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Pennington County Commission Hearing on Draft Hard Rock Ordinance

July 5, 2022 @ 10:30 am - 5:00 pm

Where: Commission Chambers, 130 Kansas City St, Rapid City, SD 57701, USA (map),

The meeting starts at 9 am, but the Draft Hard Rock Mining Ordinance is the last item on the agenda & won’t be reviewed before 10:30 am.

UPDATE – The Commission did not make a final decision but continued review of the draft ordinance to next July meeting, –  July 19th, at the end of the agenda. They expressed interest in a final decision on Ordinance maybe on August 16th, but I expect  we need to see what happens on July 19th. Both sides (pro and anti mining) expressed need for more time and review.  Commission wants clarity on whether they can be more stringent than state law or rule.   So please continue to send written comments and plan to attend on July 19th. The staff want the written comments to arrive by Wednesday at 4 pm the week before the hearing.

Packet (go to page 234 of 307) :
Proposed Ordinance
BHCWA has an updated alert w/ talking points-  an alert at https://bhcleanwateralliance.org/public-hearings/
Folks can send written comments to staff before 5 pm July 1st & it will be forwarded to Commission pcboc@pennco.org
BH  Clean Water Alliance’s alert with e-mails at home for 3 of 5 Commissioners, you can send to those over the weekend.
Otherwise written testimony can be brought to the hearing or you can give oral testimony at the hearing.
You can attend in person, but a zoom hyperlink  is available for remote viewing & testifying. Scroll down for the Zoom link.   Folks can just watch on Zoom, but if you want to testify remotely by Zoom,  let staff know ASAP but before 8 am on Tuesdaypcboc@pennco.org
The main concern is that the Planning Committee stripped off good items – such as request for Socio-economic study like Lawrence County requires in their ordinance, because the Pennington County States Attorney said the requirement of such study would conflict with state law. I am not sure which state law she means, but SDCL 6-12-5. gives counties authority to make ordinances more strict than state unless otherwise restricted. SDCL 45-6B-4 limits ordinances so as not to conflict with state law with respect to mining. Does adding a new requirement (that does not exist in state mining law), conflict with that state law? Why can Lawrence  County do this but not Pennington?.  Question – is all that the County allowed to do is to xerox the state law and duplicate/back-up DANR enforcement? If that is the case, we need the law amended.
To see Lawrence County’s Mining Ordinance:
 Above we refer you to BHCWA web page for more information and talking points on issues BHCWA has been following..
PHAS will be asking them to add a section protective of threatened and endangered species.
No County in SD can adopt an ordinance without 2 readings (state law) so there will be another  second “reading” of the ordinance and likely folks will be allowed to comment then also.

Pennington County is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting

Meeting ID: 775 520 7200
Passcode: 1234
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July 5, 2022
10:30 am - 5:00 pm