W. Va. Code R. § 47-34-17

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

Section 47-34-17 - Dam Repairs

17.1. General Repair Requirements - The Secretary may require repairs to be performed on a dam, whether or not the dam has a certificate of approval. Major repairs shall require a certificate of approval, issuance of which may or may not constitute final approval of the dam, as determined by the Secretary.

17.1.a. Routine Repairs (No Certificate Required) - Repairs conducted in accordance with the provisions of subsection 16.3. shall not normally require an application for a certificate of approval; however, the Secretary may require such an application based upon site-specific conditions.

17.1.b. Major Repairs (Certificate Required) - Any repairs to a dam other than routine repairs listed in subsection 16.3. shall require an application for a certificate of approval in accordance with the provisions of this rule.

17.2. Specific Repair Requirements.

17.2.a. Removal of Trees and Tree Roots - All trees shall be removed from the embankment and abutment areas, unless otherwise approved by the Secretary based upon site-specific conditions. Small trees with a base diameter of four (4) inches or less may be removed without removing the root system unless specific problems with the root system are evident. Larger trees may require special care in removal. The Secretary may require the removal of root systems of large trees if the potential for seepage along the root system exists. If removal of root systems requires extensive excavation of the embankment, the removal shall be considered a major repair requiring a complete application for a certificate of approval.

W. Va. Code R. § 47-34-17