S.D. Admin. R. 74:29:07:22

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:29:07:22 - Wildlife habitat

The following requirements apply to wildlife habitat as an approved postmining land use:

(1) Reclamation shall be directed toward optimizing habitat diversity for game and nongame species. The surrounding unaffected land must be considered in determining habitat diversity goals;

(2) The applicant must identify the wildlife species to benefit from the proposed reclamation;

(3) The affected land must be revegetated with native trees, shrubs, forbs, grasses, or other approved alternative vegetation. Revegetation composition, spacing, and arrangement must be based on consultation with the department of game, fish and parks or on an approved reference area. Woody species and understory vegetation shall be planted at rates which can reasonably be expected to yield densities appropriate for the designated wildlife species;

(4) Alternative wildlife habitat reclamation objectives shall be developed in consultation with the department of game, fish and parks and approved by the board;

(5) Sites to be reclaimed for recreational fisheries must provide suitable habitat for the selected fish species;

(6) Surface impoundments to be reclaimed for recreational fisheries must have at least 25 percent of the bottom at a minimum depth of 20 feet to ensure sufficient water during drought, limit growth of undesirable weeds, and reduce the potential for winterkill;

(7) Streams to be reclaimed for recreational fisheries must have a baseline study prepared by an individual who is competent in the field of fisheries management which addresses faunal, floral, and channel characteristics and is approved by the department of game, fish, and parks. Streams to be reclaimed for recreational fisheries must be reconstructed so that they provide suitable habitat for the selected fish species. Reclamation must achieve to the extent possible the premining pool to riffle ratio, width-to-depth ratio, and stream bed particle sizing and sorting ratio, unless modifications to enhance the stream habitat are approved by the department of game, fish and parks and the department. Reclamation techniques such as stream bank stabilization and revegetation, construction of wing deflectors, k-dams, or other management techniques may be incorporated into the reclamation plan and must have the approval of the department, the department of game, fish and parks, and the board;

(8) Sites to be reclaimed for recreational fisheries must have safe bank access; and

(9) Reclamation is complete when the following conditions are met:

(a) The surviving vegetation species composition is capable of supporting the wildlife species identified as those to benefit from the proposed reclamation;

(b) The understory cover is adequate to control erosion;

(c) Stream fisheries approximate or exceed the baseline condition of the stream or that of the approved reference area; and

(6) [(10)] Surface impoundment fisheries meet the postmining land use as described in the approved reclamation plan.

S.D. Admin. R. 74:29:07:22

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-7, 45-6B-25, 45-6B-37 to 45-6B-45.