Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-34-8 - Construction or Modification of a Dam8.1. Construction Requirements. 8.1.a. Notification of the Commencement of Construction - Prior to the commencement of construction activities in the project area, the person who has been issued a certificate of approval, or his or her representative, shall notify the Secretary of the following: 8.1.a.1. The intent of the contractor to start construction in the project area and the date of such start-up.8.1.a.2. The name, address, and telephone number of the owner's authorized contact person at the project area who is responsible for communicating with the Dam Safety Section and for receiving inspections reports and legal notifications.8.1.b. Conformance with Plans - All work undertaken in the construction or modification of a dam shall be in strict conformance with the plans and specifications contained in the plan package submitted under subsection 5.1 and approved by the Secretary. Any changes to the approved plans and specifications shall be submitted to and approved by the Secretary prior to implementation.8.1.c. On-Site Documents - A copy of the certificate of approval, the approved plans and specifications, all outstanding notices to comply or orders to comply that have been issued by the Secretary, and the monitoring and emergency action plans prepared in accordance with the provisions of subsection 15.6 and subsection 15.7 shall be available at the project area office for reference by construction personnel and the Secretary.8.1.d. Adverse Weather Conditions - Construction work shall be suspended on all or part of the project when adverse weather conditions (e.g., prolonged precipitation, extreme temperatures) jeopardize the performance of work in conformance with the approved plan package.8.1.e. Clearing and Grubbing - Clearing and grubbing shall be performed in the foundation, borrow, and soil stockpile areas. Clearing is required in the maximum permanent pool area unless otherwise approved by the Secretary.8.1.f. Foundation Preparation - Foundation preparation shall include installation of keyways and subdrains, removal of soft areas, and similar project area preparation operations dictated by the approved plans and specifications and by project area conditions. The foundation shall be inspected by the Secretary prior to placement of embankment materials. If foundation problems are discovered during this inspection, additional foundation preparation may be required by the Secretary.8.1.g. Placement of Materials.8.1.g.1. All fill shall be placed in accordance with the approved plans and specifications.8.1.g.2. Compaction testing shall be completed as specified in the approved specifications; the results of such testing shall be reported in accordance with the provisions of subdivision 8.4.a.8.1.g.3. Filter drains shall be constructed in accordance with the approved plans and specifications. Filter material shall be tested for compliance with design gradations; the results of such testing shall be reported in accordance with the provisions of subdivision 8.4.a. Filter materials shall be placed to prevent segregation and contamination and shall be concurrently covered to prevent contamination or damage.8.1.h. Grading. 8.1.h.1. All fill shall be graded in accordance with the approved plans and specifications.8.1.h.2. The working surface and outslopes of the fill shall be concurrently graded through all phases of embankment construction.8.1.h.3. The top of the fill shall be crowned to provide positive drainage during construction.8.1.h.4. Final grading shall be conducted in order to facilitate revegetation.8.1.i. Spillways and Appurtenances.8.1.i.1. Spillways and appurtenances shall be constructed in accordance with the approved plans and specifications.8.1.i.2. When downslope placement of fill material is used in the construction of spillways, the fill material shall be compacted in horizontal layers to achieve the design configuration.8.1.i.3. All riprap material shall be of hard, durable rock which is not acid-forming or toxic. Riprap shall be placed to prevent size segregation.8.1.i.4. When bedding is used under riprap, the rock material shall be placed in a manner so as not to damage or contaminate the bedding.8.1.i.5. When protective channel linings are specified, the linings shall be installed as soon as the channel is constructed to grade in accordance with the approved plans and specifications.8.1.i.6. When concrete is used in construction of spillways and appurtenances, the concrete shall be placed, cured, and finished in accordance with the provisions of part 7.4.a.1.B.2. through part 7.4.a.1.B.4. Standard engineering tests shall be performed in accordance with the provisions of paragraph 8.2.b.1. and reported in accordance with the provisions of subdivision 8.4.a.8.1.i.7. All pipes, risers, and appurtenances