reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 10.1-502 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC50-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-10 - Authority

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is promulgated by the Virginia Soil and Water
					 Conservation Board in accordance with the provisions of the Dam Safety Act,
					 Article 2, Chapter 6, Title 10.1 (§ 10.1-604 et seq.), of the Code of
					 Virginia.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-20 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter provides for the proper and safe design, construction, operation and
				  maintenance of impounding structures to protect public safety. This chapter
				  shall not be construed or interpreted to relieve the owner or operator of any
				  impoundment or impounding structure of any legal duties, obligations or
				  liabilities incident to ownership, design, construction, operation or
				  maintenance.
B. Approval by the
				  board of proposals for an impounding structure shall in no manner be construed
				  or interpreted as approval to capture or store waters. For information
				  concerning approval to capture or store waters, see Chapter 8 (§
										62.1-107
				  ) of Title 62.1 of the Code of Virginia, and other provisions of law as may be
				  applicable.
C. In promulgating this
				  chapter, the board recognizes that no impounding structure can ever be
				  completely "fail-safe," because of incomplete understanding of or uncertainties
				  associated with natural (earthquakes and floods) and manmade (sabotage)
				  destructive forces; with material behavior and response to those forces; and
				  with quality control during construction.
D. All engineering analyses required by this
				  chapter, including but not limited to, plans, specifications, hydrology,
				  hydraulics and inspections shall be conducted or overseen by and bear the seal
				  of a professional engineer licensed to practice in Virginia.
E. Design, inspection and maintenance of
				  impounding structures shall be conducted utilizing competent, experienced,
				  engineering judgment that takes into consideration factors including but not
				  limited to local topography and meteorological conditions.
F. The owner shall ensure all information
				  required to be submitted under this chapter be provided to the department via
				  the electronic Dam Safety System (DSIS), unless prior approval for an
				  alternative method of submission is granted by the department.
Statutory Authority: §
												10.1-605
						of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-40 - Hazard potential classifications of impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Impounding
				  structures shall be classified in one of three hazard classifications as
				  defined in subsection B of this section and Table 1.
B. For the purpose of this chapter, hazards
				  pertain to potential loss of human life or damage to the property of others
				  downstream from the impounding structure in event of failure or faulty
				  operation of the impounding structure or appurtenant facilities. Hazard
				  potential classifications of impounding structures are as follows:
1. High Hazard Potential is defined where an
				  impounding structure failure will cause probable loss of life or serious
				  economic damage. "Probable loss of life" means that impacts will occur that are
				  likely to cause a loss of human life, including but not limited to impacts to
				  residences, businesses, other occupied structures, or major roadways. Economic
				  damage may occur to, but not be limited to, building(s), industrial or
				  commercial facilities, public utilities, major roadways, railroads, personal
				  property, and agricultural interests. "Major roadways" include, but are not
				  limited to, interstates, primary highways, high-volume urban streets, or other
				  high-volume roadways, except those having an AADT volume of 400 vehicles or
				  less in accordance with
				  4VAC50-20-45.
2. Significant Hazard Potential is defined
				  where an impounding structure failure may cause the loss of life or appreciable
				  economic damage. "May cause loss of life" means that impacts will occur that
				  could cause a loss of human life, including but not limited to impacts to
				  facilities that are frequently utilized by humans other than residences,
				  businesses, or other occupied structures, or to secondary roadways. Economic
				  damage may occur to, but not be limited to, building(s), industrial or
				  commercial facilities, public utilities, secondary roadways, railroads,
				  personal property, and agricultural interests. "Secondary roadways" include,
				  but are not limited to, secondary highways, low-volume urban streets, service
				  roads, or other low-volume roadways, except those having an AADT volume of 400
				  vehicles or less in accordance with
				  4VAC50-20-45.
