74:12:09:01.  Applicability of procedure. The secretary shall publish a notice of recommendation before issuing, denying, suspending, revoking, transferring, or renewing any permit application or petition filed for the following:

          (1)  Request to drill an oil well on a tract containing less than 35 acres, pursuant to § 74:12:02:04;

          (2)  Request to drill a gas well on a tract containing less than 576 acres, pursuant to § 74:12:02:05;

          (3)  Request to drill at an exception location to statewide or field spacing, pursuant to § 74:12:02:08;

          (4)  Request to drill a directional well or a horizontal well in an area not already spaced by the Board of Minerals and Environment for directional or horizontal wells, pursuant to § 74:12:02:02;

          (5)  Request for an exception to the gas-oil ratio, pursuant to § 74:12:04:01;

          (6)  Request to commingle oil from separate pools underground, pursuant to § 74:12:04:03;

          (7)  Permit to inject, pursuant to § 74:12:07:01;

          (8)  Request for major modifications of permits to inject, pursuant to § 74:12:07:08;

          (9)  Request to increase injection pressure, pursuant to § 74:12:07:21;

          (10)  Request to increase injection volumes, pursuant to § 74:12:07:22;

          (11)  Exemption of a portion of an aquifer, pursuant to § 74:12:07:24; and

          (12)  Request to complete well in more than one pool, pursuant to § 74:12:04:04.

          The secretary may require the applicant to submit geologic, geophysical, topographic, lease, ownership, engineering, or production information in support of any petition or application submitted under this section.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-11, 45-9-13, 45-9-73.

          Law Implemented: SDCL 45-9-73.

          74:12:09:02.  Contents of notice. A notice of recommendation shall indicate whether the secretary is recommending approval or denial of an application and include any recommended permit conditions. The notice of recommendation must contain a statement including the information in § 74:12:09:05. At the request of the applicant, the notice may indicate that, if an interested person files a timely petition to intervene, a hearing before the board will be held on a date certain and include the time, date, and location of the hearing.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-11, 45-9-13, 45-9-73.

          Law Implemented: SDCL 45-9-73.

          74:12:09:03.  Publication of notice. The department shall publish a notice of recommendation in accordance with the publication requirements of SDCL 45-9-58 except that the notice need only be published once. The department shall provide a copy of the notice of recommendation to the applicant before publication.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-11, 45-9-13, 45-9-73.

          Law Implemented: SDCL 45-9-73.

          74:12:09:04.  Service of notice. The applicant shall serve the notice of recommendation in accordance with the requirements of SDCL 45-9-58 for service of a notice of hearing.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-11, 45-9-13, 45-9-73.

          Law Implemented: SDCL 45-9-73.

          74:12:09:05.  Final decision. Unless an interested person files a petition to initiate a contested case hearing in accordance with chapter 74:09:01 within 20 days after the final date of publication of the notice of recommendation, the secretary's recommendation is final. If the secretary's recommendation is for approval or conditional approval, the permit or approval shall be issued in accordance with SDCL 45-9-73. If a hearing is scheduled on the application, it is subject to a final decision by the board.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-11, 45-9-13, 45-9-73.

          Law Implemented: SDCL 45-9-73.