S.D. Admin. R. 74:29:07:26

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

Section 74:29:07:26 - Future mineral exploration or development

The following requirements apply to future mineral exploration or development as an approved postmining land use:

(1) The applicant must identify the following:

(a) Plans for the future mineral exploration and mineral development being proposed, including the information required by § 74:29:06:03; and

(b) Affected lands which must remain in an unreclaimed state to provide access to or development of the potential reserve;

(2) Final reclamation of affected lands not required for the future mineral exploration and development being proposed must be conducted;

(3) The reclamation plan must provide for an alternative postmining land use in the event that the future mineral exploration and development proposed does not occur within the time limits specified in this section;

(4) Interim reclamation consistent with the requirements of § 74:29:08:02 must be conducted on all affected land designated for future mineral exploration and development if mining will not begin within one year following cessation of mining operations. In addition, the following measures must be taken:

(a) Shafts, portals, adits, or other underground mine entrances must be covered or secured and all trenches and small excavations must be backfilled or covered to minimize safety hazards; and

(b) Access must be limited by maintaining site security, establishing locked gates, and other measures;

(5) If the affected land designated for future mineral exploration and development is not developed within three years following the cessation of mining, the operator must implement the alternative postmining land use reclamation plan. The board may extend this time period if justification is provided by the operator; and

(6) Reclamation is complete when affected land to be used for future mineral exploration and development is repermitted and covered by a reclamation surety or, if the alternative postmining land use reclamation plan is implemented, reclamation is completed in accordance with criteria appropriate to that reclamation type.

S.D. Admin. R. 74:29:07:26

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.