Section 299.22 - Review and Approval of Construction Plans and Specifications(a) General. (1) The owner shall submit final construction plans and specifications, which are sealed, signed, and dated by a professional engineer, to the executive director for review and approval before commencing construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam. Emergency repairs are defined in § 299.2(23) of this title (relating to Definitions) and § 299.45 of this title (relating to Emergency Repairs).(2) The executive director shall not issue approval of final construction plans and specifications for construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam until a water rights permit or an Edwards Aquifer protection plan, if required, is issued.(3) The executive director shall not issue approval of final construction plans and specifications for construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam unless the plans and specifications include language, or design criteria, that requires the proposed contractor to develop a Storm Water Pollution Prevention Plan and submit a Notice of Intent (NOI) for coverage under the State of Texas Construction General Permit (TXR150000), if applicable.(4) The owner shall not allow construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam to be commenced before the executive director's review of the final construction plans, specifications, and other engineering reports and the owner receives written approval of the final construction plans and specifications. The owner shall provide a copy of the executive director's written approval to the contractor before commencing construction.(5) Construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam shall be performed according to the final construction plans and specifications approved by the executive director unless construction change orders have been approved as indicated in § 299.26 of this title (relating to Construction Change Orders).(b) Construction plans. (1) Construction plans for proposed dams must be 22 inches by 34 inches in size. The plans may be reduced to 11 inches by 17 inches in size if all details are clearly legible and an accurate scale is included. A scale must be included on all sheets of the construction plans. The plans must include the following, as applicable: (A) a vicinity map that shows the location of the proposed dam and appurtenant structures with respect to: (i) boundaries of political subdivisions;(vi) transmission lines; and(B) a topographic map of the dam site with: (i) contour intervals not to exceed five feet;(ii) latitude and longitude (in decimal degrees to six decimal places) of the midpoint of the dam using the North American Vertical Datum of 1988 conus datum; and(iii) a superimposed plan of the dam showing the locations of any:(III) borings and test pits;(IV) possible borrow areas; and(C) a profile of the dam site taken on the long axis of the dam showing:(i) the location of the outlet conduit and each spillway;(ii) the proposed bottom of the core trench; and(iii) elevations of all features.(D) a profile of each spillway along its long axis;(E) a log of all borings showing the classification of materials encountered below the surface, if not provided in a separate geotechnical report;(F) a cross section of the dam at maximum section showing complete details and dimensions;(G) detailed sections of outlet conduits, control works, and spillways with a sufficient number and detail to delineate all of these features;(H) the proposed location of all permanent instrumentation, pressure cells, settlement plates, piezometers, inclinometers, slope indicator casings, data acquisition systems, or other devices;(I) the requirements, or design criteria, for the proposed contractor to develop a Storm Water Pollution Prevention Plan and submit a NOI, if applicable, or authorization under TXR150000; and(J) other design standards as described in the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.(2) Construction plans for the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of existing dams must be 22 inches by 34 inches in size. The plans may be reduced to 11 inches by 17 inches in size if all details are clearly legible and an accurate scale is included. A scale must be included on all sheets of the construction plans. The plans must include the following, as applicable:(A) a vicinity map that shows the location of the dam and spillways with respect to: (i) boundaries of political subdivisions;(vi) transmission lines; and(B) detailed sections of the dam, spillways, outlet conduit, or control works being enlarged, altered, or repaired with sufficient detail to delineate the work to be performed;(C) a log of all borings, if necessary, showing the classification of materials encountered below the surface, if not provided in a separate geotechnical report;(D) the requirements, or design criteria, for the proposed contractor to develop a Storm Water Pollution Prevention Plan and submit a NOI, if applicable or authorization under TXR150000; and(E) other design criteria as described in the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.(c) Specifications. The specifications must include the following:(1) the requirements for the various types of materials to be used in the construction or reconstruction, modification, enlargement, rehabilitation, alteration, or repair of the dam, spillways, outlet conduits, and control works;(2) a provision that plans and specifications will not be substantially changed without either written approval of the executive director before the work is started, or notification of the changes as defined in § 299.26 of this title;(3) a requirement that the proposed contractor develop and implement a Storm Water Pollution Prevention Plan, if applicable, and submit an NOI for authorization under TXR150000; and(4) other design specifications as described in the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.(d) Engineering reports and plans.