South Dakota Administrative Code

Rule 74:29:06:02 General requirements for determination of reclamation type. 74:29:06:02. General requirements for determination of reclamation type. For all reclamation types the applicant must present a management plan for the purpose of determining the reclamation type that do…

Rule 74:29:06:03 Economic study required for determination of future mineral exploration and development as reclamation type. 74:29:06:03. Economic study required for determination of future mineral exploration and development as reclamation type. In addition to the general requi…

Rule 74:29:06:04 Alternative postmining land use. 74:29:06:04. Alternative postmining land use. 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 alternat…

Rule 74:29:06:05 Approval required for future mineral exploration and development as a reclamation type. 74:29:06:05. Approval required for future mineral exploration and development as a reclamation type. Future mineral exploration and development as a reclamation type is subjec…

Rule 74:29:06:06 Confidential information. 74:29:06:06. Confidential information. Information marked confidential that is provided to justify future mineral exploration and development or other reclamation types is considered part of the permit application and shall be protected …

Rule 74:29:07:01 General requirements for all reclamation types. 74:29:07:01. General requirements for all reclamation types. All mining operations must comply with the general requirements in §§ 74:29:07:02 to 74:29:07:17, inclusive, and with the following requirements: (1) Recl…

Rule 74:29:07:02 Minimizing of adverse impacts. 74:29:07:02. Minimizing of adverse impacts. To minimize the adverse impacts of a mining operation, the following must be considered during the mine planning process: (1) Design of mine operation facilities to minimize surface distur…

Rule 74:29:07:03 Grading and backfilling -- Necessity. 74:29:07:03. Grading and backfilling -- Necessity. Grading, backfilling, and other topographic reconstruction methods must be included in the reclamation plan to achieve visually and functionally compatible contours. Backfill…

Rule 74:29:07:04 Grading and backfilling -- Criteria. 74:29:07:04. Grading and backfilling -- Criteria. The following general criteria apply to all grading, backfilling, or other topographic reconstruction methods: (1) All reclaimed slopes and slope combinations must meet the fol…

Rule 74:29:07:05 Disposal of refuse. 74:29:07:05. Disposal of refuse. All refuse from the mining operation, including garbage and rubbish, must be disposed of in an approved landfill or may be disposed of on-site if disposal complies with the South Dakota solid waste regulations …

Rule 74:29:07:06 Revegetation. 74:29:07:06. Revegetation. Revegetation must meet the following general requirements: (1) Vegetative species and composition must be appropriate for the postmining land use. The species of vegetation to be used must be described in the reclamation p…

Rule 74:29:07:07 Topsoil management. 74:29:07:07. Topsoil management. In addition to the requirements of SDCL 45-6B-40, topsoil must be managed as follows: (1) All salvageable topsoil or other suitable material must be removed from the areas of affected land before the land is di…

Rule 74:29:07:08 Hydrologic balance -- Water quality. 74:29:07:08. Hydrologic balance -- Water quality. To minimize disturbances to the prevailing hydrologic balance of the affected land and adverse effects on the quality and quantity of surface water and groundwater, both during…

Rule 74:29:07:09 Surface runoff diversions. 74:29:07:09. Surface runoff diversions. Surface runoff diversions must meet the following general requirements: (1) In soils or other unconsolidated material, the sides of diversion ditches may be no steeper than two horizontal to one v…

Rule 74:29:07:10 Diversions of intermittent and perennial streams. 74:29:07:10. Diversions of intermittent and perennial streams. Permanent or temporary diversions of intermittent and perennial streams on affected lands must meet the following general requirements: (1) Spoil, top…

Rule 74:29:07:11 Impoundments. 74:29:07:11. Impoundments. For permanent surface impoundments, the criteria in § 74:29:07:27 apply. Tailings impoundments on all affected land must meet the criteria set forth in chapter 74:29:05. Source: 14 SDR 111, effective March 3, 1988. General…

Rule 74:29:07:12 Roads and railroad spurs. 74:29:07:12. Roads and railroad spurs. Constructed or upgraded roads and railroad spurs are affected land from the location where they provide exclusive service to the mining operation and must be covered by the reclamation bond. They mu…

