70:10:02:01.  Permit expiration and extension. A utility corridor permit is expired if the utility line or facility has not been installed within one year of the permit issue date or before the expiration of any authorized extension. The permittee may request a one-year extension from the department if the permittee is unable to complete installation within one year after the permit issue date. Only one extension may be granted. Any request for an extension shall be in writing and submitted to the department before the permit expires. The request shall state the reasons why the extension is necessary and when construction is anticipated. The request shall include a copy of the first page of the permit. Any extension approval shall be in writing. Any person wishing to reestablish a permit that has expired shall submit a new permit application.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:02.  Nonconforming use of utility corridor. The department may find use of a utility corridor to be out of conformance with these rules if:

          (1)  The use of the utility corridor was not authorized in accordance with § 70:10:01:02;

          (2)  The permittee did not comply with stipulations attached to the permit in accordance with § 70:10:01:10; or

          (3)  The permittee has not maintained adequate liability coverage.

          If such a finding is made, the department may order correction of the nonconformity, require the permittee to submit a new utility corridor application, or suspend or revoke the permit and order the removal of the utility line or facility. The permittee shall be responsible for all costs of the removal.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:03.  Notification of installation and time period to complete construction. The permittee shall notify the department at least ten working days prior to any construction within the utility corridor. Installation of the utility line or facility may not proceed until the utility corridor permit is issued. The installation of the utility line or facility shall be completed in an expeditious and safe manner and shall be finished within the time stated in the permit. The applicant shall notify the area engineer at least two days prior to substantial completion of the utility installation.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.

          70:10:02:04.  Inspection of installation. The department may inspect the installation at any time to verify that all terms and conditions of the permit are met.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.