Section 10.09 - Dam Construction, Repair, Alteration, Breach or Removal Permit(1)General Application. Any person(s) who proposes to construct, repair, materially alter, breach or remove a dam, pursuant to M.G.L. c. 253, must file with the Commissioner a permit application to determine whether or not a Chapter 253 Dam Safety Permit is required. Routine maintenance-related work such as mowing, brush cutting, spillway debris removal and other site maintenance does not require a Chapter 253 Dam Safety Permit. Approved permits issued by the Commissioner do not relieve the applicant from required compliance with M.G.L. c. 131, § 40, and, where applicable, M.G.L. c. 131, §§ 5C and 19. Applications shall be sent by certified mail, return receipt requested. All permit applications must comply with DCR's standard design and construction criteria (see302 CMR 10.14) . If the Commissioner determines that the proposed dam falls within the jurisdiction of 302 CMR 10.00, the owner must complete the construction, repair, alteration, breach or removal permit application as follows: (a)Preliminary Report. The Permit application for any dam shall include a preliminary report. (Filing of the preliminary report prior to filing the final report, early in the site investigation and design schedule, is encouraged to assure the Commissioner's concurrence with the hazard potential classification, site investigations, design concept and required design analysis and supporting data.) The preliminary report shall be filed with the permit application and shall include, but not be limited to, the following information: 1. completion of all required information on the application;2. maps showing the location of the proposed structure that include the county, location of state roads, access to site, and outline of the reservoir (aerial photographs or U.S. Geological Survey may be used);3. preliminary drawings or sketches that include cross sections, plans and profiles of the dam, proposed pool levels, and type of all spillways;4. preliminary design criteria and basis for selection including a description of the size, ground cover conditions, and extent of development of the watershed, drainage area, spillway design storm, geology and geotechnical engineering assumptions for the foundation and embankment materials, and type of materials used in the principal spillway(s); and5. book and page number of location of the dam as recorded in the Registry of Deeds with the name of the Registry.(b)Final Design Report. Approval or denial of a permit to construct, repair, alter, breach or remove a dam will be issued within 60 days from the time the final design report and permit application is received. The final design report shall include, but may not be limited to, the following information:1. A report of the investigation of the foundation soils or bedrock and the borrow materials, including the location of borrow areas, that are to be used to construct or repair the dam;2. Analysis and/or criteria to indicate that the dam will be stable during construction and filling and under all conditions of reservoir operations;3. Computations indicating that the dam is safe against overtopping during occurrence of the inflow design flood and wave action; however, wave action need not be considered when the design flood is based on the full probable maximum precipitation (PMP);4. Criteria, design data or references to indicate that seepage flow through the embankment, foundation, and abutments will be controlled to limit internal erosion and sloughing in the area where the seepage occurs;5. Calculations and assumptions relative to design of the spillway(s);6. Provisions to protect the upstream slope, crest, and downstream slope of earth embankments and abutments from erosion due to wind and rain;7. Other design data, assumptions and analysis data pertinent to individual dams and site conditions as needed;8. A proposed construction schedule;9. A proposed filling schedule for the reservoir;10. A maintenance and operation plan; and11. For all new high and significant hazard potential dams, an emergency action plan to be implemented in the event of a dam failure. The preliminary report and the final design report may be submitted as one document.
(2)Construction Documents. Two sets of plans and specifications must be submitted along with the Final Design Report. The documents shall be detailed engineering design drawings and specifications that include the following at a minimum: (a) A cover sheet one showing the name of the project; name of owner; hazard potential classification of the dam; designated access to the project; and location with respect to highways, roads, streams, and any dam(s) that would affect or be affected by the proposed structure;(b) Maps showing the drainage area and outline of the reservoir and the ownership of properties covered by the reservoir or flood pools;(c) Geologic investigation, cross section, profiles, logs of borings, location of borrow areas, drawing of principal and emergency spillways, drawn in sufficient detail to clearly indicate the extent and complexity of the work performed;(d) The technical provisions, as may be required, to describe the method of construction and quality control for the project; and(e) Special provisions, as may be required, to describe technical provisions and requirements needed to ensure that the dam is modified and repaired according to the approved plans and specifications.(3)Notification. The Commissioner shall notify the applicant in writing within 60 days following the receipt of the completed application and all required technical design submittals if the application is approved or disapproved. If the application is disapproved an explanation will be provided.(4)Permit. Approval of construction, drawdown, repair, alteration, breach or removal of a dam will be contained in a Chapter 253 Permit to be issued by the Commissioner. A permit may be subject to written general stipulations and/or written specific stipulations deemed necessary by the Commissioner. No construction shall be performed until the permit is issued and recorded in the Registry of Deeds for the county within which the dam lies. The permit shall be valid for the construction schedule specified in the approved final design report and application. Construction must commence within two years after the permit is issued. If construction does not commence within two years after the permit is issued, the permit shall expire and a new application shall be submitted unless prior to the permit expiration date, upon written application and for good cause shown, the Commissioner extends the time for commencing construction.(5)Recording a Chapter 253 Permit. A permit to construct, drawdown, repair, alter, breach or remove a dam shall be recorded at the Registry of Deeds in the county where the dam lies. Recording must be done prior to the commencement of construction and a copy of the recorded permit filed with the Commissioner.(6)Notice of Construction and Drawdown Notification. (a) For dam safety permitted projects, at least 21 days before construction and/or controlled drawdown is commenced, the owner shall provide notice by certified and/or registered mail to the Commissioner, the local Conservation Commission and to the Commonwealth Division of Fish and Wildlife, Field Headquarters, 1 Rabbit Hill Road, Westborough, MA 01581 attn: Natural Heritage and Endangered Species Section.(b) In cases of emergency conditions, when repairs are necessary to safeguard life and property, they may be started under the provisions of M.G.L. c. 253, § 47 upon notification by the Commissioner that an emergency condition exists. The owner shall assign a registered professional engineer to monitor any drawdown for the first four hours after its commencement, observing conditions at least on an hourly basis. Thereafter, the owner or his or her registered professional engineer shall monitor the drawdown at least once each 24 hours, or as otherwise determined by the Commissioner, until drawdown has been completed. Except for emergency drawdowns in accordance with an order issued by the Commissioner, to meet standards established by the Commonwealth Division of Fisheries and Wildlife, drawdown rates should not exceed four cubic feet per second per square mile of drainage area (CFSM), as measured at the outlet structure. During re-impoundment, 0.5 cfsm should be maintained at the outflow.(7)Entry. During construction, the Commissioner or his or her designee may enter upon the property to inspect without prior notice and may direct any additional testing or actions as required.(8)Removal of Dams. If it is desirable to remove a dam due to new construction, abandonment or unsafe conditions, the owner shall be required to comply with 302 CMR 10.09 regarding the construction and repair of dams. Upon complete removal of the dam, the Commissioner will issue a Certificate of Approval stating that the removal has been in accordance with the approved plans and specifications, or any approved revisions thereof.Amended by Mass Register Issue 1332, eff. 2/10/2017.