S.C. Code Regs. § § 72-3

Current through Register Vol. 48, No. 11, November 22, 2024

Section 72-3 - Permitting Procedures and Requirements

A. General. Any individual who proposes to construct a new dam or repair, alter or remove an existing dam shall apply for and obtain a permit from the Department for the proposed work. A separate application for construction of each new dam or reservoir and for alteration, repair, or removal of an existing dam or reservoir, shall be filed with the Department, except that only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. See the Regulation on Dam Classification and Exemptions for dams which are exempt from the Dams and Reservoirs Safety Act and the regulations pertaining thereto.

B. Activities Requiring a Permit.

1. Construction of a new dam: Construction of a new dam shall not commence until the owner has applied for and received a permit to construct from the Department, except for any new dam exempt from the statute.

2. Repairs to an existing dam: Repairs to an existing dam shall not commence until the owner has applied for and received a repair permit from the Department to perform the necessary repairs. Repairs proposed voluntarily or pursuant to an inspection and repair order require permitting. Should the owner be uncertain as to whether the proposed work is repair or normal maintenance work, he should contact the Department for clarification. In case of an emergency where the owner finds repairs are necessary to safeguard life or property, the owner may start such repairs immediately but shall notify the Department at once of the proposed repair and work under way.

3. Alteration of an existing dam or reservoir: Alteration of an existing dam or reservoir shall not commence until the owner has applied for and obtained a permit from the Department to perform the proposed alteration. Alteration of a dam or reservoir includes but is not limited to changing the height of a dam, increasing the normal pool or principal spillway elevation, or changing the elevation or physical dimensions of an emergency spillway.

4. Removal of an existing dam: Removal of an existing dam shall not commence until the owner has applied for and obtained a permit from the Department to accomplish the proposed removal. Removals proposed voluntarily or pursuant to an inspection and repair order require permitting.

C. Permit Application Procedures.

1. The initial application for any permit shall be signed by the owner and should be submitted to the Department. The Department shall determine if the work described in the application can be accomplished without a permit and so advise the owner. When the initial application is intended to satisfy the requirements of a final permit application, it shall identify the name, address, telephone number and registration number of the engineer.

2. The Department shall:

a. Review the initial application and shall assign or verify classification of the dam.

b. Notify the owner in writing that an initial application is on file and advise the owner of any additional information that may be required in the final permit application before a permit can be issued. The information normally required by the Department for issuance of a permit is described in the following subsection entitled "Permit Application Requirements" of this Regulation.

c. If appropriate, determine that the proposed work does not require a permit, and notify the applicant that further application procedures shall be waived. The owner may then proceed with the proposed work, once any other required permits are obtained.

d. As it deems appropriate and upon receipt of all necessary information, refer copies of the completed final application to other state and local agencies for review and comment.

e. Arrange for any necessary meetings with the dam owner and/or his engineer to discuss the application and resolve any conflicting or uncertain matters.

f. Issue an appropriate permit upon review and approval of the proposed work contained in the final application.

D. Permit Application Requirements.

1. General.

a. The information required in a permit application shall vary depending on the dam's classification and the type of permit requested. All initial permit applications shall at a minimum contain such general information as name and address of the dam owner; dam location, height and purpose; reservoir surface area, watershed area and characteristics; stream flow; description of existing and probable downstream development; type of permit requested; a brief description of the work to be performed and the proposed time of commencement and completion of work. Specific requirements for the final permit application for each type of permit are contained in subsequent paragraphs.

b. All final permit applications shall be prepared by an engineer and shall include a design report with plans and specifications. In addition, the final permit application shall address the subjects required by the Department for the type permit required (i.e., construction, repair, removal). When the initial application is intended to satisfy final application requirements, it also shall be prepared by an engineer.

c. All designs for proposed work shall be done in accordance with good engineering practices. The safety factors, design procedures and design references that are used shall be included in the final report. Criteria and design procedures developed by the following agencies are acceptable to the Department.

(1) United States Army, Corps of Engineers

(2) United States Department of Agriculture, Natural Resources Conservation Service

(3) United States Department of Interior, Water and Power Resources.

d. Other procedures that are approved by the Department may also be used and referenced. These include special design criteria for tailings ponds involved in mining, with special consideration being given to hydrology and stability.

e. All applications to construct new dams or reservoirs classified as high hazard or significant hazard shall include a fully-developed emergency action plan.

2. Construction Permit Application Requirements. A permit to construct shall not be issued until a final permit application is received and approved by the Department. The areas which shall be addressed in the design report and the plans and specifications for a construction permit are contained in subsequent paragraphs, as are the requirements for an emergency action plan.

a. Design Report - The design report shall address and/or provide specific information pertaining to the following as specified by the Department.

