South Dakota Administrative Code

Rule 74:29:02:08 Reclamation costs. 74:29:02:08. Reclamation costs. For SDCL 45-6B-7(12), estimated reclamation costs must be submitted for each component of the affected land; for example, the mine pit, waste dumps, heaps, and ponds. A cost analysis for each activity to be condu…

Rule 74:29:02:09 Permit area boundary -- Map requirements. 74:29:02:09. Permit area boundary -- Map requirements. For SDCL 45-6B-10, the map must clearly depict the applicant's proposed permit area boundary. Source: 14 SDR 111, effective March 3, 1988. General Authority: SDCL 45-…

Rule 74:29:02:10 Revegetation. 74:29:02:10. Revegetation. For SDCL 45-6B-39, the application must address revegetation as described in § 74:29:07:06. Source: 14 SDR 111, effective March 3, 1988. General Authority: SDCL 45-6B-81. Law Implemented: SDCL 45-6B-39.

Rule 74:29:02:11 Effect on hydrologic balance and on surface water and groundwater. 74:29:02:11. Effect on hydrologic balance and on surface water and groundwater. For SDCL 45-6B-41, the following information may be required to address the potential impact to the hydrologic balan…

Rule 74:29:02:12 Map requirements for large-scale mining operations. 74:29:02:12. Map requirements for large-scale mining operations. All maps submitted with large-scale permit applications must be legible and drawn to a scale which clearly shows the elements being delineated. Ma…

Rule 74:29:03:01 Permit amendment required. 74:29:03:01. Permit amendment required. A permit amendment is required for an increase of more than 20 percent of contiguous affected land within the permit area or for a minor modification of the terms and conditions of the operating o…

Rule 74:29:03:02 New permit application required. 74:29:03:02. New permit application required. 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;…

Rule 74:29:03:03 Contents of permit amendment application. 74:29:03:03. Contents of permit amendment application. 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 n…

Rule 74:29:03:04 Additional surety required. 74:29:03:04. Additional surety required. 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 s…

Rule 74:29:03:05 Procedure for submission of permit amendment application. 74:29:03:05. Procedure for submission of permit amendment application. The following procedures apply to the submission of a permit amendment application: (1) Upon submission of a permit amendment applicat…

Rule 74:29:03:06 Request for copy of permit amendment application. 74:29:03:06. Request for copy of permit amendment application. A person may request a copy of a permit amendment application by contacting the department. The department shall supply the requesting party with a co…

Rule 74:29:03:07 Procedural completeness requirements. 74:29:03:07. Procedural completeness requirements. The procedural completeness requirements for a permit amendment application must conform to the provisions of chapter 74:29:02, as applicable. Source: 14 SDR 111, effective M…

Rule 74:29:03:08 Determination of procedural completeness -- Filing additional completeness information with county register of deeds. 74:29:03:08. Determination of procedural completeness -- Filing additional completeness information with county register of deeds. The department…

Rule 74:29:03:09 Summary document. 74:29:03:09. Summary document. 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 iden…

Rule 74:29:03:10 Information added after filing. 74:29:03:10. Information added after filing. 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 …

Rule 74:29:03:11 Notice to agencies of permit amendment application. 74:29:03:11. Notice to agencies of permit amendment application. Within 10 days after the filing of a permit amendment application, the department shall send copies of the application to the departments of educa…

Rule 74:29:03:12 Publication of notice of departmental recommendation -- Contents of notice. 74:29:03:12. Publication of notice of departmental recommendation -- Contents of notice. The department shall publish a notice of departmental recommendation in a newspaper of general cir…

Rule 74:29:03:13 Notice of departmental recommendation to others. 74:29:03:13. Notice of departmental recommendation to others. The applicant shall mail a copy of the notice of departmental recommendation immediately after the first publication to all owners and lessees of severe…

Rule 74:29:03:14 Intervention -- Petition to initiate contested case hearing -- Notice of hearing. 74:29:03:14. Intervention -- Petition to initiate contested case hearing -- Notice of hearing. Any interested person, the applicant, or the department may intervene in a permit amen…

Rule 74:29:03:15 Notice of decision to applicant in absence of contested case. 74:29:03:15. Notice of decision to applicant in absence of contested case. If a petition to initiate a contested case is not filed, the department shall transmit a notice of decision to the applicant, …

Rule 74:29:03:16 Technical revisions to mining operation permits. 74:29:03:16. Technical revisions to mining operation permits. The board, through permit conditions, may authorize the department to approve proposed technical revisions to a mining operation without the requirement…

Rule 74:29:03:17 Use of amendments to avoid filing permit application. 74:29:03:17. Use of amendments to avoid filing permit application. Operators must file a new permit application to change an approved operating or reclamation plan if the permit amendment process is being used…

Rule 74:29:04:01 Notice of transfer. 74:29:04:01. Notice of transfer. 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 § 74:2…

Rule 74:29:04:02 Contents of notice of permit transfer. 74:29:04:02. Contents of notice of permit transfer. 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 a…

Rule 74:29:04:03 Departmental review of notice of transfer. 74:29:04:03. Departmental review of notice of transfer. The department shall review the notice of transfer and notify the successor operator of deficiencies within 30 days after submission. Source: 14 SDR 111, effective …

