Rule 74:29:07:24 Industrial use.
74:29:07:24. Industrial use.
The following requirements apply to industrial use as an approved postmining
applicant must identify the type of industry which will be located at the site
and must demonstrate or address the following to the satisfaction of the board:
existence of a market or need for the proposed type of industry;
availability of electricity, water, phone services, sewage and waste disposal,
and other support services necessary for the establishment of the proposed type
to the site, maintenance of access, and traffic control;
source, suitability, and quantity of water available for industrial and potable
industry's legal right to inhabit the land;
geotechnical feasibility of establishing an industrial site; and
prior approval of the city or county planning and zoning commissions or other
city or county authorities. The board may not allow industrial sites as a type
of reclamation without prior local approval;
reclamation plan must provide for an alternative postmining land use in the
event that the proposed type of industry is not feasible;
vegetative cover sufficient to control erosion must be established as soon as
practicable following cessation of operations on affected land designated for
industrial 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; and
is complete when a vegetative cover sufficient to control erosion has been established
over all affected land not being developed for industrial use and the incoming
industry has firmly established itself at the site. If the alternative
postmining land use reclamation plan is implemented, surety release criteria
appropriate to that type of reclamation apply.
Source: 14 SDR 111, effective March 3, 1988.
General Authority: SDCL 45-6B-81.
Law Implemented: SDCL 45-6B-7, 45-6B-25, 45-6B-37 to 45-6B-45.
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