The department shall publish a notice of departmental recommendation in a newspaper of general circulation in the locality of the mining operation once a week for two consecutive weeks, beginning not more than 45 days after filing. The notice must contain the following:

1. (1) The identity and address of the applicant;
2. (2) The applicant's registered agent, if applicable;
3. (3) The location of the mining operation;
4. (4) The primary mineral being mined;
5. (5) A brief description of the amendment application;
6. (6) The number of the permit being amended;
7. (7) The selected postmining land use of the affected land;
8. (8) The location where additional information about the permit amendment application may be obtained;
9. (9) The department's recommendation of board action on the amended application; and

10. (10) A statement indicating that petitions to initiate a contested case hearing pursuant to chapter 74:09:01 must be received by the department no later than 15 days following the final publication of the notice or the amendment application will be issued pursuant to the department's recommendation.

    A copy of the notice of departmental recommendation shall be mailed by the department to the applicant at the same time it is mailed to the newspaper for publication.

Source: 14 SDR 111, effective March 3, 1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-16 , 45-6B-18.