S.D. Admin. R. 74:29:07:04

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

Section 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 following requirements:

(a) Be visually and functionally compatible with the configuration of the surrounding area;

(b) Be suitable for the postmining land use;

(c) Be structurally stable; and

(d) For fill slopes or other slopes composed of unconsolidated material, not exceed the angle of repose;

(2) All grading, backfilling, and topographic reconstruction must control erosion and sedimentation, protect areas outside the affected land from slides or other damage, and minimize the need for long-term maintenance. Erosion control measures must be implemented during all phases of construction, operation, reclamation, and closure. Detailed plans indicating dimensions, location, spacing, and design of erosion control techniques are required;

(3) All grading, backfilling, and topographic reconstruction must be completed as soon as feasible after mining ceases. The operator shall establish reasonable timetables consistent with good mining and reclamation practices;

(4) Depressions for the accumulation of water are not allowed unless they are consistent with the approved postmining land use;

(5) Original drainage must be preserved as much as possible. Alternative drainage may be approved by the board if it is functionally compatible with and complements the prevailing hydrologic balance of the surrounding area;

(6) When highwall reduction or elimination is not proposed, the applicant must provide justification demonstrating that such reduction or elimination is impossible, impractical, or aesthetically undesirable. If they are not eliminated, all highwalls must be stabilized; and

(7) Landforms created as the result of grading, backfilling, or topographic reconstruction of the affected land must blend in with and complement the visual continuity of the surrounding area. Mitigation techniques such as land shaping, rock sculpting, or visual screening may be used to minimize negative visual impacts.

S.D. Admin. R. 74:29:07:04

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-37, 45-6B-45.