Rule 74:29:07:13 Buildings and structures. 74:29:07:13. Buildings and structures. All buildings and structures constructed, used, or improved by the operator must be dismantled and removed unless it can be demonstrated to the board's satisfaction that they will be consistent with…

Rule 74:29:07:14 Spoil. 74:29:07:14. Spoil. Spoil on all affected land must meet the following general requirements: (1) Except where diversions are approved by the board, all spoil must be located to avoid blocking intermittent or perennial drainages. Ephemeral drainages may be …

Rule 74:29:07:15 Noxious weeds. 74:29:07:15. Noxious weeds. The applicant, in consultation with the county weed board, local conservation district, or other appropriate agency, must develop and implement a noxious weed control plan. The plan must be included as part of the reclam…

Rule 74:29:07:16 Subsidence. 74:29:07:16. Subsidence. The operator must prevent or minimize subsidence that may result from mining activities. Where subsidence cannot be prevented, measures must be taken to minimize damage to and loss of value of property and to minimize hazards …

Rule 74:29:07:17 Underground mines. 74:29:07:17. Underground mines. All underground mine openings and workings or previously existing underground mine workings intercepted by surface mining activities must be sealed during reclamation. Source: 14 SDR 111, effective March 3, 1988.…

Rule 74:29:07:18 Requirements for specific types of reclamation. 74:29:07:18. Requirements for specific types of reclamation. The requirements in §§ 74:29:07:19 to 74:29:07:27, inclusive, apply to the specific type or types of reclamation selected pursuant to SDCL 45-6B-45. These…

Rule 74:29:07:19 Forest planting. 74:29:07:19. Forest planting. The following requirements apply to forest planting as an approved postmining land use: (1) Trees, shrubs, and other understory vegetation physiologically suited to the site shall be used to revegetate disturbed area…

Rule 74:29:07:20 Rangeland. 74:29:07:20. Rangeland. The following requirements apply to rangeland as an approved postmining land use: (1) Affected land must have the capability to support a livestock carrying capacity that is equivalent to that of the surrounding area or to that …

Rule 74:29:07:21 Agricultural or horticultural crops. 74:29:07:21. Agricultural or horticultural crops. The following requirements apply to agricultural or horticultural crops as an approved postmining land use: (1) The reclaimed land must have the capability of meeting or exceed…

74:29:07:22. Wildlife habitat. The following requirements apply to wildlife habitat as an approved postmining land use: (1) Reclamation shall be directed toward optimizing habitat diversity for game and nongame species. The surrounding unaffected land must be considered in determ…

Rule 74:29:07:23 Recreation. 74:29:07:23. Recreation. The following requirements apply to recreation as an approved postmining land use: (1) The applicant must identify the proposed type of recreation which the reclamation will provide and must demonstrate the following to the sa…

Rule 74:29:07:24 Industrial use. 74:29:07:24. Industrial use. The following requirements apply to industrial use as an approved postmining land use: (1) The applicant must identify the type of industry which will be located at the site and must demonstrate or address the followin…

Rule 74:29:07:25 Homesites. 74:29:07:25. Homesites. The following requirements apply to homesites as an approved postmining land use: (1) The applicant must demonstrate or address the following to the satisfaction of the board: (a) The suitability to the affected land for residen…

Rule 74:29:07:26 Future mineral exploration or development. 74:29:07:26. Future mineral exploration or development. The following requirements apply to future mineral exploration or development as an approved postmining land use: (1) The applicant must identify the following: (a)…

Rule 74:29:07:27 Permanent surface impoundment. 74:29:07:27. Permanent surface impoundment. The following requirements apply to a permanent surface impoundment as an approved postmining land use: (1) Dams must be designed to contain and, if necessary, pass the design precipitatio…

Rule 74:29:07:28 Changes occurring in approved reference area. 74:29:07:28. Changes occurring in approved reference area.Any changes occurring in an approved reference area which may affect the area's usefulness as an indicator of reclamation success must be reported in writing t…

Rule 74:29:07:29 Repealed. 74:29:07:29. Definition of special or unique land.Repealed. Source: 14 SDR 111, effective March 3, 1988; repealed, 20 SDR 59, effective November 1, 1993.

