S.D. Admin. R. 74:29:06:02

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

Section 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 does the following:

(1) Demonstrates that the affected land has the capability of meeting reclamation criteria in chapter 74:29:07;

(2) Demonstrates that the postmining land use is compatible with surrounding land uses;

(3) Details support and maintenance activities required for successful implementation; and

(4) Includes assurance that the proposed postmining land use meets the following requirements:

(a) Is obtainable according to data on expected need and market;

(b) Is supported by commitments from public agencies where appropriate;

(c) Is practicable on the basis of private financial capability for completion of the proposed operation;

(d) Is planned pursuant to a schedule attached to the reclamation plan that integrates the mining operation and reclamation with the postmining land use;

(e) Is consistent with existing state and local land use plans and programs; and

(f) Is of a beneficial use.

S.D. Admin. R. 74:29:06:02

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-44, 45-6B-45.