Section 250-RICR-130-05-1.10 - ApprovalsA. Maintenance of a High or Significant Hazard Dam1. Maintenance of a high hazard dam or significant hazard dam, except for certain cutting or removal of trees, does not require an approval from the Department. To be exempt from Department approval, the cutting or removal of trees must be limited to those trees with a diameter less than 6 inches (measured 2 feet above the ground level) or that do not affect the integrity of the dam. If trees have a diameter greater than 6 inches (measured 2 feet above the ground level) then the dam owner shall first consult with a qualified engineer who will determine if the cutting or removal could jeopardize the integrity of the dam. The owner shall obtain a written report from the qualified engineer, if the qualified engineer determines that the cutting or removal is not a threat to the integrity of the dam, and keep a copy of the report on file. The report does not have to be filed with the Department. The owner shall file an application for repair of the dam in accordance with these rules and regulations if the qualified engineer determines that the cutting or removal is a threat to the integrity of the dam. Mowing or cutting of vegetation may be performed without an approval from the Department provided it is limited to areas on the dam and adjacent to the dam such that an area does not exceed fifteen (15) feet from the embankment, spillway or low level control structure. All other mowing or cutting of vegetation within freshwater wetlands will require a permit from the Director unless specifically exempted under the Wetlands regulations. Areas exceeding fifteen (15) feet from the embankment, spillway or low level control structure that have been historically mowed and maintained are specifically exempted under the Wetlands regulations. These areas can continue to be mowed without a permit from the Director.2. All maintenance activities shall comply with the following: a. Best management practices for erosion and sediment controls must be used. All controls must be maintained in effective operating condition during the activity, and all exposed soil and other fills must be permanently stabilized at the earliest possible date. (For guidance see Rhode Island Soil Erosion and Sediment Control Handbook and Rhode Island Stormwater Design and Installation Standards Manual).b. All equipment used for maintenance activities shall be removed from any freshwater wetland upon completion of the maintenance project.c. All maintenance activities shall be protective of water quality and freshwater wetland functions and values so as to prevent pollutants, sediment, direct discharge of stormwater runoff, or any material foreign to waters of the State including freshwater wetlands, or hazardous to life, from entering any waters of the State including freshwater wetlands.B. Repair of a High or Significant Hazard Dam 1. The dam owner must submit an application for repair of a high hazard dam or significant hazard dam directly to the Department's Dam Safety Program. Applications shall be in writing and on a form prescribed by the Director and shall contain such documentation and information as the Director may require, which may include but not be limited to the following:a. A locus map indicating the location of the dam in relation to other fixed infrastructure in the community such as roads, etc.b. Written justification explaining the need for the work.c. Three (3) sets of plans and specifications for the proposed work, prepared and stamped by a qualified engineer. The Department reserves the right to request additional copies for coordination with other State or federal permitting agencies.d. Plans drawn in sufficient detail to clearly indicate the extent and complexity of the work, including plan, profile and cross section views, along with any new, temporary or permanent access ways.e. Written description of the method of construction.f. Supporting computations and field measurements for all assumptions and design work (hydrologic, hydraulic, structural, geotechnical).g. Criteria and basis for selection of the design.h. Specifications of all material to be used in the repair.i. Estimated construction schedule including commencement and completion of the repairs.j. Amount (estimated vertical, horizontal and areal) and schedule of reservoir drawdown and schedule of reservoir recovery.k. If a temporary water by-pass or diversion is proposed, the dam owner shall provide plans, details and calculations for such by-pass or diversion. The design of the by-pass or diversion shall be capable of accommodating peak flows from a minimum of 95% of all storm events that may be expected to occur within the proposed construction period and contain a contingency provision to safely accommodate a 100-year, 24 hour duration Type III storm event. The design of the by-pass or diversion shall be capable of accommodating, at a minimum, peak flows in accordance with the following table. Construction Duration | Required Design Storm |
up to 3 months | 5 year |
3 months to 6 months | 10 year |
6 months to 1 year | 20 year |
1 year to 2 years | 50 year |
l. Supporting documentation to demonstrate that there is no practicable alternative to the proposed repair that would have less adverse impact on freshwater wetlands, that addresses the impact avoidance and minimization criteria specified in Appendix I, § 1.18 of this Part. A practicable alternative is defined as one that is "available and capable of being done after taking into consideration cost, existing technology and logistics in light of the overall project purposes".m. Contact name and telephone number of person(s) responsible for repair.n. Statement that a record drawing, certified by the qualified engineer responsible for design that the dam was repaired in conformance with the plan approved by the Director, will be provided to the Director upon completion of the work.2. The Director shall provide dam owners with written notice for any additional information the Director requires.C. Emergency Repair of a High or Significant Hazard Dam 1. The Director may grant verbal approval of an emergency repair consistent with the following requirements:a. Verbal or written request for permission to proceed with an emergency repair must be made by the owner or person maintaining or having control of a dam.b. The request must inform the Department of at least the following: (1) An explanation of the problem necessitating an emergency repair.