74:55:01:26. Information required in permit application.
The permit application shall include, but not be limited to, a technical report
which includes the following:
(1) A physical description
and analysis of the region and site, contour (topographic) maps that accurately
locate and identify the permit area and show the location of any public
highways, tribal reservation boundaries, dwellings, utilities, and easements
within the permit area and adjacent lands in relation to all proposed affected
lands and proposed activities associated with the in situ leach operation,
including all processing facilities, chemical storage areas, production areas,
and roads. The map shall also clearly illustrate the location of monitoring
wells;
(2) A description of the
local on-site geology and the regional geology in areas determined to be
relevant by the secretary;
(3) A hydrogeologic
description of the production zone;
(4) A description of the
essential well drilling features for injection, recovery, and monitor wells and
a plugging plan;
(5) Climatic data,
including source and location of data;
(6) A list and map of all
adjudicated and permitted surface and ground water rights;
(7) A list and map of all
known existing water wells, producing wells, injection wells, abandoned wells,
and exploration holes, giving location, depth, producing intervals, type of
use, condition of casing, plugging procedures and date of completion for each
well or drill hole within the permit area and on adjacent lands to the extent
such information is available in public records and from a reasonable
inspection of the property;
(8) Current land use and
zoning within a one-mile radius of the mine permit boundary;
(9) A list of occupied
dwellings within a one-mile radius of the mine permit boundary;
(10) A site monitoring plan
to include:
(a) Ground water
quality for both production zones and nonproduction zones;
(b) Requirements for
water quality sampling and analysis to include:
(i) A
description of, or reference for, the procedures and methods used for sample
collection, preservation, quality control, and detection levels;
(ii) The
name, address, and telephone number of the laboratory performing the analyses,
and the laboratory identification number; and
(iii) Signatures
of the laboratory manager or technician performing the analyses;
(11) A description of the
proposed method of operation, including:
(a) Injection rate,
with the average and maximum daily rate and the volume of fluid to be injected;
(b) A description of
the proposed mining injection solution and the chemical reactions that may
occur during in situ leach operations mining as a result of injection of the
mining solution;
(c) Proposed injection
procedure;
(12) Discussion and
illustration of the estimated injection schedule, including:
(a) A map showing the
wellfields and proposed sequence for injection into the wellfields;
(b) An estimated time
schedule for injection into each wellfield;
(c) Expected changes
in pressure, native ground water displacement, and direction of movement of
mining solution;
(d) The procedures to
ensure that the installation of recovery, injection, and monitor wells will not
result in hydraulic communication between the production zone and overlying or
underlying stratigraphic horizons;
(e) The procedures
used to verify that the injection and production wells are in communication
with monitor wells completed in the receiving strata and employed for the
purpose of detecting excursions;
(f) A subsidence
analysis, using established geotechnical principles, that estimates, based upon
the proposed in situ leach operation, the effect of subsidence upon overlying
aquifers;
(g) A spill
contingency plan to include reporting, response, assessment, and remedial
actions;
(13) For uranium in situ
leach mines, site-specific background radiological data including the results
of measurements of radioactive materials occurring in important species, soil,
air, and in surface and ground waters that could be affected by the proposed
operations;
(14) A description of
measures employed to prevent an excursion, and in the event of an excursion,
the plans to report or to verify the excursion, and plans for remedial action
in accordance with §§ 74:55:01:52 to 74:55:01:53.02, inclusive;
(15) An assessment of
impacts that may reasonably be expected as a result of the mining operation to
water resources and water rights inside the permit area and on adjacent lands,
and the steps that will be taken to mitigate these impacts;
(16) A well maintenance
plan to ensure:
(a) Wells are
sufficiently covered to protect against entrance of undesirable material into
the well;
(b) The wells are
marked and can be clearly seen;
(c) The area surrounding
each well is kept clear of brush or debris; and
(d) Monitoring
equipment is appropriately serviced and maintained so monitoring requirements
can be met;
(17) To the extent that
existing information or data is available, a determination of whether existing
water wells, former producing wells, former injection wells, former monitor
wells, abandoned wells, and exploration holes in the proposed production area
have been appropriately plugged, and if not, a plan for re-plugging these
wells;
(18) The proposed methods
to restore ground water quality, based on the geochemistry of the production
zone and the chemistry of the injection solutions, to include:
(a) A proposed
restoration table for all ground water quality restoration values;
(b) An estimated time
schedule for achieving ground water restoration, to be carried to completion
within five years in accordance with applicable restoration tables;
(19) A plan for the
disposal of drill cuttings;
(20) Estimated costs for:
(a) Ground water
reclamation as computed in accordance with established engineering principles,
including:
(i) Facilities,
materials, and chemicals used for ground water restoration;
(ii) Ground
water restoration in the production zone:
(iii) Water
treatment;
(iv) Capping,
plugging, and sealing of all wells;
(v) Personnel
working on reclamation-related activities; and
(vi) Collecting
and analyzing samples from surface and ground water monitoring sites.
