lands described in the notice of intent to operate, as
	 applicable, shall be included on the preliminary list of special, exceptional,
	 critical, or unique lands. If the operator does appeal, the board shall set a
	 time and place for a hearing on the appeal that is not more than 45 days
	 following the filing of the appeal, unless extended by mutual agreement of the
	 parties. The hearing, public notice, and intervention must comply with the
	 requirements of SDCL
	 45-6B-33.7. Upon receipt of an
	 appeal, the department shall give notice of the appeal to any citizen,
	 organization, or agency that submitted an applicable nominating
	 petition.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.7.
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 74:29:10:12 - Nomination by others of lands described in notice of intent to operate

Current through Register Vol. 51, page 10, July 15, 2024
Any citizen, organization, or agency may nominate lands described in a
	 notice of intent to operate for inclusion on the preliminary list of special,
	 exceptional, critical, or unique lands by submitting a nominating petition to
	 the department and to the operator within 60 days following the date of
	 publication of the public notice required under §
									74:29:10:05. Nominating petitions
	 must comply with the requirements of §
									74:29:10:16.
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 74:29:10:13 - Nominating petition - Public hearing

Current through Register Vol. 51, page 10, July 15, 2024
If any nominating petitions pertaining to a notice of intent to operate
	 are received within the 60-day time period allowed under §
									74:29:10:12, the board shall set a
	 time and place for a hearing on the petitions. The hearing must be held on a
	 date not more than 45 days following the final date allowed for submission of
	 nominating petitions, unless extended by mutual agreement of the parties. The
	 hearing, public notice, and intervention must comply with the applicable
	 requirements of SDCL
	 45-6B-33.7. The board may hold a
	 consolidated hearing on nominating petitions and on the appeal of the
	 department's determination.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4,
		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 74:29:10:14 - Nominating petition - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
Any citizen, organization, or agency that submits a nominating petition
	 pursuant to §
									74:29:10:12 carries the burden of
	 proving, during a hearing on the nominating petition, that the lands the
	 nominating petition applies to are eligible for inclusion on the preliminary
	 list of special, exceptional, critical, or unique lands. Failure to appear at
	 or carry the burden of proof during the hearing constitute grounds for
	 dismissal of the nominating petition by the board.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:15 - Clearance

Current through Register Vol. 51, page 10, July 15, 2024
The lands described in a notice of intent to operate shall be
	 considered cleared for special, exceptional, critical, or unique land
	 characteristics if the department determines that the lands do not constitute
	 special, exceptional, critical, or unique land and no nominating petitions
	 pertaining to lands described in the notice are filed. The clearance shall
	 remain in effect for seven years. If a mine permit application is not submitted
	 within the seven-year period, the board may declare the clearance void and the
	 lands may be reevaluated for special, exceptional, critical, or unique land
	 characteristics.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4,
		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 74:29:10:16 - Nominating petition for lands described in a notice of intent to operate - Contents

Current through Register Vol. 51, page 10, July 15, 2024
A petition to nominate lands for inclusion on the preliminary list of
	 special, exceptional, critical, or unique lands must contain the following
	 information:
(1) The name, address,
  and telephone number of the person submitting the nominating
  petition;
(2) The legal description
  of the lands being nominated;
(3) A
  map of sufficient scale to clearly identify the boundaries of the lands being
  proposed for nomination;
(4) A
  description of the nominator's interest in the lands being nominated for
  inclusion on the preliminary list;
(5) A written statement giving reasons for
  establishing the proposed boundaries;
(6) A list and description of the
  characteristics of SDCL
  45-6B-33.3 that apply to the lands
  being proposed for nomination and evidence that supports that the lands possess
  those characteristics; and
(7) The
  signature of the person submitting the nominating petition witnessed by a
  notary public and the date of signature.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:17 - Establishment of initial preliminary list - Board procedure

