Minerals and Mining Program
Powertech (USA), Inc. - Special, Exceptional, Critical, or
Unique Land Determination
Powertech (USA), Inc. has submitted to DENR a "Request for Determination of Special, Exceptional, Critical, or Unique Lands and Notice of Intent to Operate" for a proposed uranium in situ leach mine and processing facility. The proposed mining and processing area is located about 13 miles northwest of Edgemont, SD. The legal location of the proposed exploration operation is SW1/4 and W1/2 NW1/4 Section 28, Section 29, N1/2 and SE1/4 Section 30, E1/2 Section 31, Section 32, NW1/4 and SW1/4 and SE1/4 and S1/2NE1/4 Section 33, Section 34, and Section 35; T6S-R1E, Custer County and Section 1, Section 2, Section 3, W1/4 Section 4, Section 5, Section 10, Section 11, Section 12, NW1/4 and W1/2 NE1/4 and NE1/4 NE1/4 Section 14, and N1/2 Section 15; T7S-R1E, Fall River County. The Request is being submitted as the first step in obtaining a large scale mine permit for the in situ mine and process facility. Approximately 1600 acres will potentially be affected by the mining operation and associated disturbance. The area will be returned to livestock pasture after mining is completed.
Any prospective mine operator is required under ARSD 74:29:10:02 to request the Department of Environment and Natural Resources to determine whether the lands included in the proposed mining operation have special, exceptional, critical, or unique attributes by submitting a notice of intent to operate to the department. As part of the notice of intent to operate, the mine operator must include a detailed assessment on whether the lands in the proposed mining operation meet the following criteria of SDCL 45-6B-33.3:
(1) The land is so ecologically fragile that, once it is affected, it could not return to its former ecological role in the reasonable foreseeable future;
(2) The land has such a strong influence on the total ecosystem of which it is a part that even temporary effects felt by it could precipitate
a system-wide ecological reaction of unpredictable scope or dimension; or
(3) The land has scenic, historic, archaeologic, topographic, geologic, ethnologic, scientific, cultural, or recreational significance.
After the application is considered complete, Powertech will publish a notice notifying the public that is has submitted a notice of intent to operate to the department for purposes of determining whether the lands potentially affected by the proposed mining operation are eligible for inclusion on the preliminary list of special, exceptional critical, or unique lands. The public notice will also indicate that any citizen, organization, or agency may nominate lands described in the notice of intent for inclusion on the preliminary list by submitting a nominating petition to the department complying with the requirements of ARSD 74:29:10:16 and ARSD 74:29:10:20 within 60 days after the publication date of the notice.
If the proposed mining operation is placed on the preliminary list of special, exceptional, critical, or unique lands, a final determination on whether the lands should be designated as special, exceptional, critical, or unique will be made by the Board of Minerals and Environment during the hearing on Powertech's large scale mine permit application. The designation will not necessarily preclude mining in the proposed area. The board may require Powertech to comply with special mine permit conditions to protect any special, exceptional, critical, or unique attributes of the area during mining.
DENR Status
- On December 31, 2008, the department determined that the lands described in Powertech's Request for Determination do not constitute special, exceptional, critical, or unique lands. This determination is based on an on-site inspection of the proposed lands to be affected, examination of the previously established preliminary list of special, exceptional, critical, or unique lands, consultation with other agencies, and evaluating information provided with the Request for Determination. On December 28, 2008, the Oglala Sioux Tribe and Debra White Plume submitted nominating petitions, and on December 29, 2008, the Defenders of the Black Hills and Charmaine White Face submitted a nominating petition in accordance with ARSD 74:29:10:12 to have the lands described in the Request for Determination included on the preliminary list of special, exceptional, critical, or unique lands. A hearing on the nominating petitions was held before the Board of Minerals and Environment on February 19, 2009. The board determined that the lands described in the nominating petitions do not constitute special, exceptional, critical, or unique lands.
| Powertech's Request for Determination of Special, Exceptional, Critical, or Unique Lands and Notice of Intent to Operate | |
Request for Determination of Special, Exceptional, Critical, or Unique Lands and Notice of Intent to Operate Application Form, Cover Letter, General Mine Plan, and Special, Exceptional, Critical or Unique Assessment - Includes Proof of Filing to Custer County and Fall River County Register of Deeds Offices (7,682 KB pdf)
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- August 21, 2008 |
Supplement Containing Revised Request for Determination of Special, Exceptional, Critical, or Unique Lands and Notice of Intent to Operate - Includes Cover Letter and Revised Mine Permit Boundary (9,955 KB pdf) Note: As requested by the State Archaeologist office, maps showing archaeologic sites are considered confidential under other statutes and are not available to the public.
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- October 6, 2008 |
Powertech Memorandum of Understanding with South Dakota State Archaeologist |
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| Powertech Correspondence | |
Powertech's Response to DENR October 6, 2008 Comment Letter (3,437 KB pdf)
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- October 8, 2008 |
Powertech's Email Response to DENR October 15, 2008 Email Comments (2,606 KB pdf)
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- October 16, 2008 |
Powertech's Mailed Response to DENR October 15, 2008 Email Comments (2,217 KB pdf)
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- October 17, 2008 |
Archaeologic Site Tables Submitted by Powertech Consultant Augustana College (2,230 KB pdf)
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- October 20, 2008 |
Powertech's Submittal of Register of Deeds Proof of Filing and Agency Receipts (3,810 KB pdf)
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- October 23, 2008 |
Powertech's Affidavit of Publication for Notice of Request - Hot Springs Star (426 KB pdf)
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- November 4, 2008 |
Powertech's Affidavit of Publication for Notice of Request - Custer Co. Chronicle (439 KB pdf)
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- November 13, 2008 |
