SDCL § 45-6B-13: Instrument of consultation not obtained--Hearing and order.

If the instrument of consultation required by § 45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds:

(1) That the operating and reclamation plans have been submitted to the surface landowner as provided in § 45-6B-12;

(2) That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and

(3) The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.