Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-4-19 - Breaching of a Dam19.1. The owner of a dam must obtain a certificate of approval from the Secretary prior to breaching of the dam. A complete application in accordance with the provisions of Section 5.1 of these rules must be submitted to and approved by the Secretary prior to commencement of breaching activities. The application must include a plan package in accordance to applicable requirements of Section 6 and specific requirements delineated in this section of these rules. Narratives, plans, or specifications required under Section 6 of these rules which are clearly not applicable to the proposed breaching activities may be omitted from the submittal; however, the Secretary reserves the right to specify those items must be included in the breaching plan package.19.2. Breach Dimensions: The breach opening in the dam shall be designed so that any water resulting from design storm inflows that is temporarily impounded behind the residual structure shall be less than the height and storage requirements of a "dam" set forth in Section 2.7 of these rules. The breach shall be to original stream bottom level, except that a small impoundment of less than one (1) acre-foot storage may be retained for sediment control purposes.19.3. Breach Channel: The embankment shall be breached with a designed channel having the capacity to conduct the peak runoff from the design storm. The channel created by the breach shall have an erosion-preventive lining adequate to withstand the depth and velocity of peak flows from the design storm. The channel side slopes shall achieve a minimum stability factor of safety of 1.5.19.4. Safety: The impoundment shall be completely drained before the commencement of breaching operations. Breaching work shall be scheduled during dry weather using National Weather Service advice and will be completed quickly to reduce the potential of any risk to life and property from failure of dam.19.5. Blasting: If blasting is to be used in the breaching of a dam, a blasting plan shall be submitted to the Secretary for approval. The plan shall include the distance to the existing structures and the measures that will be taken to minimize air blast and flying materials. A pre-blast survey of existing nearby structures and water wells which may be affected by blasting may be required by the Secretary.19.6. Erosion and Sediment Control: Measures sufficient to comply with erosion and sediment control provisions in WV Surface Mining Reclamation Rules 38CSR2 shall be implemented during the breaching operation. The following measures shall also be implemented after breaching operations:19.7. Reservoir areas and sediment deposits therein shall be protected from erosion after the impounding capability has been eliminated by breaching of the dam.19.8. Disturbed areas, including faces on any remaining embankment must be protected by vegetation or other means approved by the Secretary.19.9. A channel in the reservoir may be required by the Secretary in order to re-establish a stream channel.19.10. Placement of earthen material: Material removed from the dam shall be placed in waste disposal areas delineated in the approved plan package. The material shall be graded and compacted as necessary and stabilized from erosion by vegetation or other means approved by the Secretary.19.11. Placement of non-earthen material: Concrete rubble and rock materials shall be placed in waste disposal areas delineated in the approved plan package. The material shall be placed in a manner to reduce hazardous conditions, protruding metal, wire, or bars are not allowed.19.12. Construction Practices: The requirements of Section 8 of these rules shall apply when breaching a dam unless they are not applicable to breaching operations. All applicable requirements will be specified in the plan package submittal.19.13. Safety of remaining structure. The remaining structure shall have sufficient strength to withstand the maximum hydraulic loading without failure.