Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 93 - Water Management › Article 3 - Dam Safety › 11 AAC 93.172 - Dam removal or abandonment

Current through May 31, 2024
(a) Before removing
				  or abandoning a dam, a person must apply to the department under this section
				  for a certificate of approval. Unless the department determines that an item or
				  document is not required for the protection of life or property, the following
				  information and documents must be submitted to the department for review and
				  approval:
(1) a completed application form
				  provided by the department, signed by the owner, and accompanied by a
				  non-refundable application fee described under 11 AAC05.260(c)(2), based on
				  estimates of the applicable costs prepared as required in 11AAC93.171(f)(4)(D);
(2) design drawings and
				  specifications for the proposed final configuration of the dam and reservoir
				  site; for Class I and Class II dams, design drawings and specifications must be
				  sealed by an engineer qualified under
				  11 AAC 93.193(a);
(3) a description of the method and means to
				  dewater or stabilize the reservoir and to breach, remove, or abandon the
				  dam;
(4) a description of the
				  method and means to control erosion at the site during and after the breach,
				  removal, or abandonment, including
(A)
				  controlling sediment transport from the area of the reservoir; and
(B) restoring the reservoir bed and stream
				  channel, or otherwise reclaiming the system;
(5) if the entire dam is not removed,
(A) a hydrologic and hydraulic evaluation of
				  the proposed final configuration of the dam or barrier during the probable
				  maximum flood or other inflow design flood determined in substantial accordance
				  with 11 AAC 93.195;
(B) a stability evaluation of the proposed
				  final configuration of the dam or barrier under static conditions and under
				  dynamic conditions using seismic parameters for the maximum design earthquake;
				  those parameters must be determined in substantial accordance with the
				  guidelines from the United States Army Corps of Engineers'
Earthquake
				  Design and Evaluation for Civil Works Projects,
publication ER
				  1110-2-1806, dated July 31, 1995 and adopted by reference, or must be
				  determined in substantial accordance with another approach approved by the
				  department to be adequate to protect life and property;
(C) operation and maintenance requirements
				  for the proposed final configuration of the dam or barrier; and
(D) a statement regarding whether the final
				  configuration of the dam or barrier constitutes a dam under
				  AS
				  46.17.900 and remains subject to regulation
				  under 11 AAC 93.151 -
				  11 AAC 93.201;
(6) for mine tailings dams, a
(A) description of the probable potential
				  failure modes of the dam and tailings storage system in the proposed final
				  configuration;
(B) description of
				  long-term expectations for consolidation of the dam and tailings, for the
				  phreatic surface of groundwater within the dam and tailings, for the
				  performance of the dam underdrain system, and for the quantity and
				  characteristics of seepage; and
(C)
				  performance bond or other financial assurance adequate to provide sufficient
				  money to pay for the costs of post-closure monitoring, operation, maintenance,
				  and inspection, as required under this section;
(7) a schedule for completing the
				  work;
(8) a description of the
				  steps that have been taken with regard to abandoning any water rights issued
				  under AS 46.15;
(9) a post-closure
				  monitoring and maintenance plan;
(10) an agreement to release, apply, or
				  transfer any bond or other financial assurance approved by the department under
				  11 AAC 93.171(d).