Rule 74:29:04:04 Recommendation on permit transfer. 74:29:04:04. Recommendation on permit transfer. 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. Source: 14 SDR 111…

Rule 74:29:04:05 Applicability of transferred permit. 74:29:04:05. Applicability of transferred permit. A transferred permit authorizes only those activities approved in the operating and reclamation plan, permit conditions, and approved permit amendments. Any changes in the perm…

Rule 74:29:04:06 Surety. 74:29:04:06. Surety. 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. Source: 14 SDR 111, effective March 3, 1988. General Authori…

Rule 74:29:04:07 Notice to county commissioners of board action on permit transfer. 74:29:04:07. Notice to county commissioners of board action on permit transfer. The board shall transmit notice of board action on a permit transfer to the board of county commissioners in the cou…

Rule 74:29:05:01 Reclamation of millsites. 74:29:05:01. Reclamation of millsites. Reclamation of any millsite constructed in conjunction with a mining operation must be addressed in the permit application. Source: 14 SDR 111, effective March 3, 1988. General Authority: SDCL 45-6B…

Rule 74:29:05:02 Choice of reclamation. 74:29:05:02. Choice of reclamation. 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. Source: 14…

Rule 74:29:05:03 Process pond reclamation. 74:29:05:03. Process pond reclamation. 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;…

Rule 74:29:05:04 Removal of equipment and buildings. 74:29:05:04. Removal of equipment and buildings. All buildings and equipment associated with a millsite must comply with the requirements of § 74:29:07:13. Source: 14 SDR 111, effective March 3, 1988. General Authority: SDCL 45…

Rule 74:29:05:05 Reclamation of tailings impoundments. 74:29:05:05. Reclamation of tailings impoundments. 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 re…

Rule 74:29:05:06 Treatment of tailings -- Initial sampling and chemical characterization. 74:29:05:06. Treatment of tailings -- Initial sampling and chemical characterization. Prior to the initiation of treatment, effluent or pore water from a tailings impoundment shall be sample…

Rule 74:29:05:07 Treatment of tailings -- Monitoring during treatment process. 74:29:05:07. Treatment of tailings -- Monitoring during treatment process. Effluent or pore water from tailings impoundments shall be monitored for key parameters designated by the department to statis…

Rule 74:29:05:08 Treatment of tailings. 74:29:05:08. Treatment of tailings. 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 departme…

Rule 74:29:05:09 Retreatment of tailings. 74:29:05:09. Retreatment of tailings. 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…

Rule 74:29:05:10 Treatment of tailings -- Final sampling program. 74:29:05:10. Treatment of tailings -- Final sampling program. Before an operator is released of reclamation liability for a tailings impoundment, the operator must prove to the satisfaction of the board that the ta…

Rule 74:29:05:11 Treatment and disposal of tailings from on/off load pads. 74:29:05:11. Treatment and disposal of tailings from on/off load pads. 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 7…

Rule 74:29:05:12 Reclamation of tailings which cannot meet treatment standards. 74:29:05:12. Reclamation of tailings which cannot meet treatment standards. Tailings which have been treated and cannot meet the criteria established in § 74:29:05:08 or which cannot feasibly be treat…

Rule 74:29:05:13 Uranium tailings. 74:29:05:13. Uranium tailings. Uranium tailings impoundments are subject to applicable state law as cited in SDCL 45-6B-32. Source: 14 SDR 111, effective March 3, 1988. General Authority: SDCL 45-6B-81. Law Implemented: SDCL 45-6B-32, 45-6B-44, …

Rule 74:29:05:14 Land application of solution -- General requirements. 74:29:05:14. Land application of solution -- General requirements. 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…

Rule 74:29:05:15 Land application of solution -- Sampling requirements. 74:29:05:15. Land application of solution -- Sampling requirements. 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 …

Rule 74:29:05:16 Land application of solution -- Site evaluation. 74:29:05:16. Land application of solution -- Site evaluation. Before initiation of land application of solution, a site evaluation and characterization must be conducted to show site compatibility with the chemical…

Rule 74:29:05:17 Land application of solution -- Plan for operational monitoring. 74:29:05:17. Land application of solution -- Plan for operational monitoring. Before initiation of land application of solution, the operator must submit a written plan for operational monitoring of…

Rule 74:29:05:18 Land application of solution -- Notice of intent to implement. 74:29:05:18. Land application of solution -- Notice of intent to implement. The operator must give the department written notice of intent to implement land application at least one week before the in…

Rule 74:29:05:19 Land application of solution -- Revegetation of site -- Inspection. 74:29:05:19. Land application of solution -- Revegetation of site -- Inspection. Areas of surface disturbance within land application sites must be stabilized by grading and revegetating immediat…

Rule 74:29:05:20 Land application of solution -- Written report. 74:29:05:20. Land application of solution -- Written report. Following each land application cycle, a written report must be submitted to the department. This report must include the following: (1) The total amount …

Rule 74:29:06:01 Presubmission conference -- Determination of postmining land use. 74:29:06:01. Presubmission conference -- Determination of postmining land use. Before a mining operation permit application or a permit amendment application for an existing reclamation plan is sub…