The secretary shall require pre-submission
meetings to discuss the procedures for baseline data and site characterization;
and
(21) Contingency plans to
cope with all shut-ins and well failures so as to prevent the migration of
mining solution into underground sources of drinking water.
Source:
8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July
1, 1987; transferred from § 74:03:11:26, July 1, 1996; 34 SDR 279,
effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
References:
U.S Geological Survey, National Field
Manual for the Collection of Water-Quality Data: U.S. Geological Survey
Techniques of Water-Resources Investigations, book 9, chaps. A1-A-9, Chapter A1
(January 2005), Chapter A2 Version 2.0 (March 2003), Chapter A3 Version 2.0
(April 2004), Chapter A4 (September 2006), Chapter A5 (April 2004), Chapter
A6.0 Version 1.2 (August 2006), Chapter A6.1 Version 2.0 (March 2006), Chapter
A6.2 Version 2.1 (June 2006) Chapter A6.3 Version 1.2 (August 2005), Chapter
A6.4 Version 1.3 (January 2006), Chapter A6.5 Version 1.2 (September 2005),
Chapter A6.6 Version 3.0 (July 2006), Chapter A6.7 Version 2.1 (September
2005), Chapter A7 3rd Edition (November 2003), Chapter A8 Version
1.1 (June 2005), and Chapter A9 (October 1997). Copies of the document are
available online at: http://pubs.water.usgs.gov/twri9A.
Standard
Methods for the Examination of Water and Wastewater, 20th
Edition, 1998, ISBN: 0-87553-235-7, 1220 pages, is prepared and published
jointly by the American Public Health Association, the American Water Works
Association, and the Water Environment Federation. Copies may be obtained from
the American Public Health Association, Publications Sales, P.O. Box 753,
Waldorf, Maryland, 20604-0753. The cost is $200.
74:55:01:26.01. Technical revisions to an injection permit.
The board, through permit conditions, may authorize the secretary to approve
proposed technical revisions to injection operations without the requirement of
a permit amendment. The technical revisions may include the following minor
permit modifications:
(1) Correction of
typographical errors;
(2) Modification of
monitoring plan reporting requirements;
(3) Modification of
quantities or types of fluids injected that are within the capacity of the
facility as permitted and would not interfere with the operation of the
facility or its ability to meet conditions described in the permit and would
not change its classification;
(4) The addition of wells
to the wellfield within the permit area if the requirements of
§ 74:55:01:11 are met;
(5) Modification of
injection rates and pressures;
(6) Modification of a well
repair, abandonment, plugging, or conversion plan; and
(7) Delay the plugging
requirement of subdivision 74:55:01:59(4) for an unused well.
Technical revisions must be submitted
to the department in writing. The department shall 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 secretary to the board by petitioning for a
contested case hearing pursuant to chapter 74:50:02.
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.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SSDCL 34A-2-28.
74:55:01:26.02. Permit amendment required. A permit
amendment is required for major modifications. Major modifications include the
following:
(1) The addition of
proposed affected land not within the approved permit area;
(2) The expansion of the boundaries
of the permit areas;
(3) A change in the permit
which may adversely affect groundwater.
An owner or operator desiring to amend
a Class III UIC permit shall file an amendment application with the secretary.
The owner or operator shall include in the amendment application the
information required in §§ 74:55:01:05, 74:55:01:06, 74:55:01:07, and
74:55:01:26. The applicant need not submit any information which would
duplicate that which has previously been filed with the secretary, but shall
reference the section, paragraph, and page of the permit or other applicable
correspondence for that information. The secretary shall approve, disapprove,
conditionally approve, or request additional information within 30 days after
receipt. The secretary's recommendation shall be noticed in accordance with
§ 74:55:01:13. The applicant or an interested person may appeal the
decision of the secretary to the board by petitioning for a contested case
hearing pursuant to chapter 74:50:02.
Source:
34 SDR 279, effective May 12, 2008.
General
Authority: SDCL 34A-2-93(15).
Law
Implemented: SDCL 34A-2-28.
