South Dakota § 45-6B-33 Unsuitable land--No permit issued.

South Dakota Statutes

§ 45-6B-33 — Unsuitable land--No permit issued.

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

No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated:

(1)Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasible;

(2)Substantial disposition of sediment in stream or lake beds, landslides, or water pollution cannot feasibly be prevented;

(3)The land to be affected by a proposed mining operation includes land that is special, exceptional, critical, or unique as defined in § 45-6B-33.3 and satisfactory mitigation is not possible;

(4)The proposed mining operation will result in the loss or reduction of long - range productivity of aquifer, public and domestic water wells, watershed lands, aquifer recharge area

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No permit may be issued for a mining operation proposed on unsuitable land. Land is unsuitable if the following conditions cannot be satisfactorily mitigated: (1) Reclamation of the affected land pursuant to the requirements of this chapter is not physically or economically feasible; (2) Substantial disposition of sediment in stream or lake beds, landslides, or water pollution cannot feasibly be prevented; (3) The land to be affected by a proposed mining operation includes land that is special, exceptional, critical, or unique as defined in § 45-6B-33.3 and satisfactory mitigation is not possible; (4) The proposed mining operation will result in the loss or reduction of long - range productivity of aquifer, public and domestic water wells, watershed lands, aquifer recharge areas, or significant agricultural areas; (5) The biological productivity of the land is such that the loss would jeopardize threatened or endangered species of wildlife indigenous to the area; or (6) The board finds that any probable adverse socioeconomic impacts of the proposed mining operation outweigh the probable beneficial impacts of the operation.

South Dakota § 45-6B-33 (Unsuitable land--No permit issued.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.