W. Va. Code R. § 38-4-20

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 38-4-20 - Removal of a Dam
20.1. Application for removal of dam: The owner of a dam must obtain a certificate of approval from the Secretary prior to the removal of the dam. A complete application in accordance with provisions of Section 5.1 of these rules must be submitted to and approved by the Secretary prior to the commencement of removal activities.
20.2. Plan Package Requirements: The plan package submitted in order to remove a dam shall be in accordance with the applicable requirements of Section 6 of these rules and must also include specific requirements of this section of these rules.
20.3. Removal Requirements: Removal of a dam shall consist of complete removal of the structure to the original ground except in special cases where it may be necessary or advantageous to leave small sections of the structure. Unless otherwise approved by the Secretary, the removal of a dam shall consist of complete removal of the structure to approximate original contour.
20.4. Safety: Reservoir shall be completely drained before removal operations. Removal work shall be scheduled during dry weather using National Weather Service advice and proceed quickly to reduce the potential for impounding water.
20.5. Blasting: If blasting is to be used in the removal of a dam, a blasting plan shall be submitted to the Secretary for approval. The plan shall include distance to existing structures and the measures that will be taken to minimize airblast and ground vibrations and flying materials. A pre-blast survey of nearby structures and water wells which may be necessary. Blasting requirements are to comply with all applicable state and federal laws in the use of explosives.
20.6. Erosion and Sediment Control: Erosion and sediment control measures sufficient to comply with provisions of Section 8.13 of these rules shall be implemented during the removal operation. The following measures shall also be implemented:
20.7. Reservoir areas, and the sediment deposits there in shall be protected from erosion after impounding capability has been eliminated by the removal of the dam. Disturbed areas, including the faces on any remaining embankment must be protected by vegetation or other means approved by the Secretary.
20.8. A channel in the reservoir sediment may be required by the Secretary in order to re-establish a stream channel. Permanent sediment basins, subject to ongoing maintenance, may be required by the Secretary, if the dam owner cannot demonstrate the effectiveness of other structural and vegetative measures in stabilizing the reservoir area and dam site.
20.9. 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.
20.10. Placement of non-earthen material concrete rubble and other rock material shall be placed in waste disposal areas delineated in approved plan. The material shall be placed in a manner to reduce hazardous conditions, protruding metal, wire or bars are prohibited.
20.11. Safety of remaining structure: The remaining portion of the structure must have sufficient strength to support the maximum hydraulic loading without failure.
20.12. Construction practices: The requirements of Section 8 of these rules shall apply when removing a dam unless clearly not applicable to the removal operation; however, the Secretary reserves the right to specify which requirements are applicable.

W. Va. Code R. § 38-4-20