Rule 391-3-8-.03 - Inventory and Classification(1) It shall be the duty of the Director to inventory the dams in this state and to classify each dam into one of the following categories: (2) The inventory shall consist of all dams not excluded under Rule 391-3-8-.04 subsections (a), (b), (c), (e) and (f).(3) When an existing Category II dam may be reclassified to a Category I dam because of proposed development downstream of the dam, the governing authority issuing the permit for the development shall provide for review by the Safe Dams Programs the following information:(a) locations of the Category II dam and the proposed development; and(b) a surveyed cross-section of the stream valley at the location of the proposed development, including proposed finished floor elevations; and(c) a dam breach analysis to establish the height of the flood wave in the downstream floodplain. The analysis shall be completed by an engineer in accordance with the current version of the Safe Dams Program Engineer Guidelines.(4) If the Director determines that an existing Category II dam will be reclassified to a Category I dam if the proposed development occurs, then the owner of the existing Category II dam may request an inspection from the Director within ten (10) days of notification of the proposed development by the local governing authority. The preliminary visual inspection shall be carried out in accordance with Rule 391-3-8-.08(2)(b) and Rule 391-3-8-.08(3)(d)(2)(i) & (ii). Detailed surveys, hydrologic and hydraulic analyses will not be performed, however, the Director may provide an opinion on the hydraulic adequacy of the dam.(5) A written evaluation of the existing Category II dam's compliance with Category I requirements will be provided to the owner of the dam and the local governing authority based on the preliminary visual inspection by the Safe Dams Program.Ga. Comp. R. & Regs. R. 391-3-8-.03
O.C.G.A. §§ 12-5-370 through 12-5-385.
Original Rule entitled "Scope and Exclusions" was filed as Emergency Rule 391-3-8-.05 -.03 on August 28, 1978, effective July 28, 1978, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency.Amended: Permanent Rule of the same title adopted superseding Emergency Rule 391-3-8-.05 -.03. Filed August 31, 1978; effective September 20, 1978.Amended: Rule renumbered as Rule 391-3-8-.04 and a new Rule 391-3-8-.03 entitled "Inventory and Classification" adopted. Filed October 29, 1985; effective November 18, 1985.Amended: F. Aug. 31, 1990; eff. Sept. 20, 1990.Amended: F. Oct. 5, 1998; eff. Oct. 25, 1998.Amended: Title changed from "Inventory and Classification. Amended" (as recorded in Official Compilation, eff. Nov. 18, 1985) to "Inventory and Classification." F. Sep. 13, 2016; eff. Oct. 3, 2016.