West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-34 - Dam Safety Rule › Section 47-34-11 - Abandonment of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Application to Abandon a Dam - 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 subsection 5.1. must be
				submitted to and approved by the Secretary prior to the commencement of
				abandonment activities.
11.2.
				Reservoir Elimination - The reservoir area shall be completely filled to the
				crest elevation of the dam with approved material to eliminate the impoundment
				of water. The maximum impounding capacity upon completion of final grading
				shall not exceed one (1) acre-foot of impounding capacity. The final top
				elevation of the reservoir fill shall be higher than, and sloped into, the
				diversion system required under subsection 11.4.
11.3. Embankment Stability - The remaining
				embankment shall be shown to achieve a minimum factor of safety in accordance
				with the provisions of subparagraph 7.4.b.1.D.
11.4. Diversion System - A diversion system
				designed for a P100 rainfall event shall be provided to capture the stream at
				the upstream end of the reservoir and convey stream water and embankment runoff
				water around the site. The diversion system shall outlet safely beyond the
				downstream toe of the embankment in a natural drainway capable of carrying the
				design storm without excessive erosion. The Secretary may require the
				installation of an energy dissipator in accordance with the provisions of
				subpart 7.4.b.4.B.2.(f).
11.5.
				Sealing Conduits - All conduits through the embankment, with the exception of
				underdrain 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.
11.6. Erosion and Sediment Control - Erosion
				and sediment control measures sufficient to comply with the provisions of
				subdivision 8.1.m. shall be implemented during the abandonment
				operation.
11.7. Soil and
				Vegetative Cover - A sufficient layer of topsoil shall be provided to permit
				long-term growth of vegetation. A seeding and mulching mixture shall be
				proposed in the abandonment application to accomplish revegetation of the
				project area.
11.8. Retention of
				Jurisdiction - The Secretary shall retain jurisdiction over the site for a
				minimum period of five (5) years after abandonment, during which time the dam
				and its appurtenances shall be inspected annually by an engineer experienced in
				such inspections. The inspections shall include measurement readings of
				instrumentation to determine the level and volume of saturation within the
				reservoir fill material. The Secretary may also require more frequent reading
				and reporting of instrument readings to determine seasonal fluctuations of
				saturation. 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.
11.9. Final
				Approval of Abandonment - At the completion of the five-year period, a final
				joint inspection by the engineer and the Secretary 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. The
				Secretary will review instrument records and annual inspection reports to
				determine if the saturation level of material within the reservoir has
				decreased in volume to less than the legal definition of a "dam." Should the
				Secretary determine as a result of the inspection and review of instrumentation
				records that the volume of saturated material is less than the legal definition
				of a "dam" and the abandonment design has been effective, a letter of
				acceptance shall be issued stating that the dam has been properly
				abandoned.