Current through Register Vol. 51, page 10, July 15, 2024
The board shall establish an initial preliminary list of special,
	 exceptional, critical, or unique lands in accordance with the following:
(1) Recommendations for nominating lands to
  the preliminary list shall be solicited from the agencies listed in subdivision
  74:29:10:04(2) within 14 days after the effective date of this
  chapter;
(2) Within 14 days after
  the effective date of this chapter, the board shall publish in five newspapers
  of general circulation a notice of intent to establish a preliminary list of
  special, exceptional, critical, or unique lands. The notice shall solicit
  nominating petitions from the general public and shall describe nominating
  petition content requirements. The notice shall indicate that nominating
  petitions must be submitted to the department within 90 days after the date of
  publication of the notice. Within 10 days after receipt, the department shall
  mail a copy of a nominating petition to the surface and mineral owners of the
  lands being nominated;
(3) A copy
  of the notice of intent to establish a preliminary list shall be mailed by the
  department to individuals on the interested persons mailing list; and
(4) A least 90 days and not more than 120
  days following the publication of the notice of intent to establish a
  preliminary list, the board shall set a time and date for hearing any
  nominating petitions received. At least 20 days before the hearing, the board
  shall notify any person or agency that submitted a nominating petition,
  individuals on the interested persons mailing list, the county commission of
  any county containing lands being nominated, and surface and mineral owners of
  lands being nominated of the time, date, and location of the hearing.
  Additionally, the board shall publish a notice of the time, date, and location
  of the hearing in a newspaper of general circulation within the county of any
  lands being nominated to the preliminary list. The notice shall be published
  once a week for two consecutive weeks immediately prior to the
  hearing.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:18 - Establishment of initial preliminary list - Hearing procedures

Current through Register Vol. 51, page 10, July 15, 2024
The following procedures apply to the hearing for establishing the
	 initial preliminary list of special, exceptional, critical, or unique lands and
	 to any subsequent hearings held for the purpose of updating the preliminary
	 list:
(1) The board shall hear
  nominating petitions in the order that they were received by the
  department;
(2) If more than one
  nominating petition is filed for a given land area, the board may consider such
  nominating petitions jointly;
(3)
  The board shall afford all interested persons opportunity to submit data,
  opinions, or arguments either orally or in writing, or both, on a given
  nomination proceeding;
(4) The
  person or agency that submits a nominating petition must be present during the
  proceeding on the petition and must be prepared to present evidence to the
  board supporting the nominating petition. Failure to be present or failure to
  present evidence if requested may be considered by the board as cause for
  rejecting the nominating petition; and
(5) After considering a nominating petition
  and any evidence presented in support of or adverse to the petition, the board
  shall either find that the lands nominated or a portion of them constitute
  special, exceptional, critical, or unique lands and place them on the
  preliminary list or find that the lands do not constitute special, exceptional,
  critical, or unique lands.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:19 - Board update of preliminary list

Current through Register Vol. 51, page 10, July 15, 2024
Following the establishment of the initial preliminary list, the board
	 shall annually hold a hearing to consider any nominating petitions received
	 during the preceding year. The notification and publication requirements of
	 subdivision 74:29:10:17(4) shall be followed prior to the
	 hearing.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:20 - Contents of nominating petition for preliminary list

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the information required for a petition to nominate
	 lands described in a notice of intent to operate listed in §
									74:29:10:16, a petition for
	 nominating lands to the preliminary list must include a list of the surface and
	 mineral owners of the area being nominated and of the lands within 500 feet of
	 the boundaries of the nominated area. The ownership information need only
	 include that which is normally kept by the county register of
	 deeds.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:21 - Preliminary list to be maintained by department

Current through Register Vol. 51, page 10, July 15, 2024
The preliminary list of special, exceptional, critical, or unique lands
	 and all nominating petitions or other evidence used to support the nomination
	 of those lands included on the list shall be maintained by the department. The
	 list and supporting information shall be made accessible to any interested
	 person on request.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:22 - Petition to remove lands from preliminary list