(1) Name and address of the applicant and a general description of the dam and appurtenances. The description shall include a statement of the purpose for which the dam is to be used.

(2) A description of properties located in the flood plain below the dam including number of homes, buildings, roads, utilities and other property that would be endangered should failure of the dam occur. For the purpose of delineating the affected flood plain below the dam, the engineer shall consider it the area in which water surface elevations increase a minimum of one foot as a result of dam failure.

(3) Maps showing the location of the dam, identifying the county, the location of state roads, access to the site and the outline of the reservoir. Aerial photographs or USGS maps may be used for this purpose.

(4) Design criteria including a description of the size, ground cover conditions, and extent of development of the watershed, geology and geotechnical engineering assumptions for the foundation and embankment materials and type of materials to be used in the spillway system(s).

(5) An investigation of the foundation and abutment soils or bedrock and the borrow materials including the location of borrow areas, that are to be used to construct the dam. The foundation and abutments investigation shall consist of borings, test pits and other subsurface exploration necessary to clearly define the existing conditions. The investigations shall be performed so as to define the soil and rock and ground-water conditions. Geologic profiles and a geologic report prepared by a qualified geologist or soil borings examined by an engineer shall be required for certain Class II dams, as determined by the Department, and shall be required for all Class I dams. All construction material such as borrow soil and others shall be adequately specified to assure that the properties meet the design criteria. If on-site materials are specified, they shall be located and determined to be adequate in extent and properties.

(6) Data to indicate that the dam will be stable during construction, filling and under all conditions of reservoir operations including earthquake loading. Any slope subject to drawdown that exceeds 6 inches per day shall be designed to remain stable under the maximum anticipated drawdown conditions.

(7) Data to verify that the dam is safe against overtopping during occurrence of the inflow design flood and wave action. Both present and projected future land use shall be considered in determining the runoff characteristics of the drainage area. The most severe of these two conditions shall be used in the design. All hydrologic assumptions and design calculations shall be included in the report.

(8) Calculations, design data or references to indicate that seepage flow through the embankment, foundation and abutments shall be controlled so that no internal erosion will take place and so there will be no sloughing in the area where the seepage emerges. The design may include an embankment internal drainage system, a zoned embankment, a foundation cut-off, an upstream blanket, a sufficiently wide homogeneous section, or other methods deemed appropriate by the engineer to satisfy minimum acceptable safety factors against excessive seepage.

(9) Calculations and assumptions relative to design of the spillway(s). All dams shall have a spillway system with adequate capacity to safely pass a design flood in the range shown in Table 1 for the appropriate classification unless it is demonstrated by the applicant that adequate capacity is provided by other means. For new dams, the design flood should be selected at the top of the range in Table 1 for the appropriate classification categories. The applicant shall justify to the Department's satisfaction any spillway which is not designed in accordance with this provision.

(10) Criteria for open channel, drop, ogee, chute spillways and other spillway types that include crest structures, walls, channel lining, and miscellaneous details. All masonry or concrete structures shall have joints that are relatively watertight and shall be placed on foundations capable of sustaining applied loads without undue deformation. Provisions shall be made for handling leakage from the channel or underseepage from the foundation which might cause saturation of underlaying materials or uplift against the undersurfaces. All earth vegetated spillways shall be designed for an appropriate minimum frequency of use, as shown in Table III. The spillway system shall have adequate capacity to remove from the reservoir within 10 days following passage of the design flood peak at least eighty percent of the water temporarily detained in the reservoir above the elevation of the primary spillway.

(11) Provisions to insure that the upstream slope, crest and downstream slope of earth embankments and abutments will be protected against erosion due to wind and rain. Riprap or other erosion protection shall be considered for the full range in stage between the lowest drawdown elevation and at least two (2) feet above full normal pool.

(12) Other design data, assumptions and analysis data pertinent to individual dams and site conditions.

(13) A proposed construction schedule. The construction schedule shall include the estimated time to complete the construction activities, the techniques and work force to be used to insure that the dam is constructed according to the plans and specifications, techniques to be used to divert stream flow to prevent interference with construction and hazard to life or property, and the extent and method of construction quality control.

(14) A proposed filling schedule for the reservoir.

(15) A maintenance plan. The maintenance plan shall include a listing of the equipment and manpower designated for maintenance and the schedule for performing routine maintenance inspections. The maintenance plan shall address, as a minimum, the following items: such maintenance as is necessary to prevent the growth of trees and brush on the embankment and within the spillway system. The vegetation in areas surrounding dams shall be maintained in such a manner to allow adequate visual inspection of the embankments, spillways and crest of dams; such maintenance as is necessary to remove debris or other deleterious materials from the spillway system; such required inspections as are necessary to insure that all gates, orifices, dissipators and other appurtenances that affect the operation of the dam and reservoir are kept in good repair and working order.

