W. Va. Code R. § 47-34-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 47-34-6 - Plans and Specifications

6.1. Plans and Specifications - Plans and specifications relating to the design, placement, construction, enlargement, alteration, removal, abandonment, or repair of a dam must be prepared in accordance with the requirements of sections 7 through 12.

6.2. Engineer's Signature and Seal Required - All plans and specifications shall be signed and sealed by an engineer. The engineer's signature and seal are required on each full-size plan sheet, even if the sheets are bound together, and are further required on the front page of any engineering report book and each unbound sheet of drawings or specifications included in appendices or pockets.

6.3. Engineering Practices - All plans and specifications for the placement, construction, enlargement, alteration, breaching, removal, abandonment, or repair of a dam shall be in the charge of an engineer.

6.3.a. Standard Practices - All engineering designs, procedures, processes, and analyses shall be based upon standard, accepted, and sound engineering practices. Practices which are questionable or difficult to prove analytically may be rejected by the Secretary or returned for additional information.

6.3.b. Experimental Practices - Experimental design will not be approved by the Secretary unless the experiment meets the following conditions:

6.3.b.1. Engineering analysis indicates the design is realistic and success is likely;

6.3.b.2. Failure of the experiment to perform properly will not endanger life and property or cause the failure of the dam; and

6.3.b.3. The engineer and dam owner agree to redesign and modify the experimental design if it does not perform properly.

6.4. Plan Package Organization - Each plan package submitted for approval shall contain the following information, arranged in the following order, unless an alternative submission format is approved by the Secretary:

6.4.a. Project Narrative - A general narrative discussion of the project shall be included in the plan package to detail the following:

6.4.a.1. Existing site conditions;

6.4.a.2. Local geology and geotechnical considerations;

6.4.a.3. Design life of the dam and its appurtenances;

6.4.a.4. Subsidence potential;

6.4.a.5. Design techniques with associated design computations and data;

6.4.a.6. Environmental protection measures for the control of erosion and sedimentation and for the disposal of construction wastes;

6.4.a.7. Method of construction, including clearing and grubbing, topsoil stockpiles, and surface and subsurface drainage structures;

6.4.a.8. Phases or sequence of construction; and

6.4.a.9. Routine inspection and maintenance procedures and schedules.

6.4.b. Construction Sequence and Schedule - A proposed or recommended sequence of construction, with a schedule listing the anticipated number of working days necessary to accomplish each item in the sequence, shall be included in the plan package. The construction sequence and schedule must be specific to the dam and must cover the following general categories:

6.4.b.1. Sediment control measures;

6.4.b.2. Clearing and grubbing;

6.4.b.3. Road or utility relocations;

6.4.b.4. Development of borrow areas;

6.4.b.5. Placement of coffer dams or diversions;

6.4.b.6. Excavation of foundation areas;

6.4.b.7. Excavation of spillways;

6.4.b.8. Placement of embankment or structural materials;

6.4.b.9. Placement of spillways and appurtenances to spillways;

6.4.b.10. Seeding and mulching of the project area;

6.4.b.11. General cleanup of the project area; and

6.4.b.12. Other information as requested by the Secretary.

6.4.c. Project Specifications - Specifications submitted with the plan package must be specific to construction of the dam or must contain a specific section concerning construction of the dam. Inclusion of specifications for the dam throughout other general construction specifications is not acceptable. Specifications shall be included in the plan package to detail the following:

6.4.c.1. Clearing and grubbing;

6.4.c.2. Soil stockpiles;

6.4.c.3. Subdrain construction;

6.4.c.4. Slopes;

6.4.c.5. Grades;

6.4.c.6. Surface drainage structures such as embankment diversion ditches;

6.4.c.7. Spreading and compaction requirements, including lift thicknesses, moisture content, and degree of compaction;

6.4.c.8. Material and gradation requirements for subsurface drainage structures;

6.4.c.9. Pipes;

6.4.c.10. Concrete, including testing and curing;

6.4.c.11. Anti-seep mechanisms;

6.4.c.12. Cutoff trenches including specific treatment of joints, bedding planes, fractures, weak zones, overhangs or faults;

6.4.c.13. Channel and slope protection (e.g., riprap);

6.4.c.14. Project quality control and testing;

6.4.c.15. Blasting;

6.4.c.16. Construction erosion and sediment control;

6.4.c.17. Construction waste disposal;

6.4.c.18. Dust abatement;

6.4.c.19. Revegetation;

6.4.c.20. Installation and reading of monitoring devices;

6.4.c.21. Inspection and maintenance; and

6.4.c.22. Other information as requested by the Secretary.

6.4.d. Maps and Drawings.

6.4.d.1. Maps shall be included in the plan package showing the project area in relation to primary highways, county seats, and major drainages. County highway maps may be used for this purpose.

6.4.d.2. A map showing the limits of the watershed with respect to the project area shall be included in the plan package. The minimum map scale meeting this requirement is a 7-1/2 minute United States Geological Survey topographic map with the project area plotted on it.

