DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL AVENUE PIERRE, SOUTH DAKOTA 57501-3182

denr.sd.gov DEEP BOREHOLE RESEARCH PROJECT REQUIREMENTS October 18, 2016 Thank you for contacting the department for information on the department’s permits and requirements for a proposed drilling project. Please find below the information you requested. WATER RIGHTS The borehole does not meet the definition of a well pursuant to South Dakota Codified Law 46-1-6 (18). Although the South Dakota Well Construction Standards do not apply to this borehole, a plugging plan should be submitted. The plugging plan should be in accordance with the Administrative Rules of South Dakota 74:02:04. A list of drillers licensed to drill in South Dakota can be found at: http://denr.sd.gov/des/wr/dbdrillerlist.aspx. For more information contact Ken Buhler with our Water Rights Program at [email protected] or by calling (605) 773-3351. If public waters will be used in the drilling process you will need a temporary water right. An application form can be found at http://denr.sd.gov/des/wr/app/E2052LDV1-TempApp.pdf. For more information contact Genny McMath with our Water Rights Program at [email protected] or by calling (605) 773-3352. This permit is issued for the length of the project but no longer than on a calendar year basis. If the project starts late in the year and will go into the next year, we can re-issue the temporary permit after January 1. Along with the completed form, you can include information that this may go beyond the calendar year depending on when the drilling begins and that you will re-apply for a temporary permit the following calendar year. If it is decided a permanent water right permit should be submitted, the process for a permanent water right can take up to six months or longer if it is contested, so it should be started as soon as you make that decision. Water obtained from a rural water system or municipal water system does not need a water right as that system already has a water right. For any questions on the permit applications, please contact Eric Gronlund at [email protected] or (605) 773-3352. MINERALS & MINING As the hole is not an exploration operation defined by SDCL 45-6C-3 (6), no permit is required under Chapter 45-6C (Mineral Exploration). For more information contact Mike Cepak at [email protected] or by calling (605) 773-4201.

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AIR QUALITY A drilling operation may need to be permitted under the air quality program if pollutants are emitted to the air. The permitting process may take 90 days or more. Examples of equipment that will be regulated in the permit are pumps, boilers, and generators. Portable generators located onsite for more than 12 consecutive months are considered stationary generators and may need to be permitted. If the facility meets EPA’s definition for a Prevention of Significant Deterioration (PSD) facility, it will need a PSD preconstruction permit. This means that the company may have to collect air quality samples for a period of time before we can begin processing their permit application. Please contact Kyrik Rombough at (605) 773-3151 or by email at [email protected] for a permit application, additional information, or if you have any questions. SOLID WASTE Any solid waste produced by the facility should be treated in accordance with the solid waste rules (Article 74:27) and state statutes for solid waste disposal (Chapter 34A-6). If any by-products are disposed of in an existing permitted landfill, the company will not need a permit. Drill cuttings and drilling fluids are not regulated as a solid waste as long as the wastes are managed on-site. If offsite disposal of drill cuttings or fluids becomes necessary, the operator should consult with the Waste Management Program prior to disposal. You indicated your desire to dispose of drill hole cuttings at a landfill. The locations of permitted regional solid waste landfills in South Dakota are available at http://denr.sd.gov/des/wm/landfillmaps/lfstate.aspx. Please contact Jim Wendte at (605) 7733153 or by email at [email protected] if you have questions on solid waste requirements. SURFACE WATER QUALITY If one or more acres are disturbed as a result of your activities, a storm water discharge permit is required. This is an existing general permit with a short application that is required to be submitted 15 days prior to the start of any soil disturbance. More information on storm water permitting can be found at http://denr.sd.gov/des/sw/StormWaterandConstruction.aspx. If drilling fluids could be discharged to waters of the state, you must obtain coverage under the department’s temporary discharge permit. Information on the department’s temporary discharge permit can be found at http://denr.sd.gov/des/sw/TemporaryDischargePermit.aspx. For further information on either the storm water permit or the temporary discharge permit, please contact Laura Newman at (605) 773-3351 or 1-800-SDSTORM (1-800-737-8676), or by email at [email protected]. SARA Title III If your plans include long term or temporary storage of 10,000 pounds or more of any OSHA hazardous substance (including drilling fluids or fuel), at the drill site or at a staging area, you should report your storage. For further information, please contact Trish Kindt at [email protected] or by calling (800) 433-2288.

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SPILL/RELEASES Should you have a spill or releases of any hazardous substance at the site or at any staging area, cleanup is required. Releases that impact surface water or exceeding 25 gallons in quantity are immediately reportable. You can report a spill/release by calling (605) 773-3296 during regular business hours and (605) 773-3231 after hours. For further information, please contact Trish Kindt at [email protected] or by calling (800) 433-2288. SPILL PREVENTION CONTROL & COUNTERMEASURE If you have on-site fuel storage, you may be subject to the Spill Prevention, Control, and Countermeasure (SPCC) Rule. The SPCC rule is administered by the federal Environmental Protection Agency (EPA). For more information, contact Melissa Payan (303) 312-6511 or Donna Inman (303) 312-6201 with EPA Region 8 in Denver. ON-SITE WASTEWATER SYSTEM You plan to use an on-site wastewater/septic system at the site. Any system would need to be designed in accordance with the Administrative Rules of South Dakota, Chapter 74:53:01 and submitted to the department for review and approval. Our goal is to review any plans within 30 days of receipt and if the plans are approvable to issue an approval letter. The system must also be installed by a certified installer. More information can be found at http://denr.sd.gov/des/fp/septic.aspx. Any on-site system that has the capacity to serve 20 or more people per day or receives wastewater that is not consistent with domestic strengths may also have to be authorized by the U.S. Environmental Protection Agency. For more details about EPA’s requirements, please contact Douglas Minter at (303) 312-6079 or Craig Boomgaard (303) 312-6794. A copy of the South Dakota Environmental Permitting and Regulation Guide is available on the internet at http://denr.sd.gov/onestop.aspx to also assist you with understanding when permits or approvals are required and what the application process is for those permits. The Department of Environment and Natural Resources (DENR) has over 100 forms and applications available on the internet. The purpose of online forms is to allow the form to be filled out on a computer and then either be submitted to DENR electronically or be printed for mailing. These forms can be found at http://denr.sd.gov/onestop.aspx. If you need additional one stop permitting assistance from the South Dakota Department of Environment and Natural Resources, contact Kent Woodmansey either by telephone at (605) 7733351 or by email at [email protected].

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