S.D. Admin. R. 74:29:07:12

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

Section 74:29:07:12 - Roads and railroad spurs

Constructed or upgraded roads and railroad spurs are affected land from the location where they provide exclusive service to the mining operation and must be covered by the reclamation bond. They must meet the following general requirements:

(1) When feasible, roads and railroad spurs must not be constructed within riparian zones;

(2) Roads within riparian zones must be constructed so that negative effects on streams are minimized;

(3) Roads or railroad spurs within the riparian zone of a coldwater permanent fishery designated pursuant to chapter 74:51:02 or 74:51:03 may be subject to the requirements of §§ 74:29:07:29 to 74:29:07:32, inclusive.

(4) Streams must be crossed at or near right angles unless contouring down to the stream bed will result in less potential stream bank erosion. Ford entrances and exits must be constructed to minimize erosion and prevent water from flowing down the roadway;

(5) Drainage control structures must be used as necessary to control runoff and to minimize erosion, sedimentation and flooding. When used, drainage control structures must be installed as road construction progresses;

(6) Culverts must be installed at prominent drainage ways. Culverts must be protected from erosion by rock, concrete, riprap, or other approved means. Culverts and drainage pipes must be constructed and maintained to avoid plugging, collapsing, or erosion at inlets and outlets;

(7) Trees and vegetation may be cleared only to the width necessary to maintain slope stability and to serve traffic needs;

(8) Access and haul road drainage structures must be routinely maintained;

(9) Other transport facilities and utilities must be constructed and maintained to control degradation of water quality and quantity; and

(10) An applicant may request in writing to the board that a road or railroad spur be permitted to remain unreclaimed if the surface landowner or a local, state, or federal agency has requested that the road or spur remain unreclaimed and agrees to be responsible for future maintenance. The operator must furnish proof of such a request. No surety is required for reclamation of such a road or spur and reclamation of the road or spur is not required if the request is approved by the board.

S.D. Admin. R. 74:29:07:12

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-41, 45-6B-45.