Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-4-2 - Definitions2.1. "Abandonment" means to render a dam non-impounding by eliminating the reservoir created by that dam and by re-establishing the natural drainage around or through that site.2.2. "Appurtenances" means any ancillary part of a dam or reservoir system which contributes to the operation and construction of the dam.2.3. "Breach" means partial removal of a dam, creating a channel through the dam.2.4. "Bridge" means a structure, including any abutments or supports appurtenant to that structure, which:2.4.a. meets the definition of "dam" set forth in Section 2.7 of these rules;2.4.b is constructed across a natural drain way for the purpose of maintaining a pathway, railway, roadway support structure or other static or moving loads and;2.4.c. has an opening under the structure to provide for the passage of normal stream flow.2.5. "Certificate of Approval" means the approval in writing issued by the Secretary to an applicant who has applied for certification authorizing such person to place, construct, enlarge, alter, remove, abandon or repair a dam and which specifies the conditions or limitations under such work is to be performed by the applicant. Such an approval shall also be required whenever there is a change in ownership or control of dam whether such a dam is active or inactive or being abandoned.2.6. "Channel Protection" means any measure to prevent or control erosion, cavitation, or other destructive processes in channels such as diversion ditches and spillways.2.7. "Dam" means an artificial barrier or obstruction including works appurtenant to it and be placed, constructed, enlarged, altered or repaired so that it does or will impound or divert water and is or will be twenty-five (25) feet or more in height from the natural bed of a stream or watercourse measured at the downstream toe of the barrier and which does or can impound fifteen (15) acre-feet or more of water or is or will be six (6) feet or more in height from the natural bed of such stream or watercourse measured at the downstream toe of the barrier and which does or can impound fifty (50) acre-feet or more of water.2.8. "Dangerous Condition" means any structural or hydraulic condition of a dam or its appurtenances which may lead to:2.8.a. Failure of the dam and possible loss of human life or substantial loss of property;2.8.b. Harm to the public health or welfare, or2.8.c. Significant harm to the environment.2.9. "Design Storm" means predicted precipitation of given intensity, frequency, and duration based upon national weather service data that is required to be considered in the design of a dam.2.10. "Diversion Ditch" means a designed channel constructed for the purpose of collecting and transmitting surface runoff resulting from a given design storm.2.11. "Embankment" means a man made deposit of earth or waste materials, usually exhibiting at least one sloping face, that is raised above the natural surface of the land.2.12. "Embankment Stability" means the degree of safety relative to structural failure of the embankment.2.13. "Emergency Condition" means an imminently dangerous condition where failure of the dam is possible at any time.2.14. "Emergency Spillway" means a hydraulic structure designed to discharge water in excess of that which an impoundment is designed to store or which cannot be passed through a principal spillway.2.15. "Engineer" or "Registered Professional Engineer" means a person who by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering, acquired by professional education and practical experience, is qualified to engage in the practice of professional engineering and holds a current certificate of registration issued by the State granting its licensee the privilege of practicing professional engineering in accordance with the provisions of W. Va. Code §30-13.2.16. "Foundation" means soil, bedrock or other earth material on or against which an embankment or other structure is placed.2.17. "Freeboard" means the vertical distance between the lowest point of the crest of the embankment and the reservoir water surface.2.18. "Geotechnical Engineering" means the application of soil mechanics, rock mechanics, and geology to the solution of problems involving engineering structures and their interaction with surrounding earth materials.2.19. "Hazard Classification" means a classification rating assigned to a structure based upon engineering evaluation and judgment predicting the potential damage to human life, property and environment should a failure to the structure occur.2.20. "Hydraulics" means the study of the physical behavior of liquids, especially water, in natural or man-made systems or process.2.21. "Hydrologic Analysis" means a determination, using accepted engineering methods, to establish surface water runoff for a given design storm.2.22. "Hydrology" means the science that deals with the occurrence and behavior of water in the atmosphere, on the ground, and underground.2.23. "Impoundment" means a basin constructed for the retention of water, sediment, slurry or other liquid or semi-liquid material.2.24. "Incised Reservoir" means an impoundment, or that portion of an impoundment, which has been excavated below the natural stream level into natural ground.2.25. "Natural Bed" means the lowest elevation of stream, intermittent stream, or channel created by nature which has not been altered or change by the actions of man.2.26. "Natural Drain Way" means any natural watercourse which may carry water to the tributaries and rivers of the watershed.2.27. "P100" means the rainfall amount based upon a one hundred (100) year frequency, twenty-four (24) hour duration rainfall event (i.e., a 100-year, 24 hour storm).2.28. "Peak Runoff" means the maximum flow in a specified geographic location resulting from a given design storm.2.29. "Piping" means progressive internal erosion of earth material or adjacent unaltered material caused by water movement through embankment material with sufficient force to move soil particles, leading to the development of a channel or a hole.2.30. "Pore Pressures" means water pressures generated in foundation soils or embankments due to compression by loads imposed by construction of an embankment or other structures.2.31. "Primary Highway" means those roadways which are designated as interstate routes, United States numbered routes, or West Virginia numbered routes.2.32. "Principal Spillway" means the hydraulic structure designed to discharge water stored between the normal pool and the emergency spillway invert elevations.2.33. "Probable Maximum Precipitation" or "PMP" means the depth-duration-area rainfall event for a particular area that represents the maximum of the most critical meteorological conditions that are considered possible to occur.2.34. "Project Area" means all areas physically affected by the construction of a dam including, but not limited to, the dam and its appurtenances, the reservoir area, construction zones, permanent or temporary access roads, borrow areas, materials storage areas staging areas, and waste disposal areas.2.35. "Road Fill" means a barrier or obstruction which:2.35.a. Meets the definition of "dam" set forth in Section 2.7 of these rules.2.35.b. Is constructed across a natural drain way for the purpose of maintaining a roadway or similar crossing across that drain way; and2.35.c. Has a culvert located in the drain way that is of sufficient size to prevent the normal impoundment of water.2.36. "Safety Factor" or "Factor of Safety" means the ratio of the sum of the forces or moments resisting mass movement to the sum of the forces or moments tending to produce mass movement.2.37. "Secretary" means the Secretary of the Department of Environmental Protection or his authorized representative.2.38. "Sediment" means solid material that is either in suspension, is being transported, or has been moved from its site of origin and has come to rest on the earth's surface.2.39. "Serious Problem" means a situation which left uncorrected may lead to a dangerous condition.2.40. "Significant Harm to the Environment" means the degradation of public or private source water supply, the alteration of habitat that adversely affects wildlife, or the reduction of productivity of agricultural land.2.41. "Site" means the location of a dam, including the dam and its appurtenances, the reservoir area, diversion ditches, and sediment control facilities.2.42. "Slope Protection" means measures taken to control erosion on slopes.2.43. "Slope Stability" means the relative degree of safety from the development of a landslide in a slope, as defined by one or more standard engineering methods of analysis.2.44. "Stabilization" means to control movement of soil, spoil piles or areas of disturbed earth.2.45. "Strength Parameters" mean those engineering values obtained form standard engineering shear strength tests of soil or soil like material.2.46. "Subsidence" means sinking, collapsing, or cracking of a portion of the earth's surface resulting from the presence of a void or voids beneath the surface.2.47. "Transfer or Sale of Rights" means a change in ownership pursuant to 38CSR2-2.131. of the WV Surface Mining Reclamation Rules or other effective control over the right granted in a approval2.48. "Zone of Saturation" means the zone below the piezometric surface in which all voids are filled with groundwater.