The operator shall obtain a permit from the Board of Minerals and Environment by filing an application with the board that shall set forth the following information:

(1) The address of the general office and the local address or addresses of the operator;

Terms Used In South Dakota Codified Laws 45-6B-54

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) The name of the owner of the surface of the affected land;

(3) The substance to be mined;

(4) The name of the owner of the substance to be mined;

(5) A map showing information sufficient to determine the location of the affected land on the ground and existing and proposed roads or access routes to be used in connection with the mining operation;

(6) The approximate size of the affected land;

(7) Information sufficient to describe or identify the type of mining operation proposed and how it would be conducted;

(8) A preliminary wildlife survey conducted by the Department of Game, Fish and Parks, paid for by the applicant, or conducted by a competent person approved of by the Department of Game, Fish and Parks. The cost of a survey conducted by the Department of Game, Fish and Parks may not exceed one hundred dollars. The operator shall abide by any reasonable restrictions subject to review and approval by the board at the request of the operator concerning riparian habitat or threatened or endangered species as notified by that department. Restrictions concerning riparian habitat for mining operation activities are limited to such habitat located within one hundred feet of each stream bank. Further, restrictions concerning riparian habitat may include temporarily diverting the stream flow, bank restoration, and revegetation of the riparian habitat area;

(9) The measures to be taken to comply with the operating and reclamation requirements of §§ 45-6B-37 to 45-6B-46, inclusive; and

(10) The written consent, duly acknowledged, of the applicant and such other persons, if any, necessary to grant access to the board or its agents to the area under application from the date of the application and during the life of the permit as is necessary to assure compliance with the provisions of this chapter or any rule, order, or decision promulgated hereunder.

Source: SL 1982, ch 305, § 54.

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