S.D. Admin. R. 74:29:03:12

Current through Register Vol. 51, page 67, December 16, 2024

Section 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 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.

S.D. Admin. R. 74:29:03:12

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-16, 45-6B-18.