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Deadline to Comment on Wharf’s Surface Water Discharge Permit – DANR

June 30, 2023 @ 11:50 pm - 11:59 pm

Deadline to Comment on Wharf’s Surface Water Discharge Permit to SD Department of Agriculture and Natural Resources (DANR).

The renewal of the Surface Water Discharge permit will allow the discharge of pollutants from Wharf Resources mining operation. Discharges from this facility could enter a number of receiving waters near the mine.

PHAS is concerned about SD DANR using out-dated selenium criteria in its’ surface water standards. South Dakota’s current 5 μg/L standard is not adequately protective of aquatic life or aquatic-dependent wildlife. The EPA’s national selenium criteria are for the 30-day average concentration of selenium in water not to exceed 3.1 micrograms per liter (μg/L) in lotic (flowing) waters and 1.5 μg/L in lentic (standing) waters (USEPA 2016). They also have requirements for testing concentrations in fish ovaries and whole body/muscles, downstream.   We are especially concerned about impacts to streams that could support American dippers if they had better water quality.

Links to download DANR permit materials for Wharf permitting: 

In accordance with the Administrative Rules of South Dakota, Chapter 74:50:02, any person desiring to comment on the Department’s recommendation for the conditional issuance of this permit must submit written comments to the below address within the specified thirty (30) day comment period. Comments may be directed to the following address: South Dakota Department of Agriculture and Natural Resources, Surface Water Quality Program, Joe Foss Building, 523 East Capitol, Pierre, SD 57501. Comments may also be provided within the specified thirty (30) day comment period using the online comment form, accessible via the “Comment Deadline” links provided http://danr.sd.gov/public

or direct link:


Any person desiring a public hearing must file a petition which complies with the contested case procedure – ARSD 74:50:02. https://sdlegislature.gov/Rules/Administrative/74:50:02 If no objections are received within the specified 30-day period, the
Secretary will issue final determinations within sixty days of the date of this notice.

Agenda for the  June 20th meeting of the Water Management Board:  https://boardsandcommissions.sd.gov/bcuploads/202306Agenda1.pdf

We are not sure yet if one can address the Wharf issue at this meeting, but there is provision for remote testifying and a time for public oral comments.


June 30, 2023
11:50 pm - 11:59 pm