West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-04 - Rules For Quarrying And Reclamation › Section 38-4-20 - Removal of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Application
				for removal of dam: The owner of a dam must obtain a certificate of approval
				from the Secretary prior to the removal of the dam. A complete application in
				accordance with provisions of Section 5.1 of these rules must be submitted to
				and approved by the Secretary prior to the commencement of removal
				activities.
20.2. Plan Package
				Requirements: The plan package submitted in order to remove a dam shall be in
				accordance with the applicable requirements of Section 6 of these rules and
				must also include specific requirements of this section of these
				rules.
20.3. Removal Requirements:
				Removal of a dam shall consist of complete removal of the structure to the
				original ground except in special cases where it may be necessary or
				advantageous to leave small sections of the structure. Unless otherwise
				approved by the Secretary, the removal of a dam shall consist of complete
				removal of the structure to approximate original contour.
20.4. Safety: Reservoir shall be completely
				drained before removal operations. Removal work shall be scheduled during dry
				weather using National Weather Service advice and proceed quickly to reduce the
				potential for impounding water.
20.5. Blasting: If blasting is to be used in
				the removal of a dam, a blasting plan shall be submitted to the Secretary for
				approval. The plan shall include distance to existing structures and the
				measures that will be taken to minimize airblast and ground vibrations and
				flying materials. A pre-blast survey of nearby structures and water wells which
				may be necessary. Blasting requirements are to comply with all applicable state
				and federal laws in the use of explosives.
20.6. Erosion and Sediment Control: Erosion
				and sediment control measures sufficient to comply with provisions of Section
				8.13 of these rules shall be implemented during the removal operation. The
				following measures shall also be implemented:
20.7. Reservoir areas, and the sediment
				deposits there in shall be protected from erosion after impounding capability
				has been eliminated by the removal of the dam. Disturbed areas, including the
				faces on any remaining embankment must be protected by vegetation or other
				means approved by the Secretary.
20.8. A channel in the reservoir sediment may
				be required by the Secretary in order to re-establish a stream channel.
				Permanent sediment basins, subject to ongoing maintenance, may be required by
				the Secretary, if the dam owner cannot demonstrate the effectiveness of other
				structural and vegetative measures in stabilizing the reservoir area and dam
				site.
20.9. Placement of earthen
				material: Material removed from the dam shall be placed in waste disposal areas
				delineated in the approved plan package. The material shall be graded and
				compacted as necessary and stabilized from erosion by vegetation or other means
				approved by the Secretary.
20.10.
				Placement of non-earthen material concrete rubble and other rock material shall
				be placed in waste disposal areas delineated in approved plan. The material
				shall be placed in a manner to reduce hazardous conditions, protruding metal,
				wire or bars are prohibited.
20.11.
				Safety of remaining structure: The remaining portion of the structure must have
				sufficient strength to support the maximum hydraulic loading without
				failure.
20.12. Construction
				practices: The requirements of Section 8 of these rules shall apply when
				removing a dam unless clearly not applicable to the removal operation; however,
				the Secretary reserves the right to specify which requirements are
				applicable.