SOUTH DAKOTA Department of
Environment & Natural Resources

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South Dakota DENR

Mineral Exploration Operation conducted by Mineral Mountain Resources (SD) Inc.

Exploration Notice of Intent. The Department of Environment and Natural Resources (DENR) received an application for a Notice of Intent to Conduct Mineral Exploration Operation on April 21, 2017, from Mineral Mountain Resources Ltd. in accordance with South Dakota Chapter 45-6C. Under the Notice of Intent, the company will conduct only exploration drilling for gold and associated minerals on private land located in the West half of Section 24, and the Northwest quarter of Section 25, Township 2 North, Range 3 East. Exploration drilling was previously conducted in the general area by four other companies. All drill holes will be plugged as required under state regulations, and all surface disturbance will be reclaimed. After reviewing the Notice of Intent, it was found to be procedurally complete, and DENR issued a restriction letter on June 9, 2017. The Notice of Intent to Conduct Mineral Exploration was transferred to Mineral Mountain Resources (SD) Inc. by the Board of Minerals and Environment on January 18, 2018The Exploration Notice of Intent does NOT allow mining.  In the event the company decides to pursue a mining project, a mining permit is needed which requires public notice and the opportunity to petition and participate in a contested case hearing.

Temporary Permit to Use Water. Mineral Mountain Resources (SD) Inc. also applied for a temporary permit on December 19, 2017, to use water from Rapid Creek for mining exploration purposes as required by South Dakota Codified Law 46-5-40.1.  After reviewing the application for a temporary permit, the chief engineer issued a temporary permit with qualifications on January 2, 2018, with an expiration date of May 1, 2018.  The temporary permit allows use of up to 1.8 million gallons of water at a pump rate of 200 gallons per minute for exploration drilling for testing to assess mineral potential.  Monthly reporting of the amount of water pumped is to be provided to the chief engineer and will be posted to this webpage. The temporary permit does NOT allow water use for production mining. In the event that production mining is pursued, a regular water right permit would be needed which requires public notice and the opportunity to petition and participate in a contested case hearing.

Questions and Answers About the Project. If you have a particular question or concern concerning Mineral Mountain's exploration activities under EXNI-427 or the temporary water right, an answer may be found in the Mineral Mountain EXNI-427 and Temporary Permit for Use of Public Water Q&A Summary.

Appeal of Transfer of Notice of Intent to Conduct Mineral Exploration.  The final decision of the Board of Minerals and Environment transferring Exploration of Notice of Intent EXNI 427 from Mineral Mountain Resources LTD, to Mineral Mountain Resources (SD) Inc. has been appealed to the Seventh Judicial Circuit Court in Pennington County. The original appeal was filed in Hughes County and later revised to Pennington County along with the addition of one plaintiff. A Statement of Issues on Appeal was also filed with the court.

A hearing on the appeal of the transfer of EXNI 427 was held by the Seventh Judicial Circuit Court on June 12, 2018. The Court did not rule on the appeal, but gave all parties 30 days to submit supplemental briefs. Supplemental briefs have been filed, and a ruling will be issued at an undetermined future date.

On July 19, 2018, the Court granted motions filed by Mineral Mountain Resources (SD) Inc. and DENR to dismiss the appeal. The deadline to appeal the Court's decision to the Supreme Court is August 24, 2018.

Project Status Updates

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