South Dakota Administrative Code

Rule 74:29:10:01 Applicability. 74:29:10:01. Applicability. This chapter applies only to mining and milling operations as defined in SDCL chapter 45-6B. This chapter does not apply to mining operations regulated under SDCL chapter 45-6 or to mineral exploration or uranium explora…

Rule 74:29:10:02 Operator required to request a determination. 74:29:10:02. Operator required to request a determination. Any prospective operator contemplating the establishment of a mining operation must request the department to determine whether or not the lands included in t…

Rule 74:29:10:03 Notice of intent to operate -- Contents. 74:29:10:03. Notice of intent to operate -- Contents. A notice of intent to operate shall include the following: (1) The name, address, and telephone number of the operator; (2) The legal description of the area of the pro…

Rule 74:29:10:04 Submission of notice of intent to operate. 74:29:10:04. Submission of notice of intent to operate. 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 …

Rule 74:29:10:05 Publication of notice of intent to operate. 74:29:10:05. Publication of notice of intent to operate. 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 pr…

Rule 74:29:10:06 Notice of intent to operate to be sent to others. 74:29:10:06. Notice of intent to operate to be sent to others. 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 1…

Rule 74:29:10:07 Agency review and recommendation. 74:29:10:07. Agency review and recommendation. 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 nominatin…

Rule 74:29:10:08 Department determination on notice of intent to operate -- Procedure. 74:29:10:08. Department determination on notice of intent to operate -- Procedure. Within 60 days after the date of publication of the public notice required under § 74:29:10:05, the department…

Rule 74:29:10:09 Department determination on notice of intent to operate. 74:29:10:09. Department determination on notice of intent to operate. The department must determine that lands described in a notice of intent to operate are eligible for inclusion on the preliminary list o…

Rule 74:29:10:10 Notice of determination to operator and others. 74:29:10:10. Notice of determination to operator and others. 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…

Rule 74:29:10:11 Department determination -- Operator appeal. 74:29:10:11. Department determination -- Operator appeal. 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 de…

Rule 74:29:10:12 Nomination by others of lands described in notice of intent to operate. 74:29:10:12. Nomination by others of lands described in notice of intent to operate. Any citizen, organization, or agency may nominate lands described in a notice of intent to operate for inc…

Rule 74:29:10:13 Nominating petition -- Public hearing. 74:29:10:13. Nominating petition -- Public hearing. 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 a…

Rule 74:29:10:14 Nominating petition -- Burden of proof. 74:29:10:14. Nominating petition -- Burden of proof. 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 petiti…

Rule 74:29:10:15 Clearance. 74:29:10:15. Clearance. 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, exception…

Rule 74:29:10:16 Nominating petition for lands described in a notice of intent to operate -- Contents. 74:29:10:16. Nominating petition for lands described in a notice of intent to operate -- Contents. A petition to nominate lands for inclusion on the preliminary list of special,…

Rule 74:29:10:17 Establishment of initial preliminary list -- Board procedure. 74:29:10:17. Establishment of initial preliminary list -- Board procedure. The board shall establish an initial preliminary list of special, exceptional, critical, or unique lands in accordance with th…

Rule 74:29:10:18 Establishment of initial preliminary list -- Hearing procedures. 74:29:10:18. Establishment of initial preliminary list -- Hearing procedures. The following procedures apply to the hearing for establishing the initial preliminary list of special, exceptional, cri…

74:29:10:19. Board update of preliminary list. Following the establishment of the initial preliminary list, the board shall hold a hearing to consider any petition nominating lands for inclusion on the preliminary list. The board shall hold the hearing within one hundred twenty d…

Rule 74:29:10:20 Contents of nominating petition for preliminary list. 74:29:10:20. Contents of nominating petition for preliminary list. 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…

Rule 74:29:10:21 Preliminary list to be maintained by department. 74:29:10:21. Preliminary list to be maintained by department. The preliminary list of special, exceptional, critical, or unique lands and all nominating petitions or other evidence used to support the nomination of…

Rule 74:29:10:22 Petition to remove lands from preliminary list. 74:29:10:22. Petition to remove lands from preliminary list. Any person may petition the board to remove lands from the preliminary list by submitting a petition including the following information: (1) The name, ad…

Rule 74:29:10:23 Copies of petition to remove lands from preliminary list to be sent to others. 74:29:10:23. Copies of petition to remove lands from preliminary list to be sent to others. Within 10 days after receipt of a petition to remove lands from the preliminary list, the de…

Rule 74:29:10:24 Hearing on petition to remove lands from preliminary list. 74:29:10:24. Hearing on petition to remove lands from preliminary list. The board shall schedule a hearing on a petition to remove lands from the preliminary list for a date within 60 days after receipt o…

Rule 74:29:10:25 Final designation of lands on preliminary list. 74:29:10:25. Final designation of lands on preliminary list. During a hearing on a mining permit application that includes lands on the preliminary list, the board shall determine whether the lands are finally desig…

Rule 74:29:11:01 Application for in situ leach mine permit -- Contents. 74:29:11:01. Application for in situ leach mine permit -- Contents. 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…

Rule 74:29:11:01.01 Underground injection control -- Class III Well permit required for mine permit. 74:29:11:01.01. Underground injection control -- Class III Well permit required for mine permit. The board may not grant a permit for an in situ mining operation under chapter 74:…