3. Low Hazard Potential is defined where an
				  impounding structure failure would result in no expected loss of life and would
				  cause no more than minimal economic damage. "No expected loss of life" means no
				  loss of human life is anticipated.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-45 - Hazard potential classifications based on low volume roadways

Current through Register Vol. 40, No. 24, July 15, 2024
A. All impacted
				  public and private roadways downstream or across an impounding structure shall
				  be considered in determining hazard potential classification. To determine
				  whether a road is impacted by a dam failure, one of the following methodologies
				  shall be utilized:
1. Section IV, Part D of
				  the United States Department of Interior, Bureau of Reclamation's ACER
				  Technical Memorandum No. 11, 1988;
2. An approach to determining impacts to
				  roadways found in any document that is on the list of acceptable references set
				  out in 4VAC50-20-320. The owner's engineer
				  shall reference the methodology utilized in their submittal to the department;
				  or
3. An approach to determine any
				  roadway that would be overtopped, at any depth, by a dam failure under any
				  flood or nonflood condition, including but not limited to probable maximum
				  flood, spillway design flood, or flood from sunny day dam failure, as
				  determined using analysis procedures set out in
				  4VAC50-20-54.
In all cases, an owner may use an incremental damage
					 analysis conducted in accordance with
					 4VAC50-20-52 to further refine what
					 roads should be considered impacted.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-50 - Performance standards required for impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with the definitions
				  provided by § 10.1-604 of the Code of Virginia and
				  4VAC50-20-30, an impounding
				  structure shall be regulated if the impounding structure is 25 feet or greater
				  in height and creates a maximum impounding capacity of 15 acre-feet or greater,
				  or the impounding structure is six feet or greater in height and creates a
				  maximum impounding capacity of 50 acre-feet or greater and is not otherwise
				  exempt from regulation by the Code of Virginia. Impounding structures exempted
				  from this chapter are those that are:
1.
				  Licensed by the State Corporation Commission that are subject to a safety
				  inspection program;
2. Owned or
				  licensed by the United States government;
3. Operated primarily for agricultural
				  purposes that are less than 25 feet in height or that create a maximum
				  impoundment capacity smaller than 100 acre-feet;
4. Water or silt-retaining dams approved
				  pursuant to § 45.1-222 or 45.1-225.1 of the Code of Virginia; or
5. Obstructions in a canal used to raise or
				  lower water.
Impounding structures of regulated size and not exempted
					 shall be constructed, operated and maintained such that they perform in
					 accordance with their design and purpose throughout the life of the project.
					 For impounding structures, the spillway capacity shall perform at a minimum to
					 safely pass the appropriate spillway design flood as determined in Table 1. For
					 the purposes of utilizing Table 1, Hazard Potential Classification shall be
					 determined in accordance with
					 4VAC50-20-40.
TABLE 1 Impounding Structure Regulations
Applicable to all impounding structures that are
								  25 feet or greater in height and that create a maximum impounding capacity of
								  15 acre-feet or greater, and to all impounding structures that are six feet or
								  greater in height and that create a maximum impounding capacity of 50 acre-feet
								  or greater and is not otherwise exempt from regulation by the Code of
								  Virginia.
Hazard Potential Class of Dam
Spillway Design Flood (SDF)B
									 for New ConstructionF
Spillway Design Flood
								  (SDF)B for Existing Impounding
								  StructuresF, G
Minimum Threshold for Incremental Damage
								  Analysis
High
PMFC
0.9 PMPH
100-YRD
Significant
.50 PMF
.50 PMF
100-YRD
Low
100-YRD
100-YRD
50-YRE
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-51 - Special criteria for certain low hazard impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notwithstanding
				  the requirements of this chapter, should the failure of a low hazard potential
				  impounding structure cause no expected loss of human life and no economic
				  damage to any property except property owned by the impounding structure owner,
				  then the owner may follow the below requirements instead of the requirements
				  specified in this chapter:
1. No map required
				  pursuant to
				  4VAC50-20-54 shall be required to
				  be developed for the impounding structure should a licensed professional
				  engineer certify that the impounding structure is a low hazard potential
				  impounding structure and eligible to utilize the provisions of this
				  section;
2. The spillway design
				  flood for the impounding structure is recommended as a minimum 50-year flood;
				  however, no specific spillway design flood shall be mandatory for an impounding
				  structure found to qualify under the requirements of this section;
3. No emergency preparedness plan prepared
				  pursuant to
				  4VAC50-20-177 shall be required.
