Section 45-6B-1 – Citation of chapter.
45-6B-1. Citation of chapter. This chapter may be cited as the “South Dakota Mined Land Reclamation Act.” Source: SL 1982, ch 305, §1.
Section 45-6B-10 – Map of affected area.
45-6B-10. Map of affected area. The accurate map of the affected area shall: (1)Identify the area which corresponds with the application; (2)Show adjoining surface owners of record; (3)Be drawn to a scale of not more than one to twenty-five thousand. A standard agricultural stabilization and conservation service aerial photo map is sufficient to meet this […]
Section 45-6B-104 – New surface mining permits prohibited for private land in Spearfish Canyon.
45-6B-104. New surface mining permits prohibited for private land in Spearfish Canyon. The board may issue no new permit for any surface mining operation on private land in Spearfish Canyon. Source: SL 1995, ch 249, §1.
Section 45-6B-105 – Location of Spearfish Canyon.
45-6B-105. Location of Spearfish Canyon. For the purposes of §45-6B-104, Spearfish Canyon is the area located within Lawrence County that is described as follows: Quarter Section(s) Section Township Range N1/2NE1/4, SW1/4NE1/4, W1/2SE1/4NE1/4, N1/2NW1/4SE1/4, N1/2SE1/4NW1/4SE1/4, SW1/4NW1/4SE1/4, NW1/4SW1/4SE1/4, SW1/4, NE1/4NW1/4, S1/2NW1/4 27 6 NORTH 2 EAST S1/2SE1/4, S1/2NE1/4SE1/4 28 6 NORTH 2 EAST E1/2NE1/4, SE1/4, NE1/4NW1/4NE1/4, E1/2SW1/4NE1/4, […]
Section 45-6B-106 – Lake dredging activities license.
45-6B-106. Lake dredging activities license. An operator shall obtain a license to conduct lake dredging activities in accordance with the provisions of chapter 45-6, if soils, sediments, or organic materials are to be extracted for sale or for processing for sale as potting soil, soil material, soil amendment, or soil conditioner. If licensed under chapter […]
Section 45-6B-11 – Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks.
45-6B-11. Approval of reclamation plan by Department of Education and Department of Game, Fish and Parks. Within ten days of its receipt of a mining operation permit application, the Department of Agriculture and Natural Resources shall send copies of the reclamation plan to the Department of Education and the Department of Game, Fish and Parks. […]
Section 45-6B-12 – Consultation with surface owner–Instrument of consultation.
45-6B-12. Consultation with surface owner–Instrument of consultation. Before conducting a mining operation in the permit area, the applicant shall submit to the Board of Minerals and Environment an instrument of consultation from the surface landowner of the permit area, if different from the owner of the mineral interest. The instrument of consultation shall grant the […]
Section 45-6B-13 – Instrument of consultation not obtained–Hearing and order.
45-6B-13. Instrument of consultation not obtained–Hearing and order. If the instrument of consultation required by §45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds: (1)That the operating and reclamation plans have […]
Section 45-6B-14 – Fee for application.
45-6B-14. Fee for application. The application fee of one thousand dollars shall accompany the application. However, the application fee shall be fifty thousand dollars for a new large scale precious metal, coal, or uranium mine permit. The application fee for an amendment to an existing large scale precious metal, coal, or uranium mine permit shall […]
Section 45-6B-15 – Copy of application filed with department and register of deeds–Public inspection.
45-6B-15. Copy of application filed with department and register of deeds–Public inspection. Upon the filing of an application for a mining permit with the Board of Minerals and Environment, the applicant shall place a copy of such application for public inspection at the office of the Department of Agriculture and Natural Resources and at the […]
Section 45-6B-16 – Notice of application–Publication.
45-6B-16. Notice of application–Publication. The applicant shall cause notice of the filing of his application to be published in a newspaper of general circulation in the locality of the proposed mining operation once a week for two consecutive weeks, commencing not more than fifteen days after the filing of his application with the Board of […]
Section 45-6B-17 – Notice of application–Mailing to owners and lessees of surface rights.
45-6B-17. Notice of application–Mailing to owners and lessees of surface rights. In addition to the notice requirement of §45-6B-16, the applicant shall mail a copy of such notice immediately after first publication to all owners and lessees of the surface rights of the affected land if other than the mineral owner. Proof of such notice […]
Section 45-6B-18 – Amendment of permit and modifications of operating or reclamation plans–Application fees.
45-6B-18. Amendment of permit and modifications of operating or reclamation plans–Application fees. At the request of the operator, the Board of Minerals and Environment may issue an amendment to the original permit covering additional contiguous land or making minor modifications of the terms and conditions of the operating or reclamation plans. An application to amend […]
Section 45-6B-19 – Confidential information in application protected–Violation as misdemeanor.
45-6B-19. Confidential information in application protected–Violation as misdemeanor. Information provided to the state agencies in an application for a mining permit relating to the geologic data, size, extent, and economic value of a mineral deposit and information that may affect the competitive position of the applicant and marked confidential by the applicant shall be protected […]
Section 45-6B-2 – Legislative findings and policy.
45-6B-2. Legislative findings and policy. The relatively unknown and as yet largely undeveloped mineral resources of this state consist in major proportion of minerals below the surface. The development and extraction of these minerals by means of entry through the surface and the processing of such ores are necessary for the economic development of the […]
Section 45-6B-20 – Inspection of site prior to issuance of permit–Surety for reclamation costs required.
45-6B-20. Inspection of site prior to issuance of permit–Surety for reclamation costs required. Prior to the issuance of a mining permit the Board of Minerals and Environment shall cause an inspection to be made of the proposed mine site. Based upon this inspection, the criteria established in §45-6B-21, and the submitted reclamation plan, the board […]
Section 45-6B-20.1 – Board may require additional proof of financial assurance from certain operators–Content and amount–Factors for consideration.
45-6B-20.1. Board may require additional proof of financial assurance from certain operators–Content and amount–Factors for consideration. The board may require any operator whose mining operation employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore, in addition to the surety required by §45-6B-20, to file or deposit an additional […]
Section 45-6B-20.2 – Time for filing under 45-6B-20.1.
45-6B-20.2. Time for filing under 45-6B-20.1. The operator of any existing mining operation that employs cyanide leaching or any other chemical or biological leaching process to extract minerals from ore shall, if required by the board, file or deposit the proof of financial assurance with the board pursuant to §45-6B-20.1 within one hundred twenty days […]
Section 45-6B-21 – Criteria for determining amount and duration of surety.
45-6B-21. Criteria for determining amount and duration of surety. In determining the amount and duration of the surety to be required, the Board of Minerals and Environment shall consider factual information as to the magnitude, type, and costs of reclamation activities planned for the affected land and the nature, extent, and duration of the mining […]
Section 45-6B-22 – Surety bond–Surety other than bond–Considerations by board.
45-6B-22. Surety bond–Surety other than bond–Considerations by board. In determining whether the surety of an operator shall be guaranteed by a corporate surety bond and in determining the form of surety to be provided by the operator if other than a bond, the Board of Minerals and Environment shall consider, with respect to the operator, […]