Legislators hear outcry over proposed Piedmont mine

PIEDMONT (FOOTHILLS AREA) – It was a capacity crowd attending the legislative cracker barrel hosted by the Piedmont Valley American Legion Post 311 on Saturday afternoon January 10, 2026, in Piedmont, with co-sponsors Protect Piedmont’s Future, Prairie Hills Audubon Society, Foothills Kiwanis, and Dakota Rural Action Black Hills Chapter. Legislators from District 29 and 33 were invited.

This was an additional pre-legislative session meeting specifically scheduled to address community concerns regarding a proposed sand/ gravel mine near Piedmont. The 101st South Dakota legislative session opened on Tuesday. It is expected that there will be a record number of mining related legislation, particularly laws around limestone, lithium, sand, gravel, iron ore, and pegmatites in general.

Legislators present were Republicans Senator John Carley, Republican Representative Terri Jorgenson and Republican representative Kathy Rice from District 29 and Republican Representative Phil Jensen from District 33. Republican Senator Curt Voight and Republican Representative Curt Massie both from District 33 were not present.

After introductions, the event was opened for residents to ask questions. William Wagner said when there is a conflict between the county and the state the federal law supersedes state law. “So I’m asking you to put that in motion. We are invoking this as We The People. We’re not asking, we’re demanding, because that’s our right. We need to invoke the Supremacy Clause so we can have federal regulation because we have a major conflict.”

A gentleman named Link said there are issues with the licensing agreement. He said there is a clear and present danger to the ecology of the Black Hills, not only from the proposed sand/gravel mine but also from numerous other projects, some proposed and some already underway. “The plan is to mine more than 160 million tons of ore which will create one hundred fifty to three hundred thousand tons of dust.” He said there are many significant laws that are being ignored and not enforced by the state, that have to do with air quality, water, and pyrotechnics.”

Although specific tonnage has not been clearly stated, Dakota Gold Corporation’s plans for a large-scale gold mine with proposed open-pit and underground operations could process vast amounts of ore. Solitario Resources is planning for numerous drill sites for exploration in the northern Black hills.

Sturgis has four of their eight wells in that watershed in the moth of Boulder Canyon. Tourism is the number one source of revenue for Lawrence County.

Taylor Gunhammer noted that Carley had expressed a profound belief in constitutional liberties. “Well, treaty rights are constitutional liberties and if they were honored and invoked and upheld, they would protect this exact community that is trying to resist the mega corporations. I’m wondering what commitment you will make to honor constitutional law as you said you care about, and invoke these treaties to protect Piedmont, Rapid City, Custer, Pe Sla, Craven Canyon and everywhere else that will be destroyed.” There was significant applause from attendees.

Carley explained that the Department of Agriculture and Natural Resources (DANR) granted the license for the mining nearby. “It didn’t cost much, only a hundred dollars and didn’t require any review.” He said that is according to state law. “Now if something like gold or lithium they actually have to get a permit, which is another category. Once you fall into that permit category, there are a lot more hoops you have to jump through. You have to do environmental studies, you have to do watershed studies, you have to give notice and have more hearings.”

Gunhammer asked about categorical exemptions. A categorical exemption or exclusion (CE) for a class of routine projects that a federal agency has determined typically have no significant impact on the environment, thus remove the need for detailed environmental assessments (EAs) or environmental impact statement (EISs).

Carley explained that the law doesn’t require the same laws for limestone mining. “Currently the law says that limestone is not a mineral and so it isn’t subject to the more stringent requirements.” Carley said if someone has information that the mining company didn’t follow procedures on getting the limited license, he would be glad to take the issue to DANR.

He also wanted to address the issue of treaty rights. “It’s called Paha Sapa. I recognize the history of that. Have some treaties been followed and not followed? Yes, potentially,” he said as Gunhammer spoke up from the audience to say that zero had been followed. “I will conclude with the bill that I was on last year with Republican Representative Scott Odenbach (District 31) and others it was to protect the Black Hills. I will point out that in that bill, it did reference the unique historical, ecological, and cultural significance as well as the cultural aspects. Unfortunately, that bill that would have helped us protect this area a little more failed by one vote in a Senate committee four to three. I was sad to see that. Something like that may come back because I do think that we need to protect the Black Hills.

Jorgenson said that she had looked at the documents provided by Link that allegedly showed where the company had violated the license. She said she was prepared to take that information to DANR as well as Governor Rhoden.

Jorgenson said she plans to submit legislation to change the weak state laws. “The thing with limestone is that here they plan to use explosives. I spoke with the state geologist, and he said that in East River they can just use a backhoe and dig it up. So, by distinguishing that the project will be using explosives, now it throws it into something more stringent but at the same time it allows the limestone in East River to continue under a license because it doesn’t need to be as strictly regulated.”

Bob Burns explained to legislators that state officials told him that they have no authority and they leave it up to local governing authorities. “I asked the county what their ordinance was on mining and they told me that they had tried to pass one in 2013 but were told by the state they couldn’t. So, there’s a dichotomy there. The law allows counties that have zoning to pass ordinances but not allow counties that don’t have zoning, so Meade County has been forbidden from passing an ordinance. I think that’s one thing that has to change in state law immediately. Cross off that zoning requirement. Because the Meade County commissioners, and they’re here today, have said that they would gladly pass an ordinance.”

(Contact Marnie Cook at cookm8715@gmail.com)

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