				  However, the impounding structure owner shall notify the local emergency
				  services coordinator in the event of a failure or emergency condition at the
				  impounding structure;
4. An owner
				  shall perform inspections of the impounding structure annually in accordance
				  with the requirements of
				  4VAC50-20-105. No inspection of the
				  impounding structure by a licensed professional engineer shall be required,
				  however, so long as the owner certifies at the time of operation and
				  maintenance certificate renewal that conditions at the impounding structure and
				  downstream are unchanged since the last inspection conducted by a licensed
				  professional engineer; and
5. No
				  certificate or permit fee established in this chapter shall be applicable to
				  the impounding structure.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-52 - Incremental damage analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  proposed potential hazard classification for an impounding structure may be
				  lowered based on the results of an incremental damage analysis utilizing one of
				  the following methodologies:
1. Section III of
				  the United States Department of Interior, Bureau of Reclamation's ACER
				  Technical Memorandum No. 11, 1988. An impact shall be deemed to occur where
				  there are one or more lives in jeopardy as a result of a dam failure;
				  or
2. An approach to determining
				  hazard classification found in any document that is on the list of acceptable
				  references set out in
				  4VAC50-20-320. The owner's engineer
				  shall reference the methodology utilized in the submittal to the
				  department.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-53 - Special criteria for reduced SDF requirement for certain high hazard dams

Current through Register Vol. 40, No. 24, July 15, 2024
A. An existing
				  impounding structure that is currently classified as high hazard, or is
				  subsequently found to be high hazard through reclassification, shall be allowed
				  to pass the flood resulting from 0.6 PMP instead of the flood resulting from
				  0.9 PMP SDF if the dam owner certifies annually that such impounding structure
				  meets each of the following conditions:
1.
				  The owner has a current emergency action plan that is approved by the board and
				  that is developed and updated in accordance with
				  4VAC50-20-175;
2. The owner has exercised the emergency
				  action plan in accordance with
				  4VAC50-20-175 and conducts a
				  table-top exercise at least once every two years;
3. The department has verification that both
				  the local organization for emergency management and the Virginia Department of
				  Emergency Management have on file current emergency action plans and updates
				  for the impounding structure;
4.
				  The conditions at the impounding structure are monitored on a daily basis and
				  as dictated by the emergency action plan;
5. The impounding structure is inspected at
				  least annually by a professional engineer and all observed deficiencies are
				  addressed within 120 days of such inspection. Such inspection reports shall be
				  completed in accordance with
				  4VAC50-20-105 E and be submitted to
				  the department with the owner's certification;
6. The owner has a dam break inundation zone
				  map developed in accordance with the regulations that is acceptable to the
				  department;
7. The owner is insured
				  in an amount that will substantially cover the costs of downstream property
				  losses to others that may result from a dam failure; and
8. The owner has the impounding structure's
				  emergency action plan posted on his website, or upon the request of the owner,
				  the department or another state agency responsible for providing emergency
				  management services to citizens agrees to post the plan on its website. If the
				  department or another state agency agrees to post the plan on its website, the
				  owner shall provide the plan in a format suitable for posting.
A dam owner who meets the conditions of subdivisions 1
					 through 8 of this subsection, but has not provided record drawings to the
					 department for his impounding structure, shall submit a complete record report
					 developed in accordance with
					 4VAC50-20-70 J, excluding the
					 required submittal of the record drawings.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-54 - Dam break inundation zone mapping

Current through Register Vol. 40, No. 24, July 15, 2024
A. Dam break inundation zone maps and
				  analyses shall be provided to the department, except as provided for in
				  4VAC50-20-51, to meet the
				  requirements set out in
				  4VAC50-20-40,
				  4VAC50-20-175, and
				  4VAC50-20-177, as applicable. In
				  accordance with subsection G of this section, a simplified dam break inundation
				  zone map and analysis may be completed by the department and shall be provided
				  to the impounding structure's owner to assist such owner in complying with the
				  requirements of this chapter. All analyses shall be completed in accordance
				  with 4VAC50-20-20 D.
B. The location of the end of the inundation
				  mapping should be indicated where the water surface elevation of the dam break
				  inundation zone and the water surface elevation of the spillway design flood
				  during an impounding structure nonfailure event converge to within one foot of
				  each other. The inundation maps shall be supplemented with water surface
				  profiles showing the peak water surface elevation prior to failure and the peak
				  water surface elevation after failure.
C. All inundation zone map(s) shall be signed
				  and sealed by a licensed professional engineer.
D. Present and planned land-use for which a
				  development plan has been officially approved by the locality in the dam break
				  inundation zones downstream from the impounding structure shall be considered
				  in determining the classification.
