(a) Before removing
or abandoning a dam, a person must apply to the department under this section
for a certificate of approval. Unless the department determines that an item or
document is not required for the protection of life or property, the following
information and documents must be submitted to the department for review and
approval:
(1) a completed application form
provided by the department, signed by the owner, and accompanied by a
non-refundable application fee described under 11 AAC05.260(c)(2), based on
estimates of the applicable costs prepared as required in 11AAC93.171(f)(4)(D);
(2) design drawings and
specifications for the proposed final configuration of the dam and reservoir
site; for Class I and Class II dams, design drawings and specifications must be
sealed by an engineer qualified under
11 AAC
93.193(a);
(3) a description of the method and means to
dewater or stabilize the reservoir and to breach, remove, or abandon the
dam;
(4) a description of the
method and means to control erosion at the site during and after the breach,
removal, or abandonment, including
(A)
controlling sediment transport from the area of the reservoir; and
(B) restoring the reservoir bed and stream
channel, or otherwise reclaiming the system;
(5) if the entire dam is not removed,
(A) a hydrologic and hydraulic evaluation of
the proposed final configuration of the dam or barrier during the probable
maximum flood or other inflow design flood determined in substantial accordance
with 11 AAC 93.195;
(B) a stability evaluation of the proposed
final configuration of the dam or barrier under static conditions and under
dynamic conditions using seismic parameters for the maximum design earthquake;
those parameters must be determined in substantial accordance with the
guidelines from the United States Army Corps of Engineers'
Earthquake
Design and Evaluation for Civil Works Projects, publication ER
1110-2-1806, dated July 31, 1995 and adopted by reference, or must be
determined in substantial accordance with another approach approved by the
department to be adequate to protect life and property;
(C) operation and maintenance requirements
for the proposed final configuration of the dam or barrier; and
(D) a statement regarding whether the final
configuration of the dam or barrier constitutes a dam under
AS
46.17.900 and remains subject to regulation
under 11 AAC 93.151 -
11 AAC 93.201;
(6) for mine tailings dams, a
(A) description of the probable potential
failure modes of the dam and tailings storage system in the proposed final
configuration;
(B) description of
long-term expectations for consolidation of the dam and tailings, for the
phreatic surface of groundwater within the dam and tailings, for the
performance of the dam underdrain system, and for the quantity and
characteristics of seepage; and
(C)
performance bond or other financial assurance adequate to provide sufficient
money to pay for the costs of post-closure monitoring, operation, maintenance,
and inspection, as required under this section;
(7) a schedule for completing the
work;
(8) a description of the
steps that have been taken with regard to abandoning any water rights issued
under AS 46.15;
(9) a post-closure
monitoring and maintenance plan;
(10) an agreement to release, apply, or
transfer any bond or other financial assurance approved by the department under
11 AAC
93.171(d).
(b) Within 30 days after completing the
removal or abandonment of a dam, the owner of the dam shall provide the
department with the following information and documents:
(1) a description of how activities described
in the information and documents provided under this section were
conducted;
(2) a description of
unexpected conditions encountered;
(3) photographs documenting construction or
demolition progress and final conditions.
The United States Army Corps of Engineers' Earthquake
Design and Evaluation for Civil Works Projects, adopted by reference in 11 AAC
93.172(a) (5)(B), may be viewed at the Department of Natural Resources,
Division of Mining, Land and Water, Dam Safety and Construction Unit, 550 West
7th Avenue, Anchorage, Alaska.
