SDCL § 45-6-78: Temporary cessation of license to mine--Requirements--Exemption during cessation--Reinstatement.

Any mining operator may request from the department a temporary cessation of the license to mine for a period of no more than three years. A temporary cessation may be requested if no mining has occurred within the past one hundred days. A mining license is not in a state of temporary cessation if one of the following occurs:

(1) The mining under the license resumes within one year;

(2) Mining has been completed and only final reclamation and related activities remain to be completed; or

(3) A mining license has been issued, but the mining operation has not begun.

The provisions of § 45-6-72 do not apply to the license during the period of a temporary cessation. All provisions of §§ 45-6-78 and 45-6-79 shall be met before a request may be granted by the department. The department shall grant a temporary cessation within ten days after a proper request is received. A license to mine shall be reinstated if the operator requests reinstatement and the one hundred dollar annual fee is submitted to the department.