In addition to the general requirements in § 74:29:06:02, for future mineral exploration and development to be considered as an acceptable postmining land use, the applicant must provide evidence that a potential reserve tonnage exists that is equal to or greater than the estimated annual ore production tonnage from the mine. The applicant shall determine the average commodity price of the primary mineral to be mined for the preceding five-year period and prepare an economic study. The study, using current dollars, must be based on geologic evidence, the calculated maximum allowable cost of production, and production cost projections. Unique or rare occurrences of rocks, minerals, or fossils that are of outstanding scientific significance are not required to meet the definition of a potential reserve.

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

General Authority: SDCL 45-6B-81.

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