South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:29 - Mined land reclamation
Chapter 74:29:03 - Permit amendments
Section 74:29:03:12 - Publication of notice of departmental recommendation - Contents of notice
Current through Register Vol. 50, page 114, March 25, 2024
The department shall publish a notice of departmental recommendation in a newspaper of general circulation in the locality of the mining operation once a week for two consecutive weeks, beginning not more than 45 days after filing. The notice must contain the following:
(1) The identity and address of the applicant;
(2) The applicant's registered agent, if applicable;
(3) The location of the mining operation;
(4) The primary mineral being mined;
(5) A brief description of the amendment application;
(6) The number of the permit being amended;
(7) The selected postmining land use of the affected land;
(8) The location where additional information about the permit amendment application may be obtained;
(9) The department's recommendation of board action on the amended application; and
(10) A statement indicating that petitions to initiate a contested case hearing pursuant to chapter 74:09:01 must be received by the department no later than 15 days following the final publication of the notice or the amendment application will be issued pursuant to the department's recommendation.
A copy of the notice of departmental recommendation shall be mailed by the department to the applicant at the same time it is mailed to the newspaper for publication.
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 45-6B-16, 45-6B-18.