(16) The estimated design life of the dam and the reservoir.

b. Plans and Specifications - One complete set of plans and specifications shall be submitted. The plans shall be detailed engineering design that consists of drawings and specifications which include as a minimum the following:

(1) A cover sheet indicating the name of the project; name of owner, classification of the dam; designated access to the project; and the location with respect to highways, roads, streams, and the dam(s) that would affect or be affected by the proposed structure.

(2) Maps showing the drainage area and outline of the reservoir and the ownership of properties covered by the reservoir or flood pool.

(3) Drawings showing the results of surveys which were made with sufficient accuracy to locate the proposed construction in relation to any downstream hazard and to define the volume of the storage in the reservoir. Locations of centerlines, and other horizontal and vertical control points, shall be shown on a map of the site.

(4) Geologic investigation, cross-sections, profiles, logs of borings, location of borrow areas, principal and emergency spillways and other pertinent items shall be included and drawn in sufficient detail and to a sufficiently large scale to clearly indicate their relative locations and the extent and complexity of the work to be performed.

(5) The technical provisions, as may be required, to describe the method of construction and quality control for the project.

(6) Special provisions, as may be required, to describe the technical provisions needed to insure that the dam is installed according to the approved plans and specifications.

(7) General provisions that specify the rights, duties and responsibilities of the applicant, applicant's engineer, builder, and the prescribed order of work.

c. Emergency Action Plan - One copy of a fully developed emergency action plan for any new dam or reservoir whose hazard classification is high hazard or significant hazard. The emergency action plan shall include, as a minimum, the following:

(1) For a high hazard dam:

(a) An emergency alert notification plan on a format sheet supplied by the Department. All pertinent names and telephone numbers required on the form shall be furnished.

(b) Full computer-generated breach analyses with contour maps showing the inundated areas below the dam for the following cases: sunny-day breach with water at normal pool level and breach of the dam during passage of the design storm at the point when water elevation is at its maximum level in the reservoir.

(c) A written listing of the specific actions that shall be taken if there is reason to conclude the dam is near failure or has failed. This shall include the responsibility of the dam owner to notify any downstream property owners.

(2) For a significant hazard dam:

(a) An emergency alert notification plan on a format sheet supplied by the Department.

(b) Full computer-generated breach analyses for the same cases as a high hazard dam above. An exception to the requirement for full-computer generated breach analyses occurs when the only downstream hazard is a road. In this instance, it is acceptable to submit flood inundation maps based on the best-available computation techniques without use of a full computer-generated breach analysis.

3. Repair Permit Application Requirements. A permit to make repairs to a dam or its appurtenant works shall not be issued until a final permit application is received and approved by the Department. The proposed work shall be clearly described in the final permit application which shall include a design report with appropriate plans and specifications. The areas which shall be addressed in the design report and the plans and specifications for a repair permit are contained in subsequent paragraphs.

a. Design Report - The design report shall address and/or provide specific information pertaining to the following as appropriate or as specified by the Department.

(1) Information required in the design report for a construction permit.

(2) Complete description of the proposed work which shall include the specific measures to be taken to reasonably insure the problem shall not recur.

(3) Hydrologic and hydraulic calculations and assumptions relative to design of repairs to spillways. Spillway repairs shall be designed so as to provide adequate capacity to safely pass the appropriate spillway design flood. Table 1 provides a range of design floods based on the extent of downstream hazard within each range. The applicant shall justify to the Department's satisfaction any spillway repairs which are not designed in accordance with this provision.

(4) Calculations and assumptions relative to design of repairs to the structural elements of the dam. Foundation investigations and stability analysis may be required.

(5) Reservoir drawdown and refill schedules.

(6) Seepage control. Complete description of measures taken to protect the integrity of the dam during the repair work shall be included.

(1) A cover sheet indicating the name of the project, name of owner; classification of the dam; designated access to the site; and the location with respect to highways, roads, streams, and the dam(s) that are affected by the structure.

(2) Maps showing the drainage area and outline of the reservoir.

(3) Drawings showing the results of surveys which were made with sufficient accuracy to locate the dam in relation to any downstream hazard.

(4) Drawings showing appropriate cross section and profile views of the proposed work with centerlines and horizontal and vertical control points clearly identified in a sufficiently large scale to clearly indicate the extent and complexity of the work to be performed.

(5) Technical provisions, as may be required, to describe the method of construction and quality control for the proposed work.

(6) General provisions that specify the rights, duties and responsibilities of the applicant, applicant's engineer, contractor, and the prescribed order of work.

4. Alteration Permit Application Requirements. A permit to make alterations to a dam, its appurtenant works or reservoir shall not be issued until a final permit application is received and approved by the Department. The proposed work shall be clearly described in the final permit application which shall include a design report with appropriate plans and specifications. The areas which shall be addressed in the design report and the plans and specifications for an alteration permit are contained in subsequent paragraphs.

a. Design Report - The design report shall address and/or provide specific information pertaining to the following as appropriate or as specified by the Department.