E. For determining the hazard potential
				  classification, an analysis including, but not limited to, those hazards
				  created by flood and nonflood dam failures shall be considered. At a minimum,
				  the following shall be provided to the department:
1. A sunny day dam break analysis utilizing
				  the volume retained at the normal or typical water surface elevation of the
				  impounding structure;
2. A dam
				  break analysis utilizing the spillway design flood with a dam
				  failure;
3. An analysis utilizing
				  the spillway design flood without a dam failure; and
4. A dam break analysis utilizing the
				  probable maximum flood with a dam failure.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-58 - Local government notifications

Current through Register Vol. 40, No. 24, July 15, 2024
For each certificate issued, the impounding structure owner
					 shall send a copy of the certificate to the appropriate local government(s)
					 with planning and zoning responsibilities. A project description and the map(s)
					 required under
					 4VAC50-20-54 showing the area that
					 could be affected by the impounding structure failure shall be submitted with
					 the certificate. The department will provide a standard form cover letter for
					 forwarding the certificate copy and accompanying materials.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part I - General › Section 4VAC50-20-59 - Reporting

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of categorizing and reporting information
					 to national and other dam safety databases, impounding structure size shall be
					 classified as noted in Table 2.
Table 2 Impounding Structure Regulations
Maximum Impounding Capacity (Ac-Ft)
Height (Ft)
Large >= 50,000
>= 100
Medium >= 1,000 &<50,000
>= 40 &<100
Small >= 15 &<1,000
>= 6 &<40
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part II - Permit Requirements › Section 4VAC50-20-60 - Required permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person or
				  entity shall construct or begin to construct a new impounding structure until
				  the board has issued a construction permit.
B. No person or entity shall alter or begin
				  to alter an existing impounding structure until the board has issued an
				  alteration permit. If an owner or the owner's engineer has determined that
				  circumstances are impacting the integrity of the impounding structure that
				  could result in the imminent failure of the impounding structure, temporary
				  repairs may be initiated prior to approval from the board. The owner shall
				  notify the department within 24 hours of identifying the circumstances
				  impacting the integrity of the impounding structure. Such emergency
				  notification shall not relieve the owner of the need to obtain an alteration
				  permit as soon as may be practicable, nor shall the owner take action beyond
				  that necessary to address the emergency situation.
C. When the owner submits an application to
				  the board for any permit to construct or alter an impounding structure, the
				  owner shall also inform the local government jurisdiction or jurisdictions that
				  might be affected by the permit application.
D. In evaluating construction and alteration
				  permit applications the director shall use the design criteria and standards
				  referenced in
				  4VAC50-20-320.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part II - Permit Requirements › Section 4VAC50-20-70 - Construction permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  preparing the complete design report for a Construction Permit, applicants may
				  submit a preliminary design report to the department to determine if the
				  project concept is acceptable to the department. The preliminary design report
				  should contain, at a minimum, a general description of subdivisions 1 through
				  12 of subsection B of this section and subdivisions 1 and 2 of this subsection:
1. Proposed design criteria and a description
				  of the size of the impounding structure, ground cover conditions, extent of
				  current upstream development within the watershed and the hydraulic,
				  hydrological and structural features, geologic conditions and the geotechnical
				  engineering assumptions used to determine the foundation, impoundment rim
				  stability and materials to be used.
2. Preliminary drawings of a general nature,
				  including cross sections, plans and profiles of the impounding structure,
				  proposed pool levels and types of spillway(s).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part II - Permit Requirements › Section 4VAC50-20-90 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  the transfer of ownership of a permitted impounding structure the permittee
				  shall notify the director in writing and the new owner shall file a transfer
				  notification with the department. A form for the transfer notification is
				  available from the department (Transfer of Impounding Structure Notification
				  form Past Owner to New Owner). The new owner shall amend the existing permit
				  application as necessary and shall certify to the director that he is aware of
				  and will comply with all of the requirements and conditions of the
				  permit.