Current through Register Vol. 51, page 10, July 15, 2024
Any person may petition the board to remove lands from the preliminary
	 list by submitting a petition including the following information:
(1) The name, address, and telephone number
  of the person submitting the petition;
(2) The legal description of the lands to be
  removed from the preliminary list;
(3) A map of sufficient scale to clearly
  identify the boundaries of the lands to be removed from the preliminary
  list;
(4) Evidence and data
  demonstrating that the lands proposed to be removed from the preliminary list
  do not have any of the characteristics described in SDCL
  45-6B-33.3 that resulted in their
  inclusion on the preliminary list;
(5) A description of the petitioner's
  interest in the lands proposed to be removed from the preliminary list and the
  effect to those interests that may result from having the lands on the
  preliminary list;
(6) A list of all
  surface and mineral owners of the lands proposed to be removed from the
  preliminary list; and
(7) The
  signature of the person submitting the petition witnessed by a notary public
  and the date of signature.
A copy of the petition must be filed with the register of deeds of the
	 county in which lands proposed for removal from the preliminary list are
	 located at the same time it is submitted to the department. Proof of filing
	 must be submitted to the department.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:23 - Copies of petition to remove lands from preliminary list to be sent to others

Current through Register Vol. 51, page 10, July 15, 2024
Within 10 days after receipt of a petition to remove lands from the
	 preliminary list, the department shall mail copies of the petition to the
	 following:
(1) Any person or agency
  that submitted a nominating petition that resulted in inclusion of the lands
  being proposed for removal on the preliminary list;
(2) Individuals on the interested persons
  mailing list; and
(3) The county
  commission of the county in which the lands being proposed for removal from the
  preliminary list are located.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:24 - Hearing on petition to remove lands from preliminary list

Current through Register Vol. 51, page 10, July 15, 2024
The board shall schedule a hearing on a petition to remove lands from
	 the preliminary list for a date within 60 days after receipt of the petition,
	 unless waived by the petitioner. The notification and publication requirements
	 of subdivision 74:29:10:17(4) shall be followed prior to the hearing. The
	 petitioner shall present the petition and supporting evidence to the board
	 during the hearing on a petition to remove lands from the preliminary list.
	 Failure to appear during the hearing may constitute grounds for dismissal of
	 the petition by the board. After considering all evidence presented, the board
	 shall, during the hearing, either remove the lands from the preliminary list or
	 determine that the lands are special, exceptional, critical, or
	 unique.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
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 74:29:10:25 - Final designation of lands on preliminary list

Current through Register Vol. 51, page 10, July 15, 2024
During a hearing on a mining permit application that includes lands on
	 the preliminary list, the board shall determine whether the lands are finally
	 designated as special, exceptional, critical, or unique. The operator may
	 petition the board to hold a hearing to make the final determination on
	 designation at any time after a mine permit application is
	 filed.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-33.4.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:01 - Application for in situ leach mine permit - Contents