(1) Information required in the design report for a construction permit.

(2) Complete description of the proposed work.

(3) Hydrologic and hydraulic calculations and assumptions relative to design of any alteration to the spillway system(s), the storage capacity of the reservoir, the normal pool and flood pool elevations or the height of the dam. Any alteration which affects the structure's ability to pass flood waters shall be designed so as to provide adequate capacity to safely pass the appropriate spillway design flood. Table 1 provides a range of design floods based on dam classification. The appropriate spillway design flood shall be based on the extent of downstream hazard within each range. The applicant shall justify to the Department's satisfaction any such alteration which is not designed in accordance with this provision.

(4) Calculations and assumptions relative to design of alterations to the structural elements of the dam. Foundation investigations and stability analysis may be required.

(5) Reservoir drawdown and refill schedule.

5. Removal Permit Application Requirements. A permit to abandon or remove a dam or reservoir shall not be issued until a final permit application is received and approved by the Department. The proposed work shall be clearly described in the final permit application which shall include a design report with appropriate plans and specifications. The areas which shall be addressed in the design report with plans and specifications for an abandonment permit are as follows:

a. Name and address of the applicant.

b. Detailed descriptions of the proposed changes.

c. Properties located in the flood plain below the dam including number of homes, buildings, roads, utilities and other property that might be endangered.

d. Maps showing the location of the structure that include the county, the location of state roads, access to the site and the outline of the reservoir. Aerial photographs or USGS maps may be used for this purpose.

e. Plans and specifications which shall address the following:

(1) Method of draining the reservoir including a proposed work schedule and statement of the sequence of operations.

(2) Method of disposal or stabilization of the sediment.

(3) Disposition of the dam materials.

(4) Description of the reclamation actions to be applied to the dam and impoundment area.

(5) Means for preventing future impoundment.

E. Permits.

1. The Department shall issue permits for construction, repair, alteration or removal of dams and reservoirs. All permits shall contain the general requirements as well as any special requirements necessary for the accomplishment of the work and shall specify a time when the proposed work is to be completed. The special requirements may also specify that the engineer performing the day-to-day construction inspection for the owner is required to submit construction reports to the Department at designated times. The owner shall apply for an extension of time for completion of the work specified in his permit if for any reason the work cannot be completed within the time specified in the permit. Any changes proposed after issuance of a permit shall be submitted to the Department by the owner and approved by the Department prior to initiation of any of the proposed changes. Failure to do so may result in permit revocation.

2. Permits are revocable by the Department in the event that the terms of the permit as set forth by the Department are violated. In the event that an owner's permit is revoked, the owner has the right to request a hearing before an Administrative Law Judge if the request is made within thirty (30) days after written notice of such revocation, as hereinafter provided in the Regulation covering Hearings and Hearings Procedures; provided, however, that the request for a hearing shall not act as a supersedeas.

F. Certification of Completion or Operation.

1. Notice of Completion. The owner shall file with the Department written notice of completion of the work for which a permit was issued. The notice shall be filed within ten (10) days after completion of the work, shall set forth the date of completion and shall be accompanied by written certification from the engineer that inspected the work that the work was performed in conformance with the plans and specifications approved by the Department.

2. As-Built Plans. The Department may, in its discretion, require the owner to file in duplicate supplementary drawings, in the form of paper prints, showing the dam and appurtenances as actually constructed or, in connection with the repair, alteration or removal of a dam or reservoir, showing the new work. Such supplementary drawings shall be filed within sixty (60) days after written notice from the Department.

3. Certificate of Completion and Operation. The Department shall issue a certificate of completion and operation upon receipt of a notice of completion from the owner and a written certification from the engineer and upon approval of the work by the Department. Prior to receipt of the certificate of completion and operation, the owner shall not impound water or raise the water level in the reservoir as may have been stated in the special provisions of the permit. The certificate shall contain the normal requirements for maintenance and operation which shall refer to, as a minimum, the following:

a. Such maintenance as is necessary to prevent the growth of trees and brush on the embankment and within the spillway system.

b. Such maintenance as is necessary to remove debris or other deleterious materials from the spillway systems.

c. Such required inspections as are necessary to insure that all gates, orifices, dissipators and other appurtenances that affect the operation of the dam and reservoir are kept in good repair and working order. Spillway and outlet gates that are required to operate to pass flood flows shall be test operated at least once each year and the owner shall provide reports as required by the Department.

S.C. Code Regs. § 72-3

Amended by State Register Volume 5, eff June 5, 1981; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 21, Issue No. 7, eff July 25, 1997.