(1) Engineering reports that may be required by the executive director for review include: (A) a geotechnical, geological, and structural evaluation report that includes the information described in § 299.16 of this title (relating to Structural Evaluation of Dams);(B) a stability analysis for proposed large- and intermediate-size dams as defined in § 299.13 of this title (relating to Size Classification Criteria), and large- and intermediate-size dams that are proposed to be reconstructed or structurally modified, enlarged, rehabilitated, or altered, as described in § 299.16 of this title;(C) a hydrologic and hydraulic report for proposed dams and dams that are to be reconstructed, modified, enlarged, rehabilitated, altered, or repaired, that includes the information described in the most current version, at the time of the analysis, of the agency's Hydrologic and Hydraulic Guidelines for Dams in Texas;(D) a report on proposed instrumentation for proposed large dams and existing large dams, as defined in § 299.13 of this title, that are to be reconstructed, modified, enlarged, rehabilitated, altered, or repaired. This report must include: (i) types and locations of proposed instrumentation;(ii) depths of instrumentation; and(iii) frequency and duration of data collection.(E) any reports prepared for addressing site-specific conditions and recommendations.(2) Engineering plans that may be required by the executive director for review include:(A) a quality control and assurance plan for all proposed dams. This plan must include: (i) designation and qualifications of the on-site inspector(s);(ii) designation of a testing laboratory;(iii) types and frequency of tests to be conducted; and(iv) a construction schedule.(B) a plan for closure of any proposed dam that requires a closure section. This plan must include:(i) the percentage of construction work that will be completed or the amount of construction that would be completed before closure would start;(ii) the sequence to be followed during closure; and(iii) the estimated time to complete closure.(C) a plan for addressing possible emergencies that threaten the integrity of the dam for all proposed high- and significant-hazard dams during construction. This plan must include: (i) a flow chart for notification of emergency management officials and the downstream public;(ii) identification of possible emergencies that could occur during construction and potential consequences;(iii) technical requirements for addressing any possible emergencies; and(iv) responsibilities of all parties.(e) Review and approval process. (1) The executive director shall review the final construction plans, specifications, and engineering reports and plans according to the most current version, at the time of the design, of the agency's Design and Construction Guidelines for Dams in Texas.(2) If the final construction plans and specifications meet the requirements of this chapter and accepted engineering practices, the executive director shall issue written approval to the owner unless the plans and specifications are for a proposed dam and have been submitted as part of the application for a water rights permit or for an Edwards Aquifer protection plan. (A) If the final construction plans and specifications are for a proposed dam and have been submitted as part of the application for a water rights permit, the executive director shall advise the owner that the plans and specifications meet the requirements of this chapter and accepted engineering practices. However, the executive director shall not issue written approval of the final construction plans and specifications until the water rights permit is issued and a time limitation section, in compliance with Texas Water Code, Chapter 11, has been added to the water rights permit requiring construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam to be started and completed within specified time frames.(B) If the final construction plans and specifications are for a proposed dam and have been submitted as part of the application for an Edwards Aquifer protection plan, the executive director shall not issue written approval of the final construction plans and specifications until the Edwards Aquifer protection plan is issued by the appropriate regional office.(3) If the final construction plans and specifications do not meet the requirements of this chapter, the executive director shall provide the owner written comments on the items needing revision.(4) After receipt of the revised final construction plans and specifications or an addendum to the plans and specifications, the executive director shall review and issue written approval to the owner if all requirements in this chapter and accepted engineering practices have been met.(5) If all requirements still have not been met, the executive director shall either provide the owner written comments on the items still needing revision or schedule a meeting with the owner to discuss the items needing revision.(6) Upon submission of the revised, and agreed on, final construction plans and specifications or an addendum to the plans and specifications, the executive director shall issue written approval to the owner if applicable rules and accepted engineering practices have been met.(f) Time limitations after approval of final construction plans and specifications. (1) If construction of a proposed dam or the reconstruction, modification, enlargement, rehabilitation, alteration, or repair of an existing dam is not commenced within four years of the executive director's approval of final construction plans and specifications, the approval will be subject to reevaluation. If rules, regulations, and accepted engineering practices or the downstream hazard classification have changed during the four-year period, the approval may be considered invalid regardless of any extension of time authorizations given according to Chapter 295 of this title (relating to Water Rights, Procedural) and Chapter 297 of this title (relating to Water Rights, Substantive).(2) If the executive director determines that the approval is invalid, the executive director shall notify the owner in writing that new construction plans, specifications, and other engineering reports must be submitted before the work may commence.(3) The new construction plans and specifications must meet the requirements of the rules and regulations in effect at the time of the reevaluation.30 Tex. Admin. Code § 299.22
The provisions of this §299.22 adopted to be effective January 1, 2009, 33 TexReg 10465