To minimize disturbances to the prevailing hydrologic balance of the affected land and adverse effects on the quality and quantity of surface water and groundwater, both during and after the mining operation and during reclamation, the following requirements must be met:

1. (1) South Dakota water rights laws and regulations must be complied with;
2. (2) South Dakota water quality laws and regulations must be complied with;
3. (3) Dredge and fill laws in sections 401 and 404 of the Federal Clean Water Act as they existed on February 1, 1987, must be complied with;
4. (4) Temporary or large sedimentation, erosion, or drainage control structures must be removed after affected lands have been vegetated and stabilized, if required by the reclamation plan;
5. (5) Permanent diversion structures must be designed not to erode during the passage of the approved design precipitation event; and

6. (6) Unchannelized surface water must be diverted around the operation as necessary to minimize pollution and erosion and to protect the operation and downstream water users who have prior water rights.

   Cross-References: Water rights statutes and rules, SDCL 1-40-15 to 1-40-20, 43-17, 46-1 to 46-10A, and art 74:02; Water quality statutes and rules, SDCL 34A-2 and 34A-3A and arts 74:51, 74:52, and 74:54.

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

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-41 , 45-6B-45.