(2) The reason why the problem represents an imminent threat to public safety or real property.(3) The location of the dam on which the repair is required.(4) The proposed actions necessary to correct the problem and complete the repair.(5) The person responsible for overseeing the repair, including means of contact.(6) The means proposed to restore any wetland areas following the emergency repair that may be required by the Director.c. Any emergency repair undertaken shall not result in a significant alteration of any wetland unless authorized by a permit issued by the Director.d. Alteration of wetlands shall not exceed work beyond that necessary to abate the emergency.e. Unless otherwise informed by the Director, the dam owner must submit a report, a record drawing and a permit application to the Department no later than thirty (30) days following the emergency repair. The report must explain the emergency repair undertaken, and the short-term and long-term effects that the emergency repair had on abating the emergency, any wetlands affected, any permanent, significant alteration which resulted from the activity, and all restoration activities undertaken, or which may still be required.f. The time limitation for performance of an emergency repair shall not exceed ten (10) days following initial approval by the Department unless written approval for an extension is obtained from the Department.g. Following submission of the record drawing required above, the applicant is required to comply with any additional activities necessary to prevent significant wetland alterations or to obtain a permit as detailed in writing by the Department.2. An emergency repair may be taken by the owner or person maintaining or having control of a dam without prior Department approval in accordance with § 1.12 of this Part. The Department will evaluate the emergency repair to determine if it is consistent with § 1.10(C) of this Part. The Department will consider good faith efforts made by the owner or person maintaining or having control of the dam to obtain prior approval from the Department for the emergency repair.D. Procedures for Review of Applications 1. In consideration of the application, the Department may use, but is not limited to, the criteria, manuals and procedures used by the following agencies: a. The United States Army Corps of Engineers.b. The United States Department of Agriculture, Natural Resources Conservation Services.c. The United States Department of Energy, Federal Energy Regulatory Commission.d. The United States Department of Homeland Security, Federal Emergency Management Agency.e. The United States Department of the Interior, Bureau of Reclamation.2. At any time during the review, the Director may:a. Require that the dam owner provide such information as the Director deems necessary for the review of the application.b. Issue an approval requiring such terms, conditions, management practices and operation and maintenance requirements as deemed necessary to comply with the requirements of applicable state laws.c. Deny the application for failure to satisfy the requirements of applicable laws and advise the dam owner of the right to appeal under § 1.15 of this Part. A denial may be based on, but is not limited to, any of the following: (1) Failure to submit any information required by the Department.(2) Failure to provide clear and convincing documentation demonstrating, to the satisfaction of the Director, that the project will not violate these rules and regulations.E. Public Notice The Director may require the applicant to provide written notice of the planned repair to abutters of the dam and reservoir and to the municipality(s) in which the dam and reservoir are located. In general, an abutter will be limited to a property owner with frontage on the reservoir. The Director may prescribe a form or a format for such notice.
F. Effect of Approval 1. The issuance of an approval mandates compliance with all terms, conditions, management practices and operation and maintenance requirements set forth in the approval.2. The issuance of an approval does not relieve any person of the continuing responsibility to comply with any other applicable federal, state or local law or regulation.3. The issuance of an approval does not relieve any person of the responsibility for obtaining any other necessary permits or approvals from any federal, state, regional, or local agency.4. The issuance of an approval does not authorize any injury to persons or property or invasion of other private rights, or any infringement of federal, state or local law or regulations.G. Modification, Suspension or Revocation of Approval 1. The Director may modify, suspend, or revoke, in whole or in part, an approval for cause, including, but not limited to, the following: a. Information indicating that the project will result in an unsafe condition of the dam.b. The existence of a factor or factors which, if properly and timely brought to the attention of the Director, would have justified the application of more or less stringent conditions than required by these regulations, but only if such factor(s) arose after the approval was issued.c. Where circumstances on which the approval was based have materially and substantially changed since the approval was issued, including but not limited to pertinent amendment of these rules and regulations.d. The information or data submitted by the dam owner either on the form required or in any other material in support of the application is found to be false, misleading or erroneous.e. The project is not undertaken in strict compliance with the conditions or provisions of any approval issued by the Department.2. A notice of revocation/suspension of an approval will be in the form of a certified letter notifying the dam owner of the revocation or suspension and the reasons why the approval is being revoked or suspended. Such notice shall be in conformance with the Administrative Procedures Act, R.I. Gen. Laws §§ 42-35-9(b) and 42-35-14.3. The dam owner issued a notice of revocation/suspension of an approval may request an adjudicatory hearing to contest the revocation as set forth in the provisions of § 1.15 of this Part. A notice of revocation/suspension of an approval automatically becomes a final order of the Director enforceable in Superior Court upon failure to request said adjudicatory hearing.4. Modification of an approval shall be in accordance with § Part 1.10(B) of this Part.250 R.I. Code R. 250-RICR-130-05-1.10