6.4.d.3. A plan view map of the project area that shows all disturbed and reservoir areas shall be included in the plan package showing detailed contour intervals (i.e., a five-foot maximum interval).

6.4.d.3.A. The location of the following items, if present, shall be plotted on the plan view map:

6.4.d.3.A.1. Caves;

6.4.d.3.A.2. Cemeteries and graves;

6.4.d.3.A.3. Seeps;

6.4.d.3.A.4. Springs;

6.4.d.3.A.5. Mine drainage;

6.4.d.3.A.6. Underground mine openings;

6.4.d.3.A.7. Underground mine workings;

6.4.d.3.A.8. Borings and test pits;

6.4.d.3.A.9. Cross-sections;

6.4.d.3.A.10. Project stationing;

6.4.d.3.A.11. Reference points;

6.4.d.3.A.12. Instrumentation;

6.4.d.3.A.13. The subdrain system;

6.4.d.3.A.14. Diversion channels;

6.4.d.3.A.15. Surface water drainage channels;

6.4.d.3.A.16. Spillway channels;

6.4.d.3.A.17. Borrow source areas; and

6.4.d.3.A.18. Proposed waste disposal areas.

6.4.d.3.B. Additional detailed plan views of the dam or its spillways and appurtenances may be required by the Secretary.

6.4.d.4. Transverse and longitudinal cross-sections and profiles of the dam shall be included in the plan package showing original ground, subdrain locations, elevations, benches, spillways, and other pertinent features of the project area. A cross-section shall be provided for stability computations showing the dam at critical areas, with subsurface data plotted in accordance with the provisions of part 7.4.b.1.D.4.

6.4.d.5. Cross-sections and profiles of major drainage facilities shall be included in the plan package.

6.4.d.6. Construction drawings shall be included in the plan package showing subdrains, spillways, anti-seep mechanisms, and other pertinent structures.

6.4.e. Inventory of Protected Sites.

6.4.e.1. An inventory of sites protected under State or federal law must be conducted by each applicant seeking a certificate of approval to:

6.4.e.1.A. Construct a new dam; or

6.4.e.1.B. Alter or enlarge an existing dam whereby new areas will be disturbed or flooded.

6.4.e.2. The minimum acceptable protected sites inventory shall include the following components:

6.4.e.2.A. A field survey shall be conducted by the applicant or his or her agents to ascertain the presence of any cave (i.e., a naturally occurring underground subterranean cavity such as a cavern or grotto) within the area to be disturbed or flooded by the project. The location of all caves must then be plotted on the plan view map required under paragraph 6.4.d.3. If no caves are present in the area to be disturbed or flooded, that fact must be noted in a statement attached to the plan view map submitted to the Secretary.

6.4.e.2.B. A field survey shall be conducted by the applicant or his or her agents to ascertain the presence of any cemetery or grave within the area to be disturbed or flooded by the project. The location of all cemeteries and graves must then be plotted on the plan view map required under paragraph 6.4.d.3. If no cemeteries or graves are present in the area to be disturbed or flooded, that fact must be noted in a statement attached to the plan view map submitted to the Secretary.

6.4.e.2.C. A copy of the plan view map required under subparagraph 6.4.d.3. shall be sent by the applicant to the West Virginia Division of Natural Resources, Nongame Wildlife Program, P.O. Box 67, Elkins, West Virginia 26241. A letter of transmittal that briefly explains the nature of the applicant's project must accompany the map so that State officials may have the opportunity to assess whether the applicant's project will adversely impact any animal or plant species that is listed by the federal government as endangered or threatened in Endangered Species Act. [1987 Stat. 884, as amended: 16 U.S.C. 1531 et seq.]. A copy of the applicant's letter of transmittal must be included in the plan package submitted to the Secretary; and

6.4.e.2.D. A copy of the plan view map required under subparagraph 6.4.d.3. shall be sent by the applicant to the West Virginia Division of Culture and History, Historic Preservation Unit, Cultural Center, State Capitol Complex, 1900 Kanawha Boulevard East, Charleston, West Virginia 25305. A letter of transmittal that briefly explains the nature of the applicant's project must accompany the map so that State officials may have the opportunity to assess whether the applicant's project will adversely impact any historic site that is listed by the West Virginia Division of Culture and History on the State Register of Historic Places. A copy of the applicant's letter of transmittal must be included in the plan package submitted to the Secretary.

6.4.e.3. If either artifacts of historical significance or human remains are uncovered by construction or related activities, the Dam Safety Section must be contacted immediately. The Secretary may suspend activities in the vicinity of such artifacts or remains until appropriate investigations have been conducted.

6.4.f. Erosion and Sediment Control - The plan package must include either:

6.4.f.1. A copy of the applicant's letter transmitting a permit application for the WV/NPDES Storm Water Construction General Permit to the Secretary, if the disturbed area within the site will exceed limits necessary for a NPDES permit, or;

6.4.f.2. An erosion and sediment control plan as required in subdivision 7.5.a., if the disturbed area within the site is less than the limits necessary for a NPDES permit.

W. Va. Code R. § 47-34-6