Current through Register Vol. 51, page 10, July 15, 2024
All applications for an in situ leach mine permit shall include, at a
	 minimum, the information necessary to address SDCL 45-6B-4 to 45-6B-10,
	 inclusive; 45-6B-14; 45-6B-15; 45-6B-32 to 45-6B-33.2, inclusive; 45-6B-37 to
	 45-6B-46, inclusive; 45-6B-91; and 45-6B-92; and §§
									74:29:01:04; 74:29:02:02 to
	 74:29:02:12, inclusive; 74:29:06:01; and 74:29:10:03. The application shall
	 include a description of the activities to be conducted by the applicant for
	 which permits or construction approvals are required; and a listing of all
	 permits or construction approvals received or applied for in association with
	 the in situ leach mine permit area under the following programs:
(1) The state hazardous waste management
  program under SDCL chapter 34A-11;
(2) The state solid waste permit program
  under SDCL chapter 34A-6, article 74:27, and chapters 74:54:01 and
  74:54:02;
(3) The federal
  underground injection control (UIC) program under Part C of the Safe Drinking
  Water Act, 42 U.S.C. §
										300 h et seq. (2003);
(4) The state UIC Class III well permit
  program under SDCL 34A-2 and chapter 74:54:01;
(5) The state surface water quality program
  under SDCL chapter 34A-2 and article 74:52;
(6) The state underground storage tank and
  aboveground storage tank program under SDCL chapter 34A-2 and article
  74:56;
(7) The state water rights
  permit program under SDCL title 46 and article 74:02;
(8) The new source review, Prevention of
  Significant Deterioration, or Title V permit program under the Clean Air Act
  42 U.S.C. §
										7401 et seq. as amended through November 15,
  1990, and under SDCL chapter 34A-1 and article 74:36, or minor source
  construction and operating air quality permit program under SDCL chapter 34A-1
  and article 74:36;
(9) The U.S.
  Army Corps of Engineers dredge and fill permit program under Section 404 of the
  Clean Water Act, as amended to January 1, 2008;
(10) The U.S. Nuclear Regulatory Commission
  source material license program under 10 CFR Part 40 (January 1, 2007);
  or
(11) Other relevant permitting
  programs, including other state and local permits or approvals.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5 to
		45-6B-7,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:01.01 - Underground injection control - Class III Well permit required for mine permit

Current through Register Vol. 51, page 10, July 15, 2024
The board may not grant a permit for an in situ mining operation under
	 chapter 74:29:11 unless the applicant has obtained a permit under SDCL chapter
	 34A-2 and chapter 74:55:01 Underground Injection Control - Class III Wells. A
	 permit issued under chapter 74:55:01 satisfies the permit requirements of
	 chapter 74:29:11 for subdivisions 74:29:11:02(1)(a) and (1)(b); the background
	 radiological data related information requirements of subdivision
	 74:29:11:02(2); subdivisions 74:29:11:02(4) to (8), inclusive; subdivision
	 74:29:11:03(1); subdivisions 74:29:11:03(2)(a) to (2)(c), inclusive;
	 subdivisions 74:29:11:03(8)(a) to (8)(c), inclusive; subdivision
	 74:29:11:03(10)(a); subdivisions 74:29:11:03(10)(e) to (10)(g), inclusive;
	 subdivisions 74:29:11:03(11) to (24), inclusive; subdivisions 74:29:11:04(1)(f)
	 to (h), inclusive; subdivisions 74:29:11:04(2) to (4), inclusive; subdivisions
	 74:29:11:04(11)(c) to (g), inclusive; §
									74:29:11:06; §
									74:29:11:09; §
									74:29:11:12; §
									74:29:11:16; subdivision
	 74:29:11:18(1); §
									74:29:11:29; and §
									74:29:11:30. The applicant may
	 submit an application for an in situ mine permit before obtaining a permit
	 under SDCL chapter 34A-2 and chapter 74:55:01, and the department may process
	 the application. If the department processes the application, the application
	 may not be deemed procedurally complete pursuant to §
									74:29:01:07 until the applicant
	 has obtained a permit under SDCL 34A-2 and chapter 74:55:01.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-5 to
		45-6B-7,
		inclusive.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:02 - Application content requirements - Additional baseline information required

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §§
									74:29:02:07 and
	 74:29:02:11, the following
	 information is required for an in situ leach mine permit:
(1) Ground water baseline information,
  including:
(a) A geochemical, lithological,
  and mineralogical description of the receiving strata and any aquifers that may
  be affected by the injection of mining solution;
(b) Aquifer characteristics for the water
  saturated portions of the receiving strata and aquifers that may be affected by
  the mining process. Characteristics may include aquifer thickness, velocity and
  direction of ground water movement, storage coefficients or specific yields,
  transmissivity or hydraulic conductivity, and the directions of preferred flow
  under hydraulic stress in the saturated zones of the receiving strata. The
  extent of hydraulic connection between the receiving strata and overlying and
  underlying aquifers and the hydraulic characteristics of any influencing
  boundaries in or near the proposed production areas shall be determined and
  described;
(c) The volume and areal
  extent of ground water anticipated to be influenced by the injection
  activities. The area of review shall include the area within a one-quarter mile
  radius of the injection wells, or as determined by the department;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:03 - Application content requirements - Mine operations plan

