ARSD 74:29:10:08. Department determination on notice of intent to operate -- Procedure

Within 60 days after the date of publication of the public notice required under § 74:29:10:05, the department shall determine whether the lands described in the notice of intent to operate are eligible for inclusion on the preliminary list of special, exceptional, critical, or unique lands by doing the following: (1) Conducting an on-site inspection coordinated, if possible, with the agencies identified in subdivision 74:29:10:04(2); (2) Examining the preliminary list established pursuant to § 74:29:10:18 to determine whether lands described in the notice of intent to operate are designated; (3) Consulting with any agency that submits a recommendation to the department pursuant to § 74:29:10:07; and (4) Evaluating the information provided with the notice of intent to operate.