S.D. Admin. R. 74:29:07:27

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

Section 74:29:07:27 - Permanent surface impoundment

The following requirements apply to a permanent surface impoundment as an approved postmining land use:

(1) Dams must be designed to contain and, if necessary, pass the design precipitation event. All dam designs must be reviewed and approved by the division of water rights;

(2) If necessary to prevent failure, dams must contain an overflow notch and spillway. Overflow notches and spillways must be riprapped with rock, concrete, or other suitable materials to prevent erosion;

(3) Slopes around surface impoundments, unless otherwise approved by the board, may not exceed two to one, except from five to ten feet below the expected water line where slopes may not exceed three to one. If a swimming area is proposed, the slope, unless otherwise approved by the board, may be no steeper than five to one throughout the area proposed for swimming. All slopes around surface impoundments must be graded and contoured to minimize hazards to humans, livestock, and wildlife;

(4) The board may require the operator to determine if sources of water contamination within the impoundment exist. Such sources must be treated to prevent contamination of the impounded water;

(5) Surface impoundments intended for use as recreational fisheries or recreation areas must meet the applicable requirements of § 74:29:07:23; and

(6) Reclamation is complete when the intended use of the surface impoundment has been attained and all other requirements of the reclamation plan have been met.

S.D. Admin. R. 74:29:07:27

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.