S.D. Admin. R. 74:29:07:25

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

Section 74:29:07:25 - Homesites

The following requirements apply to homesites as an approved postmining land use:

(1) The applicant must demonstrate or address the following to the satisfaction of the board:

(a) The suitability to the affected land for residences being established;

(b) The availability of electricity, water, phone service, sewage and waste disposal, and other support services necessary for permanent occupancy;

(c) Access to the site, maintenance of access, and traffic control;

(d) The source, suitability, and quantity of water available for domestic use;

(e) The geotechnical feasibility of establishing homesites;

(f) The prior approval of city or county planning and zoning commissions or other city or county authorities. The board may not allow homesites as a type of reclamation without prior local approval; and

(g) The potential effect on the health and well-being of the occupants of areas formerly used for disposal of tailings, hazardous or toxic wastes, sewage, rubbish, or other potentially harmful materials;

(2) The reclamation plan must provide for an alternative postmining land use in the event that the proposed homesites are not feasible;

(3) A vegetative cover sufficient to control erosion must be established as soon as possible following suspension of operations on affected land designated for homesite reclamation if the development and associated earth work will not begin within one year following cessation of operations. If the affected land is not developed within three years, the operator must implement the alternative postmining land use reclamation plan unless the board approves a time extension. On affected lands designated for homesite reclamation, slopes may not exceed those considered by the board to be practical for housing development; and

(4) Reclamation is complete when a vegetative cover sufficient to control erosion has been established over all affected land not presently being developed for homesites and at least 25 percent of the land designated for homesite development is developed or in the process of being developed for homesites. If the alternative postmining land use reclamation plan is implemented, surety release criteria appropriate to that type of reclamation apply.

S.D. Admin. R. 74:29:07:25

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-7, 45-6B-25, 45-6B-37 to 45-6B-45.