For all reclamation types the applicant must present a management plan for the purpose of determining the reclamation type that does the following:

1. (1) Demonstrates that the affected land has the capability of meeting reclamation criteria in chapter 74:29:07;
2. (2) Demonstrates that the postmining land use is compatible with surrounding land uses;
3. (3) Details support and maintenance activities required for successful implementation; and

4. (4) Includes assurance that the proposed postmining land use meets the following requirements:

   1. (a) Is obtainable according to data on expected need and market;
   2. (b) Is supported by commitments from public agencies where appropriate;
   3. (c) Is practicable on the basis of private financial capability for completion of the proposed operation;
   4. (d) Is planned pursuant to a schedule attached to the reclamation plan that integrates the mining operation and reclamation with the postmining land use;
   5. (e) Is consistent with existing state and local land use plans and programs; and
   6. (f) Is of a beneficial use.

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

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-44 , 45-6B-45.