S.D. Admin. R. 74:29:07:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 74:29:07:10 - Diversions of intermittent and perennial streams

Permanent or temporary diversions of intermittent and perennial streams on affected lands must meet the following general requirements:

(1) Spoil, topsoil, or other unconsolidated materials may not be pushed into or placed within 10 feet of the banks of a perennial or intermittent stream or in a location which may subject them to bankfull flooding except during the construction of the diversion as approved in the permit;

(2) The banks of a diverted perennial or intermittent stream must be stabilized and vegetated with approved species as soon as practicable;

(3) The banks and channel of a diverted perennial or intermittent stream must be protected where necessary by rock, geosynthetic liners, geosynthetic filter media, riprap, or similar measures to minimize erosion and degradation of water quality. Permanent diversions must be designed and constructed to prevent erosion and to carry flow consistent with the flow produced by stream's original width, depth, shape, and gradient;

(4) The board may not permit mining on the flood plain of a perennial or intermittent stream if it would cause the uncontrolled diversion of the stream during bankfull periods;

(5) Channel and flood plain diversions must be designed to prevent erosion during the passage of the approved design precipitation event. Cross-sections and other hydrologic data for the existing stream above, below, and within the diversion area must be used to determine the flow capacities, channel configuration, and shape of the diversion. Such design information must be included in the reclamation plan; and

(6) The water quality of a diverted intermittent or perennial stream must meet surface water quality standards in chapter 74:51:01.

S.D. Admin. R. 74:29:07:10

14 SDR 111, effective 3/3/1988.

General Authority: SDCL 45-6B-81.

Law Implemented: SDCL 45-6B-41, 45-6B-45.