74:29:07:24.  Industrial use. The following requirements apply to industrial use as an approved postmining land use:

          (1)  The 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:

               (a)  The existence of a market or need for the proposed type of industry;

               (b)  The availability of electricity, water, phone services, sewage and waste disposal, and other support services necessary for the establishment of the proposed type of industry;

               (c)  Access to the site, maintenance of access, and traffic control;

               (d)  The source, suitability, and quantity of water available for industrial and potable uses;

               (e)  The industry's legal right to inhabit the land;

               (f)  The geotechnical feasibility of establishing an industrial site; and

               (g)  The 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;

          (2)  The reclamation plan must provide for an alternative postmining land use in the event that the proposed type of industry is not feasible;

          (3)  A 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

          (4)  Reclamation 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.