B. The transfer
				  notification shall include the following required information:
1. Project information including the name and
				  inventory number of the structure, name of the reservoir, and impoundment
				  hazard classification;
2. Location
				  of the impounding structure including the city or county, number of feet or
				  miles upstream or downstream of a highway and the highway number, name of the
				  river or the stream, and the latitude and longitude;
3. Type of certificates and permits to be
				  transferred including effective date and expiration date of all certificates
				  and permits;
4. Past owner's name,
				  mailing address, and residential and business telephone numbers;
5. New owner's name, mailing address, and
				  residential and business telephone numbers;
6. Request to transfer certification
				  statement signed and dated by the past owner;
7. Certification of compliance with permit or
				  certificate with all said terms and conditions signed and dated by the new
				  owner; and
8. Contact information
				  updates for Emergency Action Plan or Emergency Preparedness Plan provided by
				  the new owner. Such updates shall include the name, mailing address, and
				  residential and business telephone numbers for the impounding structure owner,
				  impounding structure operator, rainfall and staff gage observer, and alternate
				  observer.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part II - Permit Requirements › Section 4VAC50-20-102 - Registering for coverage under the general permit for low hazard potential impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant
				  to § 10.1-605.3, an impounding structure owner may seek general permit
				  coverage from the board for a low hazard potential impounding structure in lieu
				  of obtaining a Low Hazard Potential Regular Operation and Maintenance
				  Certificate in accordance with
				  4VAC50-20-105 or a Conditional
				  Operation and Maintenance Certificate for Low Hazard Potential impounding
				  structures in accordance with
				  4VAC50-20-150.
B. An owner shall submit a complete and
				  accurate registration statement in accordance with the requirements of this
				  section prior to the issuance of coverage under the general permit. A complete
				  registration statement shall include the following:
1. The name and address of the
				  owner;
2. The location of the
				  impounding structure;
3. The height
				  of the impounding structure;
4. The
				  volume of water impounded;
5. An
				  Emergency Preparedness Plan prepared in accordance with
				  4VAC50-20-101;
6. The applicable fee for the processing of
				  registration statements as set out in
				  4VAC50-20-375;
7. A dam break inundation zone map completed
				  in accordance with
				  4VAC50-20-54 and evidence that such
				  map has been filed with the offices with plat and plan approval authority or
				  zoning responsibilities as designated by the locality for each locality in
				  which the dam break inundation zone resides; and
8. A certification from the owner that the
				  impounding structure (i) is classified as low hazard pursuant to a
				  determination by the department or the owner's professional engineer in
				  accordance with § 10.1-604.1 and this chapter; (ii) is, to the best of his
				  knowledge, properly and safely constructed and currently has no observable
				  deficiencies; and (iii) shall be maintained and operated in accordance with the
				  provisions of the general permit.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part II - Permit Requirements › Section 4VAC50-20-103 - Transitioning from regular or conditional certificates to general permit coverage for low hazard potential impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Holders of a regular certificate to
				  operate a low hazard potential impounding structure shall be eligible for
				  general permit coverage upon the expiration of their regular certificate. In
				  lieu of a regular certificate renewal, registration coverage materials pursuant
				  to 4VAC50-20-102 shall be submitted to
				  the department 90 days prior to the expiration of the regular
				  certificate.
B. Holders of a
				  conditional certificate to operate a low hazard potential impounding structure
				  shall be eligible for general permit coverage upon satisfying the registration
				  requirements for a general permit pursuant to
				  4VAC50-20-102.
Statutory Authority
§ 10.1-605 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part II - Permit Requirements › Section 4VAC50-20-104 - Maintaining general permit coverage for low hazard potential impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
Provided that an impounding structure's hazard potential
					 classification does not change, an owner's coverage under the general permit
					 shall be for a six-year term after which time the owner shall reapply for
					 coverage by filing a new registration statement and paying the necessary fee.
					 No inspection of the impounding structure by a licensed professional engineer
					 shall be required if the owner certifies at the time of general permit coverage
					 renewal that conditions at the impounding structure and downstream are
					 unchanged. If such certification is made, the owner is not required to submit
					 an updated dam break inundation zone map.
Statutory Authority
§ 10.1-605 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-105 - Regular Operation and Maintenance Certificates

Current through Register Vol. 40, No. 24, July 15, 2024
A. A Regular Operation and Maintenance
				  Certificate is required for an impounding structure. Such six-year certificates
				  shall include the following based on hazard classification:
1. High Hazard Potential Regular Operation
				  and Maintenance Certificate;
2.