Current through Register Vol. 51, page 10, July 15, 2024
All applications for an in situ leach mine permit shall include, at a
	 minimum, the information and materials related to mine plans required in SDCL
	 45-6B-5 to
	 45-6B-7, inclusive, and
	 §§
									74:29:02:04; 74:29:02:11; and
	 74:29:07:02 to 74:29:07:17, inclusive; and the following information:
(1) In addition to the requirements of
  §§
									74:29:02:04; 74:29:02:09; and
  74:29:02:12, contour (topographic) maps that accurately locate and identify the
  permit area and show the location of any public highways, tribal reservation
  boundaries, dwellings, utilities, and easements within the permit area and
  adjacent lands in relation to all proposed affected lands and proposed
  activities associated with the in situ leach mine, including all processing
  facilities, chemical storage areas, production areas, and roads. The map shall
  also clearly illustrate the location of monitoring wells;
(2) Discussion and illustration of the
  estimated mining schedule, including:
(a) A
  list of the proposed wellfields;
(b) A map showing the proposed sequence for
  mining of the wellfields;
(c) An
  estimated time schedule for mining each wellfield; and
(d) The capacity of the water/wastewater
  treatment systems and correlation of the capacity with the mining and
  restoration schedules;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:04 - Application content requirements - Reclamation plan

Current through Register Vol. 51, page 10, July 15, 2024
All procedurally complete applications for an in situ leach mine permit
	 shall include, at a minimum, the information and materials related to
	 reclamation required in SDCL
	 45-6B-5 to
	 45-6B-7, inclusive; 45-6B-37 to
	 45-6B-46, inclusive; and
	 §§
									74:29:02:08; 74:29:02:10;
	 74:29:06:01; 74:29:07:01 to 74:29:07:27, inclusive; and 74:29:08:01 to
	 74:29:08:03, inclusive; and:
(1)
  Discussion and information necessary to demonstrate that the operation will
  achieve ground water restoration, including:
(a) A list of the proposed wellfields or
  mining units;
(b) A map showing the
  estimated sequence for restoration of the wellfields;
(c) A potentiometric map of the ground water
  surface in the producing zone and adjacent aquifers;
(d) The geochemistry of the production zone
  and of up-gradient and down-gradient aquifers, to include oxidation-reduction
  conditions and common ions;
(e) The
  direction and velocity of ground water movement through the producing
  zone;
(f) The proposed methods to
  restore ground water quality, based on the geochemistry of the production zone
  and the chemistry of the mining solutions;
(g) An estimated time schedule for the
  restoration of each wellfield; and
(h) A proposed restoration table for all
  ground water quality restoration values;
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:05 - Determination of ground water restoration demonstration

Current through Register Vol. 51, page 10, July 15, 2024
In deciding whether a demonstration has been made by the operator in
	 accordance with subdivision 74:29:11:04(1), the department shall, at a minimum,
	 consider the premining baseline water quality and geochemistry, including
	 up-gradient and down-gradient aquifers and the direction and velocity of ground
	 water movement through the producing zone.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:06 - Ground water restoration table

