W. Va. Code R. § 47-34-12

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

Section 47-34-12 - Reduction or Enlargement of a Dam

12.1. Reduction of Dam Height To Less Than Jurisdiction.

12.1.a. A person planning to reduce the height of a dam so that the remaining structure will no longer meet the definition of "dam" set forth in subsection 2.12. must obtain a certificate of approval from the Secretary.

12.1.b. 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 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.

12.1.b.1. Plan Package Requirements - The plan package submitted in order to reduce the height of a dam shall be in accordance with the applicable requirements of section 6 and must also include the specific requirements delineated in subdivision 12.1.c. and subdivision 12.1.d. Narratives, plans, or specifications required under section 6 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 included in the reduction plan package.

12.1.c. The remaining structure shall have a properly designed spillway system capable of passing a Class 3 design storm without overtopping.

12.1.d. The remaining structure shall achieve a factor of safety in accordance with the provisions of subparagraph 7.4.b.1.C. or subparagraph 7.4.b.2.B. as appropriate to the type of structure.

12.1.e. The requirements of section 8 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.

12.1.f. The Secretary shall retain jurisdiction over the remaining structure until the reduction operation is completed and a letter of acceptance has been issued by the Secretary.

12.2. Enlargement of a Structure to Jurisdiction.

12.2.a. A person planning to enlarge an existing structure so that the completed structure will meet the definition of "dam" set forth in subsection 2.12. must obtain a certificate of approval from the Secretary.

12.2.b. 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 enlargement activities.

12.2.b.1. Plan Package Requirements - The plan package submitted in order to enlarge a structure to jurisdiction shall be in accordance with the applicable requirements of section 6. Narratives, plans, or specifications required under section 6 which are clearly not applicable to the proposed enlargement may be omitted from the submittal; however, the Secretary reserves the right to specify those items which must be included in the enlargement plan package.

12.2.c. The Secretary will require adequate drilling and testing of the existing structure and foundation to ascertain in place conditions.

12.2.d. The requirements of section 8 shall apply when enlarging a structure to jurisdiction unless clearly not applicable to the enlargement operation; however, the Secretary reserves the right to specify which requirements are applicable.

W. Va. Code R. § 47-34-12