ARSD 74:29:03:16. Technical revisions to mining operation permits

The board, through permit conditions, may authorize the department to approve proposed technical revisions to a mining operation without the requirement of permit amendment. Such technical revisions include the following: (1) Monitoring plans or parameters; (2) Plans and specifications for permitted facilities; (3) Seeding mixtures or rates; (4) Relocation of proposed roads within permitted affected land; (5) Relocation of chemical or petroleum product storage areas; (6) Modification or relocation of erosion, sedimentation, or drainage control; (7) Compliance limits for chemical parameters; (8) Quality control and quality assurance plans; (9) Topsoil stripping or storage; and (10) Adding contiguous affected land within the permit area when the total of such additions does not exceed 20 percent of the originally permitted affected land area. Technical revisions must comply with § 74:29:03:03, as applicable, and must be submitted to the department in writing. The department shall either approve, disapprove, conditionally approve, or request additional information within 30 days after receipt. The applicant or an interested person may appeal the decision of the department to the board by petitioning for a contested case hearing pursuant to chapter 74:09:01. All technical revisions authorized by the department shall be recorded on a list which is kept updated and which is readily available for public inspection. A copy of the list shall be provided to anyone upon request.