South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:29 - Mined land reclamation
Chapter 74:29:01 - Permit applications - Filing and review
Section 74:29:01:08 - Notice of filing

Universal Citation: SD Admin Rules 74:29:01:08
Current through Register Vol. 50, page 114, March 25, 2024

When the permit application is procedurally complete and is considered filed, the department shall provide the applicant with the notice of filing prescribed in SDCL 45-6B-16. Before the notice of filing is published, the applicant must file all additional information contained in its response to completeness deficiencies with the office of the register of deeds in the county in which the affected land is located. Proof of the filing with the register of deeds and an affidavit of publication of the notice of filing shall be transmitted to the department.

The department, at its own discretion and cost, may publish a notice of filing in newspapers throughout the state other than those prescribed by SDCL 45-6B-16.

The department shall provide a copy of the notice of filing to the board, to individuals on the interested persons mailing list, and to the county commission of a county containing affected land within 10 days after the filing of an application for a large-scale operation or 5 days after the filing of an application for a small-scale operation.

The notice of filing shall state the deadline for intervention in the application proceeding. The notice of filing shall include a statement that a permit will be issued if the application is uncontested and the department's recommendation is for approval or conditional approval. The approximate date of the issuance of the department's recommendation shall be included in the notice of filing.

General Authority: SDCL 45-6B-59, 45-6B-81.

Law Implemented: SDCL 45-6B-5, 45-6B-11, 45-6B-15, 45-6B-16, 45-6B-29.

Interested persons mailing list, § 74:29:01:05.

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