W. Va. Code R. § 47-34-10

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-34-10 - Removal of a Dam

10.1. Application to Remove a 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 the provisions of subsection 5.1. must be submitted to and approved by the Secretary prior to the commencement of removal activities.

10.1.a. Plan Package Requirements - The plan package submitted in order to remove a dam shall be in accordance with the applicable requirements of section 6 and must also include the specific requirements delineated in subsection 10.2 through subsection 10.8. Narratives, plans, or specifications required under section 6 which are clearly not applicable to the proposed removal activities may be omitted from the submittal; however, the Secretary reserves the right to specify those items which must be included in the removal plan package.

10.2. Removal Requirements - Removal of a dam shall consist of the 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. A total of no more than ten percent (10%) of the length of the structure may remain at the abutment areas.

10.3. Safety - Reservoirs shall be completely drained before removal operations begin. Removal work shall be scheduled during dry weather using National Weather Service advice and proceed quickly to reduce the potential for impounding water.

10.4. 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 air blast and flying materials. A pre-blast survey of existing nearby structures and water wells which may be affected by blasting may be necessary.

10.5. Erosion and Sediment Control - Erosion and sediment control measures sufficient to comply with the provisions of subdivision 8.1.m. shall be implemented during the removal operation. The following measures shall also be implemented:

10.5.a. Reservoir areas, and the sediment deposits therein, shall be protected from erosion after the impounding capability has been eliminated by the removal of the dam;

10.5.b. Silt deposits and barren areas in the reservoir shall be stabilized and revegetated;

10.5.c. Disturbed areas, including the faces on any remaining embankment, must be protected by vegetation or other means approved by the Secretary;

10.5.d. A channel in the reservoir sediment may be required by the Secretary in order to reestablish a stream channel; and

10.5.e. 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.

10.6. 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.

10.7. Placement of Non-Earthen Material - Concrete rubble and other rock material 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 prohibited. The requirements of subdivision 8.1.n. shall apply to the disposal of any other waste materials generated by the removal operation.

10.8. Safety of Remaining Structure - If any portion of the structure remains, that portion shall have sufficient strength to support the maximum hydraulic loading without failure. The engineer shall attempt to reduce or eliminate hazards associated with an "attractive nuisance."

10.9. Construction Practices - The requirements of section 8 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. § 47-34-10