Rule 74:29:07:30 Repealed. 74:29:07:30. Restrictions on permits including special or unique land.Repealed. Source: 14 SDR 111, effective March 3, 1988; repealed, 20 SDR 59, effective November 1, 1993.

Rule 74:29:07:31 Repealed. 74:29:07:31. Procedure for determining special or unique land.Repealed. Source: 14 SDR 111, effective March 3, 1988; repealed, 20 SDR 59, effective November 1, 1993.

Rule 74:29:07:32 Repealed. 74:29:07:32. Hearing on determination of special or unique land.Repealed. Source: 14 SDR 111, effective March 3, 1988; repealed, 20 SDR 59, effective November 1, 1993.

Rule 74:29:07:33 Repealed. 74:29:07:33. Underground mining.Repealed. Source: 14 SDR 111, effective March 3, 1988; repealed, 20 SDR 59, effective November 1, 1993.

Rule 74:29:08:01 Requirements for concurrent reclamation. 74:29:08:01. Requirements for concurrent reclamation. Concurrent reclamation shall be conducted during all phases of the mining operation. Concurrent reclamation plans and estimated timetables must be included in the recla…

Rule 74:29:08:02 Requirements for interim reclamation. 74:29:08:02. Requirements for interim reclamation. Interim reclamation must be initiated on affected land if no further disturbance is scheduled to occur on that land within two years. Interim reclamation must be completed wi…

Rule 74:29:08:03 Requirements for final reclamation. 74:29:08:03. Requirements for final reclamation. Final reclamation shall be performed during the course of the mining operation on those affected lands which will not be disturbed again and where it will not adversely affect ot…

Rule 74:29:08:04 Disturbance to avoid requirements -- Board order. 74:29:08:04. Disturbance to avoid requirements -- Board order. If the board determines that affected lands are being subjected to disturbances to avoid the requirements of this chapter, the board may order the con…

Rule 74:29:09:01 Temporary cessation -- When applicable. 74:29:09:01. Temporary cessation -- When applicable. A mining operation is in a state of temporary cessation when 180 days have elapsed during which no production occurred. A mining operation is not in a state of temporary …

Rule 74:29:09:02 Notice of temporary cessation -- Contents. 74:29:09:02. Notice of temporary cessation -- Contents. An operator who desires to cease production temporarily must file a notice of temporary cessation with the board. The notice must contain the following information:…

Rule 74:29:09:03 Site maintenance and other activities required. 74:29:09:03. Site maintenance and other activities required. All mining operations which enter a state of temporary cessation must conduct site maintenance and other activities in accordance with the approved mining…

Rule 74:29:09:04 Departmental review of notice. 74:29:09:04. Departmental review of notice. The department shall review the notice of temporary cessation and may conduct an inspection of the affected land. The department shall notify the operator within 30 days after submission t…

Rule 74:29:09:05 Agency review. 74:29:09:05. Agency review. Within 10 days after the receipt of a notice of temporary cessation or of any information supplementing the notice, the department shall send a copy of the notice or additional information to the department of game, fish…

Rule 74:29:09:06 Notice of recommendation. 74:29:09:06. Notice of recommendation. The department shall publish a notice of recommendation pursuant to the publication requirements of SDCL 45-6B-30 and shall allow 20 days in which interested persons may file a petition to initiate …

Rule 74:29:09:07 Notice of temporary cessation required. 74:29:09:07. Notice of temporary cessation required. The board shall order an operator who has temporarily ceased production for the periods defined in SDCL 45-6B-3(6) and has not filed a notice of temporary cessation to fi…

Rule 74:29:09:08 Confidential information submitted with notice of temporary cessation. 74:29:09:08. Confidential information submitted with notice of temporary cessation. Information submitted with a notice of temporary cessation provided as evidence to showing that mineral rese…