shall be installed in accordance with the approved plans and specifications. Compaction testing shall be completed to ascertain that fill material around pipes, risers, and appurtenances has been placed in accordance with the approved plans and specifications; the results of such testing shall be reported in accordance with the provisions of subdivision 8.4.a. Sufficient fill shall be placed over pipes so as to prevent damage by heavy equipment.8.1.j. Minimum Stream Flow - An adequate flow of water may be required by the Secretary in the stream below the dam during construction and reservoir filling to maintain water quality in the stream and to support fish and other aquatic life. The Secretary may require stream flow augmentation in accordance with the provisions of subdivision 15.3.b.8.1.k. Blasting - Blasting may only be utilized in accordance with and as specified in the approved plans and specifications. Blasting based upon unforeseen project area conditions not covered in the approved plan package shall not be performed prior to approval by the engineer with the concurrence of the Secretary.8.1.l. Storm Water Discharge - The sequence of construction work shall be planned to maximize the safe discharge of storm water while minimizing the amount of water retained in the impoundment. Either the principal spillway structures, including inlets and outlets, shall be operable prior to placement of construction material above the original valley elevation or diversion channels approved by the Secretary shall be in place.8.1.m. Erosion and Sediment Control.8.1.m.1. General Requirements - Erosion and sedimentation must be controlled to prevent a degradation of land and streams below the dam or project area, including visible deposits of sediment, and to prevent any violation of State water quality standards. Erosion and sediment control measures shall, at the minimum, conform with current erosion and sediment control reference manuals and apply to the entire project area.8.1.m.2. Specific Requirements - Cleared areas, borrow areas, disturbed areas along stream channels and waterways, and fills, whether complete or in progress, must be equipped with erosion and sediment control devices (i.e., diversions, waterways, sediment basins, straw bale dikes, or silt fences). 8.1.m.2.A. Location of Sediment Control Devices - Erosion and sediment control devices must be located as close to the disturbed area as practical. Effort must be made to contain the sediment load within the disturbed area in order to prevent the entry of sediments into the natural drainway or stream.8.1.m.2.B. Removal of Sediment Control Devices - Erosion and sediment control devices must remain in place until permanent vegetation is established or the area is otherwise stabilized. Prior to the removal of the devices, trapped sediment must be removed and placed in a location approved by the Secretary. Straw bale dikes and silt fences must be removed when no longer needed; sediment basins or ponds must be abandoned in a manner approved by the Secretary. Barren and denuded areas remaining after the removal of a control device must be revegetated. 8.1.m.2.B.1. The Secretary may modify or waive the requirements of subparagraph 8.1.m.2.B. for erosion and sediment control devices that are located within the impoundment area of the dam.8.1.m.2.C. Cleaning Frequency - Sediment control diversions, silt fences, straw bale dikes, and waterways must be inspected once each week, and after each rainfall, and accumulated sediment must be removed in order to maintain design capacity. Sediment ponds, basins, and traps must be restored to design capacity when sediment accumulation approaches sixty percent (60%) of design capacity, or more frequently if so specified by the Secretary in writing.8.1.m.2.D. Temporary Seeding and Mulching - Temporary seeding and mulching shall be utilized on bare areas where no construction activity is anticipated for a period of three (3) or more weeks. Areas that shall receive seeding and mulching include the reservoir area, borrow areas, soil stock piles, and steep fill slopes where no further work is planned prior to final grading. Where seeding is not feasible due to severe slope or time of year, the Secretary may approve mulching alone at a rate of three (3) tons of straw or hay per acre, or equivalent.8.1.m.2.E. Water Routing - Water that is pumped or drained from work areas (e.g., excavations, foundations, and below grade fills) must be routed to properly-sized sediment control devices so that any sediment contained in the water is removed prior to discharge of the water from the project area. Pump discharges may not cause erosion or suspension of additional solids. No untreated water may be pumped or drained to the natural stream or stream diversion channel.8.1.m.2.F. In-Stream Treatment - Barriers, such as silt fences or straw bales, located