Rule 74:29:11:02 Application content requirements -- Additional baseline information required. CHAPTER 74:29:11 74:29:11:02. Application content requirements -- Additional baseline information required. In addition to the requirements of §§ 74:29:02:07 and 74:29:02:11, the follow…

Rule 74:29:11:03 Application content requirements -- Mine operations plan. 74:29:11:03. Application content requirements -- Mine operations plan. All applications for an in situ leach mine permit shall include, at a minimum, the information and materials related to mine plans req…

Rule 74:29:11:04 Application content requirements -- Reclamation plan. CHAPTER 74:29:11 74:29:11:04. Application content requirements -- Reclamation plan. All procedurally complete applications for an in situ leach mine permit shall include, at a minimum, the information and mate…

Rule 74:29:11:05 Determination of ground water restoration demonstration. CHAPTER 74:29:11 74:29:11:05. Determination of ground water restoration demonstration. In deciding whether a demonstration has been made by the operator in accordance with subdivision 74:29:11:04(1), the de…

Rule 74:29:11:06 Ground water restoration table. 74:29:11:06. Ground water restoration table. 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 res…

Rule 74:29:11:07 Establishment of baseline water quality in new mining areas. 74:29:11:07. Establishment of baseline water quality in new mining areas. 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…

Rule 74:29:11:08 Technical revisions to an in situ leach mine permit. CHAPTER 74:29:11 74:29:11:08. Technical revisions to an in situ leach mine permit. The board, through permit conditions, may authorize the department to approve proposed technical revisions to the injection wel…

Rule 74:29:11:09 Designation of exempted aquifers. CHAPTER 74:29:11 74:29:11:09. Designation of exempted aquifers. 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 serv…

Rule 74:29:11:10 Injection wells subject to the provisions of this chapter. CHAPTER 74:29:11 74:29:11:10. Injection wells subject to the provisions of this chapter. An injection well for in situ leach mining shall comply with the provisions of this chapter. Source: 33 SDR 160, ef…

Rule 74:29:11:11 Well location and protection. CHAPTER 74:29:11 74:29:11:11. Well location and protection. 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 gr…

Rule 74:29:11:12 Well construction requirements. 74:29:11:12. Well construction requirements. 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 sit…

Rule 74:29:11:13 Well construction requirements -- Injection wells. 74:29:11:13. Well construction requirements -- Injection wells. The following construction requirements apply to injection wells and are in addition to the requirements listed in § 74:29:11:12: (1) Appropriate lo…

Rule 74:29:11:14 Minimum requirements for monitor wells. CHAPTER 74:29:11 74:29:11:14. Minimum requirements for monitor wells. In determining the number, location, construction and frequency of sampling of monitor wells, the following shall be considered: (1) Whether or not any p…

Rule 74:29:11:15 Disposal of drill cuttings. 74:29:11:15. Disposal of drill cuttings. The operator may dispose and bury drill cuttings in a pit at the well site, such as the mud pit used to circulate drilling fluids once the drilling operation has been completed, if the following…

Rule 74:29:11:16 Mechanical integrity testing of injection wells. 74:29:11:16. Mechanical integrity testing of injection wells. Before putting a new injection well into service, it must be subjected to mechanical integrity testing. A schedule and methods for mechanical integrity …

Rule 74:29:11:17 Supervision of well construction and testing. CHAPTER 74:29:11 74:29:11:17. Supervision of well construction and testing. All phases of well construction and testing shall be done under the supervision of a driller licensed pursuant to SDCL 46-6-9. Source: 33 SDR…

Rule 74:29:11:18 Requirements for plugging drill holes and repair, conversion, and plugging wells. 74:29:11:18. Requirements for plugging drill holes and repair, conversion, and plugging wells. The requirements for plugging drill holes and repair, conversion, and plugging of well…

Rule 74:29:11:19 Corrective actions for improperly sealed wells. CHAPTER 74:29:11 74:29:11:19. Corrective actions for improperly sealed wells. Corrective actions shall be done on wells that are improperly sealed, completed, or abandoned. The operator shall submit a corrective act…

Rule 74:29:11:20 Authorizing new injection wells within permit area boundary. CHAPTER 74:29:11 74:29:11:20. Authorizing new injection wells within permit area boundary. The board, through permit conditions, may authorize the department to approve proposed technical revisions, in …

Rule 74:29:11:21 Design and construction of in situ leach mine surface facilities. CHAPTER 74:29:11 74:29:11:21. Design and construction of in situ leach mine surface facilities. The permit application must provide conceptual plans and specifications for the in situ leach mine su…

Rule 74:29:11:22 Construction quality assurance plan. CHAPTER 74:29:11 74:29:11:22. Construction quality assurance plan. Before construction of mine facilities, the operator shall develop a construction quality assurance plan that addresses all aspects of facility construction. T…

Rule 74:29:11:23 Pond and surface impoundment design and construction requirements. CHAPTER 74:29:11 74:29:11:23. Pond and surface impoundment design and construction requirements. The following design and construction requirements apply to ponds and surface impoundments: (1) Gen…

Rule 74:29:11:24 Pipeline design and construction requirements. CHAPTER 74:29:11 74:29:11:24. Pipeline design and construction requirements. Pipeline systems must be constructed of materials that have the strength, thickness, and chemical properties needed to prevent failure due …