Rule 74:29:07:14 Spoil.
Spoil on all affected land must meet the following general requirements:
where diversions are approved by the board, all spoil must be located to avoid
blocking intermittent or perennial drainages. Ephemeral drainages may be
blocked if the engineering and environmental methods used for dealing with
runoff control and sedimentation are approved by the
permanent spoil dumps are approved by the board, the board may require the
operator to demonstrate the long-term stability of the dumps through
geotechnical stability analyses conducted by a registered professional engineer
competent in the field of geotechnical analysis;
board may require the operator to analyze spoil material to determine if it will
be a source of water pollution. If the spoil material may be such a source the
operator must describe proposed procedures for mitigating the condition; and
spoil material that is determined to be toxic or acid-forming or that will
prevent reestablishment of vegetation on the reclaimed land surface must be
properly disposed of during the mining operation unless such materials occur
naturally on the land surface.
Source: 14 SDR 111, effective March 3, 1988.
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 45-6B-43, 45-6B-45.
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