South Dakota § 45-6B-13 Instrument of consultation not obtained--Hearing and order.

South Dakota Statutes

§ 45-6B-13 — Instrument of consultation not obtained--Hearing and order.

South Dakota·Title 45 MINING, OIL AND GAS·Ch. 45-6A MINED LAND RECLAMATION

If the instrument of consultation required by § 45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds:

(1)That the operating and reclamation plans have been submitted to the surface landowner as provided in § 45-6B-12 ;

(2)That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and (3) The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.

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If the instrument of consultation required by § 45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds: (1) That the operating and reclamation plans have been submitted to the surface landowner as provided in § 45-6B-12 ; (2) That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and (3) The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.

South Dakota § 45-6B-13 (Instrument of consultation not obtained--Hearing and order.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.