Changes to Existing Law

45-6-68. The operator shall must publish notice of each mine mining operation once in a newspaper of general circulation in the locality of the operation operation, at least fourteen days before the commencement of mining. mining, if the operation will affect an area of ten acres or less, or will annually extract less than twenty-five thousand tons of material. If the operation will affect an area greater than ten acres, or annually extract at least twenty-five thousand tons of material, the operator must publish notice of each mine operation at least three times in a newspaper of general circulation in the locality of the operation. The first notice must be published no sooner than one hundred eighty days before the commencement of the mining operation. The second notice must be published at least ninety days before the commencement of the mining operation. The third notice must be published at least thirty days before the commencement of the mining operation. The notice shall contain the must: (1) State the identity and address of the operator and resident agent, the; (2) State the location of the mining operation, whether; (3) State whether the mineral to be mined is sand, gravel, or rock to be crushed and used in construction, the ; (4) State whether the mining operation is to involve the use of explosives; (5) Include any plans to mitigate dust, stormwater runoff, and noise from the operation; (6) State the dates of commencement and completion of the operation, the the; (7) Describe any proposed future use of the affected land land; and the location (8) Indicate where additional information about the operation may be obtained.

45-6-69. The operator of a mining operation that affects an area of ten acres or less, or extracts less than twenty-five thousand tons of material, shall submit notification, consisting of forward all information required in § 45-6-68, together with a map of the affected area and the information required in the newspaper notice to the South Dakota Dakota, to the persons listed in this section at least fourteen days before the commencement of mining. The operator of a mining operation that affects an area greater than ten acres, or annually extracts at least twenty-five thousand tons of material, shall forward all information required in § 45-6-68, together with a map of the affected area, to the persons listed in this section at least ninety days before the commencement of mining. The information must be forwarded to: (1) The Department of Agriculture and Natural Resources, the South Dakota Dakota; (2) The Department of Game, Fish and Parks, the South Dakota Dakota; (3) The Department of Education, and the local conservation district, of the operator's intent to commence mining at a new mine site at least thirty days before beginning mining operations. operations; (4) The conservation district within which the mining site is located; (5) Any individual who lives within a two-mile radius of the center of the mine site and who can be reached by direct mail; (6) The board of commissioners for the county in which the proposed mining operation is located; (7) The governing board of any municipality located within ten miles of the site of the proposed mining operation; (8) Any broadcast media located in the county where the proposed mining operation is located; and (9) Any statewide public notice website maintained by a media organization in this state. 28

Emergency waiver of notice requirements. 45-6-70. When an emergency situation exists and when in the public interest, the secretary of agriculture and natural resources may waive the minimum fourteen-day 31 advertising requirements and thirty-day notice requirement of §§ time period applicable 32 to the publication of notices under § 45-6-68 and the dissemination of information under § 45-6-69. 2