W. Va. Code R. § 38-4-12

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-4-12 - Construction or Modification of a Dam
12.1. Notification of Commencement of Construction: Prior to the commencement of construction activities in the project area, the person who has been issued a certificate of approval, or his representative, shall notify the Secretary of the following:
12.1.a. The intent of the contractor to start construction in the project area and the date of such start-up.
12.1.b. The name, address, and telephone number of the owner's authorized contact person at the project-area who is responsible for communicating with the Secretary's regional dam control representative and for receiving inspection reports and legal notifications.
12.2. Conformance with plans: All work undertaken in the construction or modification of a dam shall be in conformance with approved plans and specifications. Any changes to the approved plans and specifications shall be submitted to and approved by the Secretary prior to implementation.
12.3. On-Site Documents: A copy of the certificate of approval, the approved plans and specifications, all outstanding notices or orders issued by the Secretary, and the monitoring the emergency action plans prepared in accordance with the provisions of Sections 32 and 33 of these rules shall be available at the project area office for reference by the construction personnel and the Secretary's representative.
12.4. Adverse Weather Conditions: Construction work shall be suspended on all or part of the project when adverse weather conditions (e.g. prolonged precipitation, extreme temperatures) jeopardize the performance of work in conformance with the approved plans.
12.5. Clearing the Grubbing: Clearing and grubbing shall be performed in the foundation, stockpile and pool area.
12.6. Foundation Preparation: Foundation preparation shall include installation of keyways and subdrains, removal of soil and those project areas where preparation is dictated by the approve plans and specifications. The foundation shall be inspected by a registered professional engineer experienced in the construction of dams. The foundation shall also be inspected by the Secretary's representative prior to placement of embankment materials. If foundation problems are discovered during these inspections, additional foundation preparation may be required by the Secretary.
12.7. Placement of Materials.
12.7.a. All fill materials shall be placed in accordance with approved plans and specifications.
12.7.b. Compaction testing shall be conducted as specified in approved specifications; the results of such testing shall be reported in accordance with the provisions of Section 17.5 of these rules.
12.7.c. Filter drains shall be constructed in accordance with the approved plans and specifications. Filter material shall be tested for compliance with design gradations; the results of such testing shall be reported in accordance with the provisions of Section 17.5 of these rules. Filter materials shall be placed to prevent segregation and contamination and shall be concurrently covered to prevent contamination or damage.
12.7.d. Grading: All fill materials shall be graded in accordance with the approved plans and specifications. The working surface and outslopes shall be concurrently graded through all phases of embankment construction. The top of the fill shall be crowned to provide positive drainage during construction. Final grading shall be conducted in order to facilitate revegetation.
12.8. Spillways and Appurtenances.
12.8.a. Spillways and appurtenances shall be constructed in accordance with the approved plans and specifications.
12.8.b. All riprap material shall be of hard, durable rock which if not acid-forming or toxic riprap shall be placed to prevent size segregation.
12.8.c. When bedding is used under riprap, the rock material shall be placed in a manner so as not to damage or contaminate the bedding.
12.8.d. When protective channel linings are specified the linings shall be installed as soon as the channel is constructed to grade in accordance with the approved plans and specifications.
12.8.e. When concrete is used in construction of spillways and appurtenances, the concrete shall be placed, cured and finished in accordance with the provisions of Section 11 of these rules. Standard tests shall be performed in accordance with the provisions of Section 18.5 of these rules and reported in accordance with the provisions of Section 30 of these rules.
12.8.f. All pipes, risers and appurtenances shall be installed in accordance with the approved plans and specifications. Compaction testing shall be completed to ascertain that fill material around pipes, risers and appurtenances has been placed in accordance with the approved plans and specifications, the results of such testing shall be reported in accordance with the provisions of Section 17.5 of these rules. Sufficient fill shall be placed over pipes so as to prevent damage by heavy equipment.
12.8.g. All freshwater dams that have gated drainpipe for draining the impoundment shall have a gated valve located in the reservoir or in the saturated zone upstream of the cutoff wall or impermeable barrier. The elevation of the gate system shall be such that the reservoir can be drained completely to original stream level. The drain system shall be able to drain ninety percent (90%) of the volume of stored water at normal pool in ten(10) days including normal base flow.
12.8.h. Minimum Stream Flow: An adequate flow of water in the stream below the dam during construction and reservoir filling will be required to maintain water quality in the stream and to support fish and other aquatic life.

W. Va. Code R. § 38-4-12