§ 158.274  MINERAL EXPLORATION AND DEVELOPMENT.
   The regulations regarding mineral exploration and development shall be as follows.
   (a)   Exploration for minerals may be approved by conditional use permit only as long as the following minimum requirements are met.
      (1)   The applicant shall provide:
         A.   A description of the mineral or minerals which are the subject of the exploration;
         B.   Maps showing the general area within which the exploration operation will be conducted;
         C.   A detailed description of the regional environmental conditions, to include surface land use and vegetation, as well as a detailed description of the area’s geologic formations and hydrology from the best available scientific sources;
         D.   Maps indicating the location of the drill sites to the nearest section of land, a technical description of the exploration process, the types of equipment to be used and the estimated time table for each phase of work and for final completion of the program;
         E.   A description of the major environmental impacts upon air quality, water quality and quantity and land use modification presented by the proposed exploration;
         F.   A description of the proposed plan to address the identified environmental impacts to include all measures to be taken to prevent soil erosion, water contamination, air contamination, disruption of the areas ecological balance, and any other related hazard to public health and safety;
         G.   A plan for reclamation of the land to its original condition after exploration is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources and the proposed future use of the lands explored and adjacent lands. The reclamation plans include:
            1.   Reclamation schedule;
            2.   Methods of plugging drill holes;
            3.   Methods of severing and returning topsoil and subsoil;
            4.   Methods of grading, backfilling and contouring of exploration sites and access roads;
            5.   Methods of waste management and disposal, including liquid and solid wastes; and
            6.   Methods of revegetation.
         H.   A surety performance bond in an amount to be determined by the city council and board of county commissioners to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of the affected ground and surface waters. The amount shall be set by the city council and board of county commissioners based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after exploration has ceased unless the governing bodies find for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the surety bond may be reduced by the governing bodies, if a bond is held by the State of South Dakota for the same purpose, by the same amount of the latter bond.
      (2)   The applicant shall identify specific phases when monitoring and inspection of the exploration activities shall be conducted by city, county, state, federal or independent personnel to assure compliance with all applicable rules and regulations. If a conditional use permit is granted, the permit shall identify the inspection agency and it shall be the responsibility of the applicant to notify the agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the governing bodies.
      (3)   A conditional use permit shall be issued only after all of the conditions specified herein have been met. Evidence of violation of the regulations, including but not limited to air and water contamination, shall be cause for an immediate cessation of exploration activities.
   (b)   Mineral extraction and/or mining may be approved by conditional use permit only as long as the following minimum requirements are met.
      (1)   The applicant shall provide:
         A.   A description of the mineral or minerals to be mined or milled;
         B.   Maps showing the area within which the mining or milling operations will be conducted;
         C.   A description of the surface land use and vegetation, as well as a description of the nature and depth of the top soil and subsoil;
         D.   An environmental assessment which establishes base line conditions for radioactive intoxicant materials and air, ground and surface waters, soils, vegetation and animals;
         E.   A description of the overburden, mineral seams and other geologic formations, their conductivities and hydraulic gradients, known to exist above the deepest projected depth of the mining operation;
         F.   A description of the hydrology to the deepest projected depth of the mining operation, including mapping of the depth, water table level, extent and flow characteristics of groundwater and aquifers for the hydrologic regime of the groundwater and drainage basins affected by the mining or milling operation;
         G.   A technical description of the mining or milling, types of equipment to be used, detailed site plan of all anticipated construction, an estimated timetable for each phase of work and for final completion of the program, a statement of source, quality and quantity of water to be used in the mining or milling operations, as well as the chemical and radioactive characteristics of all mined or milled products, waste products and emissions to the environment;
         H.   A description of the major environmental impacts upon air quality, water quality and quantity and land use modification presented by the mining or milling operations;
         I.   A description of the proposed plan to address the identified environmental impacts to include:
            1.   Methods of separating the topsoil, subsoil and soil piles, protecting them from erosion before reclamation begins, and keeping the topsoil free from acid or toxic materials;
            2.   Plan for ensuring that acid forming or toxic materials constituting a hazard uncovered or created during mining or milling are promptly treated in a manner to prevent water and air contamination;
            3.   Measures to maintain the quantity and quality of ground and surface water, hydrologic balance, productivity of farmland and soil and water recharge capacity; and
            4.   Procedures to prevent water and air contamination through radioactive or toxic seepage of runoff from tailings, ponds, mine wastes, mine dewatering discharge or other mining and milling related operations.
         J.   A plan for the reclamation of the land after mining is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources, and the proposed future use of the lands mined and adjacent lands, and shall include:
            1.   A reclamation schedule;
            2.   Methods of grading, backfilling and contouring of disturbed areas and access roads;
            3.   Methods of waste management and disposal, including liquid and solid wastes; and
            4.   Methods of revegetation.
         K.   A surety performance bond in an amount to be determined by the city council and board of county commissioners to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of affected ground and surface waters. The amount shall be set by the city council and board of county commissioners based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after mining and milling has ceased unless the governing bodies find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the bond may be reduced by the commissioners if a bond is held by the state for the same purpose, by the same amount of the latter bond.
      (2)   The applicant shall identify specific phases when monitoring and inspection of the mining and milling process shall be conducted by city, county, state, federal or independent personnel to assure compliance with all applicable rules and regulations. If the conditional use permit is granted, the permit shall identify the inspection agency and it shall be the responsibility of the applicant to notify the agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the governing bodies.
      (3)   A conditional use permit shall be issued only after all conditions specified therein have been met. Evidence of violation of the regulations, including, but not limited to, air and water contamination, shall be cause for an immediate cessation of the mining and milling.
   (c)   Solution mining and/or in situ mining of an ore body with the circulation of chemicals through injection and recovery wells for minerals is prohibited.
(1992 Code, App. F, § 15.05)  (Ord. 10-06, passed 1-23-2006)