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 38-4-19 - Breaching of a Dam

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. The owner of
				a dam must obtain a certificate of approval from the Secretary prior to
				breaching 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 commencement of breaching activities. The application must
				include a plan package in accordance to applicable requirements of Section 6
				and specific requirements delineated in this section of these rules.
				Narratives, plans, or specifications required under Section 6 of these rules
				which are clearly not applicable to the proposed breaching activities may be
				omitted from the submittal; however, the Secretary reserves the right to
				specify those items must be included in the breaching plan package.
19.2. Breach Dimensions: The breach opening
				in the dam shall be designed so that any water resulting from design storm
				inflows that is temporarily impounded behind the residual structure shall be
				less than the height and storage requirements of a "dam" set forth in Section
				2.7 of these rules. The breach shall be to original stream bottom level, except
				that a small impoundment of less than one (1) acre-foot storage may be retained
				for sediment control purposes.
19.3. Breach Channel: The embankment shall be
				breached with a designed channel having the capacity to conduct the peak runoff
				from the design storm. The channel created by the breach shall have an
				erosion-preventive lining adequate to withstand the depth and velocity of peak
				flows from the design storm. The channel side slopes shall achieve a minimum
				stability factor of safety of 1.5.
19.4. Safety: The impoundment shall be
				completely drained before the commencement of breaching operations. Breaching
				work shall be scheduled during dry weather using National Weather Service
				advice and will be completed quickly to reduce the potential of any risk to
				life and property from failure of dam.
19.5. Blasting: If blasting is to be used in
				the breaching of a dam, a blasting plan shall be submitted to the Secretary for
				approval. The plan shall include the distance to the existing structures and
				the measures that will be taken to minimize air blast and flying materials. A
				pre-blast survey of existing nearby structures and water wells which may be
				affected by blasting may be required by the Secretary.
19.6. Erosion and Sediment Control: Measures
				sufficient to comply with erosion and sediment control provisions in WV Surface
				Mining Reclamation Rules 38CSR2 shall be implemented during the breaching
				operation. The following measures shall also be implemented after breaching
				operations:
19.7. Reservoir areas
				and sediment deposits therein shall be protected from erosion after the
				impounding capability has been eliminated by breaching of the dam.
19.8. Disturbed areas, including faces on any
				remaining embankment must be protected by vegetation or other means approved by
				the Secretary.
19.9. A channel in
				the reservoir may be required by the Secretary in order to re-establish a
				stream channel.
19.10. 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.
19.11. Placement of non-earthen material:
				Concrete rubble and rock materials shall be placed in waste disposal areas
				delineated in the approved plan package. The material shall be placed in a
				manner to reduce hazardous conditions, protruding metal, wire, or bars are not
				allowed.
19.12. Construction
				Practices: The requirements of Section 8 of these rules shall apply when
				breaching a dam unless they are not applicable to breaching operations. All
				applicable requirements will be specified in the plan package
				submittal.
19.13. Safety of
				remaining structure. The remaining structure shall have sufficient strength to
				withstand the maximum hydraulic loading without failure.