Current through Register Vol. 51, page 10, July 15, 2024
Based upon the information submitted in accordance with subdivision
	 74:29:11:04(1) and the determination in accordance with §
									74:29:11:05, the department shall
	 develop a ground water restoration table with assigned ground water quality
	 restoration values that are the compliance requirements for restoration of the
	 production and nonproduction zones.
The restoration values shall be based on premining baseline conditions.
	 If the ground water restoration demonstration in accordance with subdivision
	 74:29:11:04(1) indicates that the operation will be unable to achieve the
	 standard of returning affected ground water to baseline conditions with the
	 application of best practicable technology, the department shall set the
	 restoration values as follows:
(1) To
  not exceed the applicable maximum contaminant levels in South Dakota ground
  water quality standards listed in §
									74:54:01:04;
(2) To not exceed the health advisory levels
  or secondary drinking water regulations set by the U.S. Environmental
  Protection Agency for other parameters not listed in Table 1 and Table 2 of
  §
									74:54:01:04; and
(3) To not exceed values based on an
  appropriate statistical method for any parameters not listed in South Dakota
  ground water quality standards, or in U.S. Environmental Protection Agency
  health advisory lists or secondary drinking water regulations.
Modification of the restoration table shall be done in accordance with
	 §
										74:29:11:50.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:07 - Establishment of baseline water quality in new mining areas

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of SDCL
	 45-6B-7(9),
	 before mining a new area or section in a production zone, the operator shall
	 submit a baseline ground water quality sampling plan to include an adequate
	 number of wells and samples to adequately characterize baseline water quality
	 in production and nonproduction zones in and adjacent to the new mining area.
	 Water samples may not be taken until the specific conductivity, temperature,
	 and pH have stabilized. These samples shall be analyzed for the parameters
	 designated by the department. All baseline wells shall be sampled at least once
	 every month for a minimum of six months before any mining activities. If a well
	 shows results indicating a statistically significant variance for a control
	 parameter, whether due to laboratory error or natural fluctuation, the
	 department may require additional samples be taken. The sample results for each
	 well shall be submitted to the department.
The department shall consider the baseline water quality to determine
	 the upper limit value of a control parameter which, if exceeded, indicates that
	 an injected fluid may be present.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-7,
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:08 - Technical revisions to an in situ leach mine permit

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 the injection well portion of an in
	 situ leach mine without the requirement of a permit amendment. In addition to
	 the list of technical revisions in §
									74:29:03:16, in situ leach mine
	 permit technical revisions may include the following:
(1) Correction of typographical
  errors;
(2) Modification of
  monitoring plan reporting requirements;
(3) Modification of quantities or types of
  fluids injected that are within the capacity of the facility as permitted and
  would not interfere with the operation of the facility or its ability to meet
  conditions described in the permit and would not change its
  classification;
(4) Well
  construction requirements;
(5) The
  addition of wells to the wellfield within the permit area if the requirements
  of §
									74:29:11:20 are met;
(6) Modification of injection rates and
  pressures;
(7) Modification of a
  well repair, abandonment, plugging, or conversion plan; and
(8) Delay the plugging requirement of
  subdivision 74:29:11:18(4) for an unused well.
In situ leach mine permit technical revision applications must comply
	 with the procedural requirements of §
										74:29:03:16, as applicable.
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.
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 74:29:11 - In situ leach mining › Section 74:29:11:09 - Designation of exempted aquifers

Current through Register Vol. 51, page 10, July 15, 2024
The board may exempt an aquifer or a portion of an aquifer and
	 designate it as an exempted aquifer if it meets the following criteria:
(1) It does not currently serve as a source
  of drinking water; and
(2) It
  cannot now and will not in the future serve as an underground source of
  drinking water for any of the following reasons:
(a) It produces minerals, hydrocarbons, or
  geothermal energy, or can be demonstrated by a permit applicant as part of a
  permit application for an in situ leach mine to contain minerals or
  hydrocarbons that considering their quantity and location are expected to be
  commercially producible;
(b) It is
  situated at a depth or location that makes recovery of water for drinking water
  purposes economically or technologically impractical;
(c) It is so contaminated that it would be
  economically or technologically impractical to render the water fit for human
  consumption; or
(d) It is located
  over an injection well mining area subject to subsidence or catastrophic
  collapse; or
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:10 - Injection wells subject to the provisions of this chapter

