Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-4-22 - Reduction of Dam Height to less than Jurisdiction22.1. An operator planning to reduce the height of a dam so that the remaining structure will no longer meet the definition of "dam" set forth in Section 2.7 of these rules must obtain a certificate of approval from the Secretary.22.2. 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 the Commencement of reduction activities. The application must also contain information showing that the remaining impounding structure will not cause loss of life or appreciable property damage downstream should that structure fail.22.2.a. The plan package submitted in order to reduce the height of a dam shall be in accordance with the applicable requirements of Section 6 of these rules and must also include the specific requirements indicated under this section of these rules. Narratives, plans or specifications which are clearly not applicable to the proposed reduction may be omitted from the submittal; however, the Secretary reserves the right to specify those items which must be in the reduction plan package.22.3. The remaining structure shall have a properly designed spillway system capable of passing a class A design storm without overtopping.22.4. The remaining structure will achieve a factor of safety in accordance with the relevant provisions of Section 11 of these rules as appropriate to the type of structure.22.5. The requirements of Section 12 of these rules shall apply when reducing the height of a dam unless clearly not applicable to the reduction operation; however, the Secretary reserves the right to specify which requirements are applicable.