				  Significant Hazard Potential Regular Operation and Maintenance Certificate;
				  or
3. Low Hazard Potential Regular
				  Operation and Maintenance Certificate.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-125 - Delayed effective date for Spillway Design Flood requirements for impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. If an
				  impounding structure has been determined to have an adequate spillway capacity
				  prior to September 26, 2008, and is currently operating under a Regular
				  Operation and Maintenance Certificate, but will now require spillway
				  modifications due to changes in these regulations, the owner shall submit to
				  the board an Alteration Permit Application in accordance with
				  4VAC50-20-80 to address spillway
				  capacity at the time of the expiration of their Regular Operation and
				  Maintenance Certificate or by September 26, 2011, whichever is later. The
				  Alteration Permit Application shall contain a construction sequence with
				  milestones for completing the necessary improvements within five years of
				  Alteration Permit issuance. The board may approve an extension of the
				  prescribed time frame for good cause. Should the owner be able to demonstrate
				  that no spillway capacity change is necessary, the impounding structure may be
				  found to be in compliance with this chapter.
B. In accordance with
				  4VAC50-20-105, the owner shall
				  submit the Operation and Maintenance Certificate Application (Operation and
				  Maintenance Certificate Application for Virginia Regulated Impounding
				  Structures), the Emergency Action Plan or Emergency Preparedness Plan, and the
				  Inspection Report (Annual Inspection Report for Virginia Regulated Impounding
				  Structures) 90 days prior to the expiration of the Regular Operation and
				  Maintenance Certificate.
C. If
				  circumstances warrant more immediate repairs to the impounding structure, the
				  board may direct alterations to the spillway to be completed sooner.
D. During this delay period, owners are
				  required to address other deficiencies that may exist that are not related to
				  the spillway design flood.
E. Any
				  impounding structure owner who, as of September 26, 2008, held an Alteration
				  Permit or Construction Permit under the requirements of this chapter that were
				  effective prior to that date, who has maintained this permit as valid, and who
				  completes all requirements of such permit and any applicable Conditional
				  Operation and Maintenance Certificate by September 26, 2011, shall not be
				  required to meet new requirements of this chapter that became effective on
				  September 26, 2008, until the completion of the first six-year certificate
				  cycle following completion of all requirements of his permit and any applicable
				  certificates. During this six-year period, the owner may be issued a Regular
				  Operation and Maintenance Certificate should the impounding structure otherwise
				  be eligible for such certificate.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-150 - Conditional operation and maintenance certificate

Current through Register Vol. 40, No. 24, July 15, 2024
A. During the review of any Operation and
				  Maintenance Certificate Application (Operation and Maintenance Certificate
				  Application for Virginia Regulated Impounding Structures) completed in
				  accordance with
				  4VAC50-20-105 should the director
				  determine that the impounding structure has nonimminent deficiencies, the
				  director may recommend that the board issue a Conditional Operation and
				  Maintenance Certificate.
B. The
				  Conditional Operation and Maintenance Certificate for High, Significant, and
				  Low Hazard Potential impounding structures shall be for a maximum term of two
				  years. This certificate will allow the owner to continue normal operation and
				  maintenance of the impounding structure, and shall require that the owner
				  correct the deficiencies on a schedule approved by the board.
C. A Conditional Certificate may be extended
				  in accordance with the procedures of
				  4VAC50-20-155 provided that
				  Inspection Reports (Annual Inspection Report for Virginia Regulated Impounding
				  Structures) are on file, and the board determines that the owner is proceeding
				  with the necessary corrective actions.
D. Once the deficiencies are corrected, the
				  board shall issue a Regular Operation and Maintenance Certificate based upon
				  the impounding structure's meeting the requirements of
				  4VAC50-20-105.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-155 - Extension of Operation and Maintenance Certificates

Current through Register Vol. 40, No. 24, July 15, 2024
The board may extend an Operation and Maintenance
					 Certificate for impounding structures provided that the owner submits a written
					 request justifying an extension, the amount of time needed to comply with the
					 requirements set out in the current Operation and Maintenance Certificate, and
					 any required fees. The owner must have demonstrated substantial and continual
					 progress towards meeting the requirements of the certificate in order to
					 receive an extension.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-160 - Additional operation and maintenance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of an impounding structure shall
				  not, through action or inaction, cause or allow such structure to impound water
				  following receipt of a written report from the owner's engineer that the
				  impounding structure will not safely impound water.
