**PARTICIPANT RESPONSIBILITIES**

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  **PARTICIPANT**                     **County                               
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  **PRACTICE      **                                                         

  **LEGAL DESCRIPTION      **                        **Sec.   **   **T       R      
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  **GPS      **                                                              
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GENERAL: Policies and regulations of USDA assistance programs place
responsibility on the participant for obtaining adequate real property
rights and interests, applicable water rights, and necessary approvals,
easements, licenses and permits. The participant must also meet
requirements for installation, inspection, and operation and
maintenance.

For copies of South Dakota Laws, see Internet at:
<http://www.state.sd.us/state/legis/lrc/statutes/lrcmenu.htm>**.**

**1. CULTURAL/HISTORICAL RESOURCES**

An NRCS approved cultural/historical evaluation **must** be made of the
contracted and/or technically assisted (earth disturbing) practices
**prior** to construction. If construction activities expose
cultural/historical resources, human remains (bones), or similar
objects, the participant and/or contractor **must** immediately stop
construction and notify NRCS. Any further construction without clearance
**could jeopardize assistance** (cost-share/technical) and may be a
**violation of state or federal law**.

**2. WATER RIGHTS, CONSTRUCTION PERMIT, AND LOCATION NOTICE**

**South Dakota Codified Law 46-5** requires securing a permit from the
**South Dakota Chief Engineer [before]{.underline} construction work
begins** for any development involving storage or use of water. Small
user exceptions are explained on the Internet. Forms and information is
available on the Internet at:
<http://www.state.sd.us/denr/DES/WaterRights/waterprg.htm>**.**

Compliance with all requirements of South Dakota water laws is necessary
to avoid possible penalties and/or loss of your rights. Forms, signed
map, fees and other pertinent information for filing a **South Dakota
Water Right** application should be submitted to: **DENR Water Rights
Program, Joe Foss Building, 523 East Capitol, Pierre SD 57501-3181
(Phone 605 773 3352).**

**South Dakota Codified Law 46-4** requires the filing of a **Location
Notice** for small nonnavigable stream and dry draw dams. **South Dakota
Codified Law 46A-10A** regulates **drainage**, in South Dakota,
generally through **County Drainage Commissions.**

**Administrative** **Rules** (**Dam Safety**, etc.,) - see Internet at:
<http://www.state.sd.us/denr/DES/WaterRights/WR_laws.htm>**.**

**Other Laws** may also apply. The participant is responsible for
obtaining all necessary rights and permits, including but not limited to
easements, rights-of-way, zoning approval, permits to construct, etc.
required by any applicable level of government.

**3. PROPERTY RIGHTS (INCLUDING WETLAND EASEMENTS)**

The participant is responsible, financially and otherwise, for any costs
incurred by the failure to obtain adequate and necessary real property
rights and interests, easements, subordination agreements, permits,
and/or licenses required for the installation. Participants are
cautioned to be sure the area to be affected is either not covered by a
**wetland easement** or a written agreement is reached with the easement
owner. Property rights documents should be recorded for your future
protection.

**4. CLEAN WATER ACT**

**Clean Water Act Section 10 or 404** permits from the **US Army Corps
of Engineers** are required where proposed construction will involve
dredging or filling a wetland, or stream. Information may be obtained by
contacting : **US Army Corps of Engineers, South Dakota Regulatory
Office, 28563 Powerhouse Road, Room 120, Pierre SD 57501, (Phone 605 224
8531)**. Forms are available on the internet at:
<http://www.usace.army.mil/inet/usace-docs/forms/formlib-all/e4345.pdf>**.**

**National Pollutant Discharge Elimination System (NPDES)** permits or
approval from the **South Dakota Department of Environment and Natural
Resources (DENR)** may be needed where discharge of polluted water or
wastewater (ag waste etc.) to waters of the state (including wetlands)
may occur or have occurred. In addition, a **Storm Water Permit** is
needed for any

**construction** disturbance of over one acre. Information is available
by telephone at **605 773 3351** or on the Internet at:
**http://www.state.sd.us/denr/DES/Surfacewater/surface.htm**

**5. PARTICIPANT RESPONSIBILITIES IN CONSTRUCTION SUPERVISION AND
INSPECTION**

**(A) South Dakota Codified Law 49-7A,** (also know as **South Dakota
One-Call)** requires that no **excavator** may **begin** any excavation
without first notifying the One-Call Notification Center of the proposed
excavation **(Phone 1 800 781 7474)**.

**NRCS makes [no representation]{.underline} as to the existence or
non-existence of any utility or buried object, and assumes [no
liability]{.underline} for damage to utilities or buried objects caused
by construction of this or other conservation practices.**

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  **(B)** All conservation practices require on-site supervision and
  inspection during construction. The NRCS cannot provide all of the
  assistance or inspection that may be needed to assure the practice is
  installed correctly. **Participants must actively lead construction
  supervision and inspection efforts.** Items requiring **inspection by
  you** are as follows:      

  **NRCS must be notified** and given the opportunity to inspect the
  following items **prior to installation**:      
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**(C)** If you employ a contractor to do your construction work, it is
your responsibility to clearly inform the contractor, **prior** to start
of construction, that materials and construction must be in accordance
with the plans and specifications.

**(D)** If necessary, the plans can be modified during construction.
However, changes to sizes, grades, elevations, etc.,
**[must]{.underline} be approved by NRCS** for permits, certifications,
and cost-share to be assured. **Get approvals before construction!**

**(E)** The completed practice must be checked by NRCS. NRCS will ask
for written certification from you and/or the contractor for those items
not inspected by NRCS and for those items you agreed to inspect.
**Certification for cost-share** will be made by NRCS when it has been
determined that the NRCS approved design has been completed. Otherwise,
NRCS will either require construction changes before certification or
the practice will not be certified.

**(F) NRCS designed practices as well as cost-shared practices designed
by contractors (or others) [must]{.underline} meet NRCS Practice
Standards and [must]{.underline} be approved by an NRCS employee with
appropriate Job Approval Authority [prior]{.underline} to
construction.**

**6. OPERATION AND MAINTENANCE (O&M)**

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  The participant is responsible for the safe operation and maintenance
  of the improvements for the life of the practice. O&M requirements or
  special O&M plans are listed below and/or attached.      

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**7. PARTICIPANT RESPONSIBILITIES AND CERTIFICATION**

I have reviewed the plans and specifications provided to me. I
understand my responsibility to follow the plans and specifications for
proper installation of the conservation practice. I understand the
cultural/historical resources requirements and certify that I will
obtain the necessary landrights, easements, water rights, permits, and
other authorizations necessary to complete the planned conservation
improvements.

Participant signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

I have reviewed the requirements as set forth in this document with the
participant.

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  NRCS                                            Date:   
  Employee:                                               

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