Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
5103 - Delaware Dam Safety Regulations
Section 5103-9.0 - Requirements for Construction

9.1.1 Construction shall be conducted under the observationof the Supervising Engineer as defined in these Regulations. The Supervising Engineer shall submit progress reports to the Department at least once each month during the construction period.

9.1.2 All applicants shall submit a written description of the work to be performed and schedule of the proposed construction, including:

9.1.3 The Supervising Engineer shall submit the Construction Quality Control Plan as described below. The plan must be approved by the Department, prior to construction.

9.1.4 No water may be permanently stored in the reservoir until the applicant demonstrates to the Department that storage of water will neither interfere with construction activities nor create a hazard to life, health, or property.

9.1.5 The applicant shall promptly advise the Department of all proposed changes in the approved design, plans, or specifications. There may be no change in the approved design, plans, or specifications without prior approval of the Department. All approved changes must be recorded on the complete set of as-built plans, as required below. The Department may require the submission of revised designs at any time. Written prior approval from the Department is required for major modifications, which shall include significant changes in scale, use, design, impact, etc., of the project as initially approved. The Department may require written prior approval of any proposed modification.

9.1.6 Within 7 days of completion of construction, the Owner or Supervising Engineer shall notify the Department that construction has been completed.

9.1.7 Within 60 days of completion of construction, the Supervising Engineer shall submit the written Supervising Engineer's Certificate with accompanying project documentation as required in Section 9.3.3.

9.1.8 The Department may, in its discretion, require the owner to obtain the services of an independent review board to oversee the design and construction of any proposed or existing dam.

9.2.1 A description of the work that is to be inspected

9.2.2 A description of the tasks to be used to adequately inspect the work to verify that it has been conducted in general accordance with the approved design, and the frequency or duration of site visits and inspections (such as full-time, during pre-defined critical activities, etc.)

9.2.3 A description of the field and laboratory testing, including the types and frequency of tests, the requirements for acceptable tests, and the procedures for addressing test results that are out of compliance

9.2.4 The name(s) and qualifications of the site quality control representative(s) who will work under the direction of the Supervising Engineer

9.3.1 The Supervising Engineer shall submit periodic construction progress reports to the Department. Progress report forms and the frequency of reporting will be provided by the Department before construction.

9.3.2 A history of the construction shall be maintained at the construction site by the Supervising Engineer and shall include:

9.3.3 As required in Section 9.1.7, before filling the reservoir, the Supervising Engineer shall submit to the Department, the above information along with the Supervising Engineer's Certificate stating that to the best of his/her knowledge, the completed structure has been constructed in general accordance with plans and specifications and changes approved by the Department. The Supervising Engineer's Certificate shall state that the structure has been made ready for filling and that the pool area has been cleared of debris. The report shall describe the limitations on the amount of water restrained from flowing downstream and describe the methods to be followed for the surveillance of the project during the period when the structure is receiving its initial loading.

9.4.1 The Department may inspect the dam during construction to ensure that it is being built in compliance with the designs, plans, and specifications submitted to the Department. Departmental inspections in no way relieve either the permittee or the Supervising Engineer from the responsibility of providing adequate inspection of the work.

9.4.2 If, at any time during the progress of the work, the Department finds that the work is not being performed in accordance with the approved designs, plans, and specifications and any approved changes, the Department will serve a written notice to that effect on the permittee or his representative. Such notice will state the particulars with which the work has not complied. Additionally, the Department may order the immediate compliance with such designs, plans, specifications, and changes and order the suspension of all other work until compliance has been effected. If the owner or his representative fails to comply with this order, the permit under which construction is authorized may be revoked or suspended by the Department.

9.4.3 Within 60 days of receipt of the Supervising Engineer's Certificate and as-built plans (as required in Section 9.3.3), the Department will visit the site and issue its final approval with a Permit to Impound if it finds that the construction has been completed in general accordance with the approved designs, plans, specifications, and approved changes.