South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:29 - Mined land reclamation
Chapter 74:29:07 - Minimum reclamation standards
Section 74:29:07:25 - Homesites
Current through Register Vol. 50, page 114, March 25, 2024
The following requirements apply to homesites as an approved postmining land use:
(1) The applicant must demonstrate or address the following to the satisfaction of the board:
(2) The reclamation plan must provide for an alternative postmining land use in the event that the proposed homesites are not feasible;
(3) A vegetative cover sufficient to control erosion must be established as soon as possible following suspension of operations on affected land designated for homesite reclamation if the development and associated earth work will not begin within one year following cessation of operations. If the affected land is not developed within three years, the operator must implement the alternative postmining land use reclamation plan unless the board approves a time extension. On affected lands designated for homesite reclamation, slopes may not exceed those considered by the board to be practical for housing development; and
(4) Reclamation is complete when a vegetative cover sufficient to control erosion has been established over all affected land not presently being developed for homesites and at least 25 percent of the land designated for homesite development is developed or in the process of being developed for homesites. If the alternative postmining land use reclamation plan is implemented, surety release criteria appropriate to that type of reclamation apply.
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 45-6B-7, 45-6B-25, 45-6B-37 to 45-6B-45.