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

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

Section 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 disturbed. The board may authorize topsoil to remain on areas where minor disturbances associated with construction and installation activities will occur, such as light-use roads, signs, utility lines, fences, and monitoring stations, provided that the minor disturbances will not adversely affect the soil resource;

(2) Where long-term disturbances will occur, the board may authorize the temporary distribution of a portion of stockpiled topsoil or other suitable material to enhance stabilization of affected lands during periods of interim reclamation and temporary cessation of operations under the following conditions:

(a) The topsoil or subsoil capacity and productive capabilities are not diminished by the distribution or can be restored;

(b) The topsoil is protected from erosion; and

(c) The topsoil will be available for final reclamation;

(3) The board may require topsoil or other suitable material to be analyzed by the operator prior to replacement to determine if fertilizer or other soil amendments are necessary to establish and sustain the required vegetation;

(4) Topsoil stockpiles must be marked with legible signs containing letters not less than six inches high in sufficient locations to clearly identify stockpiles. Such signs must be in place from the time stockpiling begins;

(5) Topsoil or other suitable material shall be distributed as necessary to establish and sustain the required vegetation. The reclamation plan must contain an estimate of topsoil necessary to complete reclamation;

(6) If excess topsoil is present, the board may approve the use of the excess for reclamation purposes elsewhere;

(7) Trees, large rocks, and other waste material which may hinder redistribution of topsoil must be separated from the topsoil before stockpiling;

(8) If the amount of topsoil necessary for reclamation does not exist on the affected land, other suitable material such as subsoil may be used as a topsoil substitute if it can be demonstrated that the material is capable of establishing and sustaining the required vegetation. If other suitable materials are used in lieu of topsoil, they must be managed in accordance with all topsoil requirements in this section and with the following:

(a) Topsoil substitute stockpiles must be segregated from topsoil stockpiles and signed as substitute topsoil stockpiles; and

(b) In addition to soil analyses, the board may require test plots to determine the suitability of topsoil substitutes as a plant-growing medium.

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

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-40, 45-6B-45.