A prospective operator that submits a notice of intent to operate to the department must publish in a newspaper of general circulation within the county of the proposed mining operation a public notice containing the following information:

1. (1) The name, address, and phone number of the operator;
2. (2) The legal description of the area of the proposed mining operation;
3. (3) A general description of the type of mining operation proposed;
4. (4) A statement indicating that the operator has submitted a notice of intent to operate to the department for purposes of determining whether the lands potentially affected by the proposed mining operation are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands; and

5. (5) A statement indicating that any citizen, organization, or agency may nominate lands described in the notice of intent to operate for inclusion on the preliminary list of special, exceptional, critical, or unique lands by submitting a nominating petition to the department complying with the requirements of § 74:29:10:16 within 60 days after the publication date of the notice.

   A copy of the public notice and proof of publication must be submitted to the department.

Source: 17 SDR 86, effective December 25, 1990.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-33.6.