B. In accordance with § 10.1-609.2 of
				  the Code of Virginia, impounding structure owners shall not permit the growth
				  of trees and other woody vegetation and shall remove any such vegetation from
				  the slopes and crest of embankments and the emergency spillway area, and within
				  a distance of 25 feet from the toe of the embankment and abutments of the
				  dam.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-165 - Agricultural exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Impounding structures operated primarily for agricultural purposes that are
				  less than 25 feet in height or that create a maximum impoundment capacity
				  smaller than 100 acre-feet are exempt from the Impounding Structure
				  Regulations.
B. An owner covered by
				  an agricultural exemption pursuant to § 10.1-604 of the Code of Virginia
				  and 4VAC50-20-30 may validate such
				  exemption by submitting an Agricultural Exemption Report (Agricultural
				  Exemption Report for Impounding Structures). The Agricultural Exemption Report
				  shall include the following information:
1.
				  Project information including the name and inventory number of the structure
				  and name of the reservoir;
2.
				  Location of the impounding structure including the city or county, number of
				  feet or miles upstream or downstream of a highway and the highway number, name
				  of the river or the stream, and the latitude and longitude;
3. Owner's name or representative if
				  corporation, mailing address, residential and business telephone numbers, and
				  other means of communication;
4.
				  The impounding structure height in feet and the maximum impounding capacity in
				  acre-feet;
5. A list of the
				  agricultural functions for which the impoundment supplies water;
6. The date of validation; and
7. The owner's signature validating that the
				  impoundment is operated primarily for agricultural purposes and is exempt from
				  the regulations.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-170 - Transfer of certificates

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Prior to the transfer of ownership of an impounding structure the certificate
				  holder shall notify the director in writing and the new owner shall file a
				  transfer notification with the department. A form for the transfer notification
				  is available from the department (Transfer of Impounding Structure Notification
				  from Past Owner to New Owner). The new owner may elect to continue the existing
				  operation and maintenance certificate for the remaining term or he may apply
				  for a new certificate in accordance with
				  4VAC50-20-105. If the owner elects
				  to continue the existing certificate, he shall certify to the director that he
				  is aware of and will comply with all of the requirements and conditions of the
				  certificate.
B. The transfer
				  notification shall include the following required information:
1. Project information including the name and
				  inventory number of the structure, name of the reservoir, and impoundment
				  hazard classification;
2. Location
				  of the impounding structure including the city or county, number of feet or
				  miles upstream or downstream of a highway and the highway number, name of the
				  river or the stream, and the latitude and longitude;
3. Type of certificates and permits to be
				  transferred including effective date and expiration date of all certificates
				  and permits;
4. Past owner's name,
				  mailing address, and residential and business telephone numbers;
5. New owner's name, mailing address, and
				  residential and business telephone numbers;
6. Request to transfer certification
				  statement signed and dated by the past owner;
7. Certification of compliance with permit or
				  certificate with all said terms and conditions signed and dated by the new
				  owner; and
8. Contact information
				  updates for Emergency Action Plan or Emergency Preparedness Plan provided by
				  the new owner. Such updates shall include the name, mailing address, and
				  residential and business telephone numbers for the impounding structure owner,
				  impounding structure operator, rainfall and staff gage observer, and alternate
				  observer.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 20 - IMPOUNDING STRUCTURE REGULATIONS › Part III - Certificate Requirements › Section 4VAC50-20-177 - Emergency Preparedness Plan for Low Hazard impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
Low Hazard impounding structures shall provide information
					 for emergency preparedness to the department, the local organization for
					 emergency management and the Virginia Department of Emergency Management. A
					 form for the submission is available from the department (Emergency
					 Preparedness Plan for Low Hazard Virginia Regulated Impounding Structures). The
					 information shall include, but not be limited, to the following:
1. Name and location information for the
				  impounding structure including city or county and latitude and
				  longitude;
2. Name of owner and
				  operator and associated contact information including residential and business
				  telephone numbers and other means of communication;
3. Contact information for relevant emergency
				  responders including the following:
a. Local
				  dispatch center or centers governing the impounding structure's dam break
				  inundation zone; and
b. City or
				  county emergency services coordinator's name or names;