ARSD 74:51:01:60. Water resource enhancement or restoration projects -- Department approval required

Projects designed to enhance or restore overall water quality or beneficial uses may include application of registered pesticides for elimination of nuisance aquatic life, including algae, weeds, and undesirable fish life; furtherance of fish and wildlife research projects; and removal of accumulated sediment. The secretary may allow these projects after review and approval of a written project plan and after opportunity for public review and comment pursuant to § 74:51:01:61. The project plan must be submitted on a form provided by the department and must contain the following information: (1) Name and address of responsible party; (2) Project goals and purpose; (3) Project description; (4) Legal location of project, including maps; (5) Bodies of water affected; (6) Estimated date and duration of project; (7) Methods implemented to minimize pollution; (8) Other alternatives available and reasons for rejection; (9) Name and label of pesticide product to be used; (10) Application rates of pesticide product to be used; (11) Application methods of pesticide product to be used; (12) Surfactant toxicity information of pesticide product to be used, if available; (13) Disposition and quantity of accumulated/dredged sediment, if applicable; and (14) Equipment used to remove accumulated sediment, if applicable. If the applicant provides authorization from the South Dakota Department of Game, Fish and Parks under the provisions of SDCL 41-13-1, 41-13-2, and 41-12-13 for the application of registered pesticides, the secretary shall approve the project without requiring any further information or approval. Otherwise, the applicant shall follow the requirements of this section and § 74:51:01:61.