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 38-4-21 - Abandonment of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The owner
				of a dam must obtain a certificate of approval from the Secretary prior to the
				abandonment of the dam. A complete application in accordance with the
				provisions of Section 5.1 of these rules must be submitted to and approved by
				the Secretary prior to the commencement of abandonment activities.
21.2. The reservoir area shall be completely
				filled to the crest elevation of the dam with approved material to eliminate
				the impoundment of water. The final top elevation of the embankment must be
				higher than, and sloped into, the diversion ditch. Maximum slope of the top of
				the embankment to the diversion ditch shall be five (5) percent unless
				otherwise approved by the Secretary.
21.3. The embankment shall be shown to
				achieve a minimum long-term factor of safety in accordance with the applicable
				provisions of Section 11 of these rules.
21.4. Diversion System: A diversion system
				designed to conduct a 100 year 24 hour storm shall be provided to capture the
				stream at the upstream end of the reservoir and convey stream water and runoff
				from the surface of embankment around the site. The diversion system shall
				outlet safely beyond the downstream toe of the embankment in a natural drain
				way capable of carrying the design storm without excessive erosion.
21.5. All conduits through the embankment
				with the exception of under drain conduits shall be sealed with concrete at the
				upstream end prior to elimination of the reservoir. The Secretary may require
				pressure testing of conduits to determine seal adequacy.
21.6. Erosion and sediment control measures
				sufficient to comply with the provisions of rules shall be implemented during
				the abandonment operation.
21.7. A
				sufficient layer of topsoiling material shall be provided to insure a long-term
				vegetation.
21.8. The Secretary
				shall retain jurisdiction over the site for a minimum period of five years
				after abandonment, during which time the dam and its appurtenances shall be
				inspected annually by an engineer experienced in such inspections. A report
				shall be filed with the Secretary detailing the findings of each inspection and
				describing intended maintenance work. Should a major storm occur a similar
				report shall be filed to detail the resultant condition of the
				structure.
21.9. At the completion
				of five year period, a final joint inspection by the engineer and the
				Secretary's representative shall be conducted to determine the effectiveness of
				the abandonment design and the potential need for continued maintenance. Should
				the Secretary determine as a result of this inspection that an additional
				inspection time period or maintenance work is required, a letter detailing
				these requirements shall be sent to the owner. Should the Secretary determine
				as result of the inspection that the abandonment design has been effective, a
				letter of acceptance shall be issued stating that the dam has been properly
				abandoned and the reclamation bond of the permittee shall be
				released.