45-6B-23. Cash or securities in lieu of surety. In lieu of the required surety, the operator may deposit cash or government securities with the Board of Minerals and Environment in an amount equal to that of the required surety on the conditions prescribed in §45-6B-24. Source: SL 1982, ch 305, §23; SL 1987, ch 323, […]
45-6B-24. Surety payable to state–Conditions required. The surety required by §45-6B-20 shall be payable to the State of South Dakota and conditioned upon the operator’s faithful performance of all requirements of this chapter and compliance with the terms of the operating and reclamation plans approved by the Board of Minerals and Environment. If a corporate […]
45-6B-25. Surety liability continues until released. Liability of an operator under surety provisions shall continue until such time as released in part or in its entirety by the Board of Minerals and Environment. The surety may not be held more than twelve months after completion of reclamation. Source: SL 1982, ch 305, §25.
45-6B-26. Surety penalty–Amount. The penalty of the required surety shall be in an amount sufficient to cover the cost of reclamation as determined pursuant to §45-6B-21. Source: SL 1982, ch 305, §26.
45-6B-27. Surety penalty–Increase or reduction. The penalty of the surety shall from time to time be increased or reduced by the Board of Minerals and Environment so that the bond covers the cost of reclamation which would accrue to the state, if the state were required to reclaim the affected areas within the permit or […]
45-6B-28. Objections–Statements in support of application–Notice and hearing. Any person may file written objections to or statements in support of an application for a mining permit with the Board of Minerals and Environment. Such material shall be filed with the board not more than twenty days after the date of last publication of notice pursuant […]
45-6B-29. County request for hearing on application. The board of county commissioners of a county containing affected land may request that a hearing on the application for a mining permit be held in that county. Such request shall be filed with the Board of Minerals and Environment not more than twenty days after the date […]
45-6B-3. Definition of terms. Terms used in this chapter mean: (1)”Abandoned mined lands,” lands that were mined for noncoal minerals and materials and for which there is no continuing reclamation responsibility or responsibility for other remedial action under state or federal laws; (2)”Affected land,” land from which overburden is to be or has been removed […]
45-6B-30. Hearing on application–Time extension–Notice–Time for decision. Upon receipt of an application for a mining operation permit and all fees due from the applicant, the Board of Minerals and Environment shall set a date for the hearing on such application not more than ninety days after the date of filing. However, the board, on request […]
45-6B-31. Modification of application prior to hearing. Prior to the date set for the hearing on the application the applicant may, at the request of the Department of Agriculture and Natural Resources, modify the application or correct any errors. Source: SL 1982, ch 305, §31; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. […]
45-6B-32. Grant of permit if application in compliance with law–Grounds for denial. The Board of Minerals and Environment shall grant a permit to an operator if the application complies with the requirements of this chapter and all applicable local, state, and federal laws. The board may not deny a permit, except for one or more […]
45-6B-33. Unsuitable land–No permit issued. No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated: (1)Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasible; (2)Substantial disposition of sediment in stream or lake […]
45-6B-33.1. Socioeconomic impact study–Preparation at operator’s expense–Contents–Determination of sufficiency. Before making a determination pursuant to subdivision 45-6B-33(6), the board shall require the applicant to submit a socioeconomic impact study. The socioeconomic impact study shall be prepared at the operator’s expense by a contractor approved by the board. An applicant may request board approval of a […]
45-6B-33.2. Permit application for small-scale mining operation–Small-scale mining operation defined. The provisions of §45-6B-33.1 do not apply to any permit application for a small-scale mining operation. For purposes of this section, a small-scale mining operation is an operation which satisfies the criteria or definition of small-scale operation as set forth in any applicable county zoning […]
45-6B-33.3. Special, exceptional, critical, or unique land defined. For the purposes of §45-6B-33, land is special, exceptional, critical, or unique if it possesses one or more of the following characteristics: (1)The land is so ecologically fragile that, once it is adversely affected, it could not return to its former ecological role in the reasonably foreseeable […]
45-6B-33.4. Preliminary list of special, exceptional, critical, or unique lands–Application for classification. The board, after consultation with other concerned state agencies, shall establish a preliminary list of special, exceptional, critical, or unique lands in accordance with the provisions of §§45-6B-33 and 45-6B-33.3. In addition, any citizen, organization, or agency may make written application to the […]
45-6B-33.5. Alternative restrictions and limitations by board on special, exceptional, critical, or unique land. If land proposed to be affected by a mining operation includes land that is special, exceptional, critical, or unique and any adverse effects on such lands from the proposed mining operations cannot be satisfactorily mitigated, the board may find such land […]
45-6B-33.6. Determination of classification–Notice and grounds. Upon notification by any person contemplating the establishment of a mining operation, the department shall examine the lands to be affected by the proposed mining operation and determine whether such lands constitute special, exceptional, critical, or unique lands as defined in §45-6B-33.3. If the department determines that the lands […]
45-6B-33.7. Appeal of determination–Hearing–Notice. The applicant may appeal a determination under §45-6B-33.6 to the board by filing a petition for a contested case hearing pursuant to board rules promulgated pursuant to chapter 1-26 within seven days of receipt of the determination. The hearing on the appeal shall be confined to the determination of the land […]
45-6B-33.8. Underground mining allowed beneath special, exceptional, critical, or unique land. Underground mining and associated nondegrading surface disturbances may be allowed within and beneath land determined to be special, exceptional, critical, or unique provided the design and operating plans include provisions that eliminate any major surface disturbance that would severely affect the area or endanger […]