in the natural drainway or stream will not be considered acceptable as the primary means of sediment control for the project area. Properly designed sediment basins or ponds may be used for sediment control in the natural drainway or stream if the location of the basin or pond does not cause significant additional disturbance in undisturbed downstream areas. Use of a starter dike or the dam under construction may be considered appropriate for sediment control of the reservoir area provided the necessary detention time is achieved.8.1.m.2.G. Sediment Control During Construction - Erosion and sediment control measures must be in place prior to the beginning of dam construction activities. Clearing and grubbing or sediment control measures not specified for the beginning of construction must be implemented in a timely manner as needed.8.1.m.2.H. Permanent Erosion Measures - Permanent measures (e.g., vegetation, grading, diversions, waterways, and outlet structures) shall be included on all completed or existing dams, where applicable, to prevent the erosion of embankments, abutments, stream channels, and waterways during the life and operation of the dam.8.1.n. Disposal of Construction Wastes.8.1.n.1. General Disposal Requirements - All waste materials that result from construction activities shall be disposed of in a manner approved by the Secretary.8.1.n.2. Specific Disposal Requirements. 8.1.n.2.A. Surplus Waste Materials - Surplus soil and rock materials shall be deposited in waste disposal areas delineated in the approved plans.8.1.n.2.B. Organic Waste Materials - Trees, brush, root masses, and construction-related wood materials may be either buried in waste disposal areas delineated in the approved plan package or burned in accordance with local and State burning ordinances8.1.n.2.C. Concrete Waste Materials - New or old waste concrete materials may be disposed of in areas approved by the Secretary for surplus soil and rock materials. New, unset waste concrete shall not be deposited in a location where it will enter watercourses, either directly or indirectly as a result of runoff. After it has set, the new waste concrete may be moved to waste disposal areas delineated in the approved plans.8.1.n.2.D. Other Waste Materials - Chemicals, petroleum products, plastics, garbage, sewage, and any associated containers shall be disposed of in a manner approved by the Secretary.8.1.n.2.E. Off-Site Waste Materials - No waste materials or soil waste may be transported to the project area for disposal.8.1.o. Dust Abatement - The contractor shall fully suppress dust on haul and access roads and as necessary within the project area. Water, or an alternative dust palliative approved by the Secretary, shall be used for dust suppression; the use of oil or waste oil is prohibited.8.1.p. Access Roads - A permanent access road shall be provided to each dam site. The road must be adequate for emergency vehicular traffic. Single lane unpaved roads are acceptable provided the roads are properly maintained. The access road must be designed and located as to not be unduly affected by stream or spillway flows during heavy rainfall events. The road may be secured with a locked gate provided that the key is available to dam monitors and State and local emergency personnel for emergency response.8.2. Quality Control. 8.2.a. Construction Monitoring. 8.2.a.1. All construction activities shall be monitored by an engineer or his or her designated representative. Construction monitoring shall not be the responsibility of the construction contractor unless specifically approved by the Secretary in writing.8.2.a.2. Responsibility for assessing the quality of the workmanship and ascertaining compliance with the approved plans and specifications shall be vested primarily in the owner's engineer. The Dam Safety Section shall also monitor construction activities and workmanship in order to ascertain compliance with the approved plans and specifications, in accordance with the provisions of W. Va. Code § 22-14-9.8.2.a.3. Critical phases of construction shall be monitored by the engineer or his or her designated representative constantly during active construction; noncritical phases of construction shall be checked at least once per day during active construction.8.2.a.4. Additional supervision or testing will be required by the Secretary if evidence of inadequate construction supervision exists.8.2.b. Materials Testing - Construction materials shall be periodically tested on-site to ascertain compliance with design specifications in the approved plan package. Final quality control testing shall not be the responsibility of the construction contractor. 