Current through Register Vol. 51, page 10, July 15, 2024
An injection well for in situ leach mining shall comply with the
	 provisions of this chapter.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:11 - Well location and protection

Current through Register Vol. 51, page 10, July 15, 2024
In selecting well locations, protecting wells, and maintaining well
	 covers, the following requirements apply:
(1) The top of the casing shall end at least
  12 inches above grade. The top of the casing shall end at least 24 inches above
  any known high-water conditions of flooding from runoff or ponded water, and
  the immediate area around the collar of the well shall slope away from the well
  to direct surface runoff away from the well;
(2) Installation of wells in the channels and
  flood plains of perennial drainages is prohibited;
(3) Wells installed in an ephemeral or
  intermittent drainage may not be located in the streambed or the channel of the
  drainage. During well construction and use, steps shall be taken to minimize
  the potential for damage to the channel and, to protect the well from damage
  due to erosion, and to prevent surface water runoff from entering the
  well;
(4) The well opening shall be
  closed with a cover to prevent the introduction of undesirable material into
  the well; and
(5) If a well is to
  be constructed near buildings or power lines, the well shall be located at a
  distance from the buildings and power lines to provide access for repairs,
  maintenance, sampling, and similar work. At a minimum, a well must clear any
  projection from any building by three feet and clear any power line by ten
  feet.
General Authority:
SDCL
		45-6B-81.
Law Implemented:
SDCL
		45-6B-41.
South Dakota Administrative Rules › Title 74 - Department of Environment And Natural Resources › Article 74:29 - Mined land reclamation › Chapter 74:29:11 - In situ leach mining › Section 74:29:11:12 - Well construction requirements

Current through Register Vol. 51, page 10, July 15, 2024
The method for well construction shall be stated in the permit
	 application. Construction requirements listed in this section apply to all
	 wells installed for activities related to in situ leach mines. The department
	 may grant a deviation from the requirements through a technical revision, if
	 the operator supplies documentation of reliability, mechanical integrity,
	 design, and construction to protect ground waters of the state. Injection and
	 production wells shall be generally constructed as follows:
(1) Annular seals shall be installed to
  protect the casing against corrosion, ensure structural integrity of the
  casing, stabilize the upper formations, protect against contamination or
  pollution of the well from the surface, and prevent migration of ground water
  from one aquifer or water-bearing strata to another in accordance with the
  following requirements:
(a) The drill hole
  shall be of sufficient diameter for adequate sealing and, at any given depth,
  at least three inches greater in nominal diameter than the outside diameter of
  the outer casing at that depth. The department may approve an alternative
  casing design if it provides an equivalent degree of ground water
  protection;
(b) Before placing the
  annular seal, the wellbore shall be under static conditions and all loose drill
  cuttings, rock chips, or other obstructions shall be removed from the annular
  space by circulating the borehole with water or drilling mud slurry;
(c) The annular sealing material shall be
  pressure-grouted as required in §
										74:02:04:28;
(d) Sealing material shall consist of neat
  cement grout or bentonite grout mixtures meeting the following requirements:
(i) Cement grout shall be composed of high
  sulfate resistant Portland cement and shall conform to the requirements of
  §
											74:02:04:53;
(ii) Bentonite grout shall conform to the
  requirements of §
											74:02:04:53.01. The bentonite
  grout shall be a sodium bentonite material that has been commercially
  manufactured and specially formulated for use as a well casing seal;
(iii) The sealing material shall be
  thoroughly mixed before placement so there are no balls, clods, or other
  features that could reduce the effectiveness of the seal;
(iv) Special quick-setting cement, cement
  accelerators, retarders, fluid-loss additives, dispersants, extenders,
  loss-of-circulation materials, and other additives, including hydrated lime to
  make the mix more fluid or bentonite to make the mix more fluid and reduce
  shrinkage, may be used, if approved by the department; and
(v) Used drilling mud or drill cuttings from
  the borehole may not be used as sealing material;