8.2.b.1. Concrete Testing - Routine tests of slump, air entrainment, and temperature shall be performed on each truck delivery. Cylinder samples for compression testing shall be taken each day or every twenty-five (25) cubic yards of delivered concrete, whichever is more frequent, unless otherwise required by the Secretary.8.2.b.2. Earth Fill Testing - Earth fill materials shall be tested for compaction and moisture content every alternate layer or each one thousand (1,000) cubic yards, whichever is more frequent. Random fill shall be evaluated for compliance with approved gradation specifications. Critical fill areas shall have gradation tests performed to evaluate compliance with the approved specifications.8.2.b.3. Filter Materials Testing - Gradation tests shall be performed on filter materials. Close visual observation for signs of material segregation shall be performed. Additional tests may be required by the Secretary to determine durability and soundness of the filter material.8.3. Construction Inspections. 8.3.a. Inspections During Construction. 8.3.a.1. A visual inspection for construction progress, unstable conditions, quality control, and conformance with the approved plans and specifications shall be held at least once each working day (or more frequently as determined by the engineer). The inspection shall be performed by an engineer or a person under the direct supervision of the engineer. The frequency of inspection may be changed by the Secretary depending upon specific project area conditions.8.3.a.2. Additional inspections shall be held after each heavy rainfall event in order to detect problems and propose remedial measures. These inspections shall be performed by an engineer or a person under the direct supervision of the engineer.8.3.a.3. Instrumentation shall be monitored every seven (7) days unless otherwise specified by the engineer. Monitoring shall be performed by an engineer or a person under the direct supervision of the engineer. The frequency of monitoring may be changed by the Secretary depending upon specific project area conditions.8.3.b. Final Construction Inspection - Upon the completion of the construction or modification of a dam, a joint inspection shall be conducted by the Secretary and the engineer. The purpose of the inspection is to verify that all work has been accomplished in accordance with the approved plan package.8.3.c. Acceptance of Construction - When the dam owner is advised by the Secretary that the construction appears satisfactory, the owner shall submit to the Secretary a certification by an engineer that all construction was in substantial conformance with the approved plans and specifications, including any modifications that have been approved by the Secretary. This certification shall be submitted within ninety (90) days of the Secretary's advisement. As-built drawings, including all variations from the original specifications and changes in location of borrow or waste disposal areas, shall be submitted with the engineer's certification. If substantial modifications of the original specifications have been made during the construction period, the Secretary may require that a corrected application form be submitted. Upon the receipt of the engineer's certification with the as-built drawings (and a corrected application form, if necessary), a letter of acceptance will be issued by the Secretary.8.3.d. Completed Dams - After acceptance of construction by the Secretary, the dam and its appurtenances shall be inspected annually for a period of three (3) years by an engineer experienced in such inspections. The Secretary reserves the right to attend any inspection and require prior notification of the inspection by the owner of the dam. A report of each inspection shall be prepared and filed with the Secretary in accordance with the provisions of subdivision 15.5.a.8.4. Construction Reporting Requirements.8.4.a. Monthly Progress Reports During Construction - A written report containing the results of each inspection of construction progress shall be submitted to the Secretary every month while the dam and its appurtenances are under construction. The report shall include, but not be limited to, specific instrumentation readings, test results, freeboard, crest elevation, and specific construction or quality control problems with documentation of implemented solutions. Upon the completion of the construction or modification of the dam, notice shall be given by the dam owner to the Secretary so that a final construction inspection can be made in accordance with the provisions of subdivision 8.3.b.8.4.b. Post-Construction Inspection Reports - A report shall be submitted to the Secretary by the dam owner reporting the findings of the final construction inspection required under subdivision 8.3.b. Certification by an engineer shall be submitted to the Secretary with the inspection report to verify that the dam and its appurtenances were constructed in substantial conformance with the approved plans and specifications and that the dam and its appurtenances are functioning as designed.