Current through Register 1531, September 27, 2024
(1)
General
Application. Any person(s) who proposes to construct, repair,
materially alter, breach or remove a dam, pursuant to M.G.L. c. 253, must file
with the Commissioner a permit application to determine whether or not a
Chapter 253 Dam Safety Permit is required. Routine maintenance-related work
such as mowing, brush cutting, spillway debris removal and other site
maintenance does not require a Chapter 253 Dam Safety Permit. Approved permits
issued by the Commissioner do not relieve the applicant from required
compliance with M.G.L. c. 131, § 40, and, where applicable, M.G.L. c. 131,
§§ 5C and 19. Applications shall be sent by certified mail, return
receipt requested. All permit applications must comply with DCR's standard
design and construction criteria (see
302 CMR
10.14) . If the Commissioner determines that
the proposed dam falls within the jurisdiction of
302 CMR
10.00, the owner must complete the construction,
repair, alteration, breach or removal permit application as follows:
(a)
Preliminary
Report. The Permit application for any dam shall include a
preliminary report. (Filing of the preliminary report prior to filing the final
report, early in the site investigation and design schedule, is encouraged to
assure the Commissioner's concurrence with the hazard potential classification,
site investigations, design concept and required design analysis and supporting
data.) The preliminary report shall be filed with the permit application and
shall include, but not be limited to, the following information:
1. completion of all required information on
the application;
2. maps showing
the location of the proposed structure that include the county, location of
state roads, access to site, and outline of the reservoir (aerial photographs
or U.S. Geological Survey may be used);
3. preliminary drawings or sketches that
include cross sections, plans and profiles of the dam, proposed pool levels,
and type of all spillways;
4.
preliminary design criteria and basis for selection including a description of
the size, ground cover conditions, and extent of development of the watershed,
drainage area, spillway design storm, geology and geotechnical engineering
assumptions for the foundation and embankment materials, and type of materials
used in the principal spillway(s); and
5. book and page number of location of the
dam as recorded in the Registry of Deeds with the name of the
Registry.
(b)
Final Design Report. Approval or denial of a permit to
construct, repair, alter, breach or remove a dam will be issued within 60 days
from the time the final design report and permit application is received. The
final design report shall include, but may not be limited to, the following
information:
1. A report of the investigation
of the foundation soils or bedrock and the borrow materials, including the
location of borrow areas, that are to be used to construct or repair the
dam;
2. Analysis and/or criteria to
indicate that the dam will be stable during construction and filling and under
all conditions of reservoir operations;
3. Computations indicating that the dam is
safe against overtopping during occurrence of the inflow design flood and wave
action; however, wave action need not be considered when the design flood is
based on the full probable maximum precipitation (PMP);
4. Criteria, design data or references to
indicate that seepage flow through the embankment, foundation, and abutments
will be controlled to limit internal erosion and sloughing in the area where
the seepage occurs;
5. Calculations
and assumptions relative to design of the spillway(s);
6. Provisions to protect the upstream slope,
crest, and downstream slope of earth embankments and abutments from erosion due
to wind and rain;
7. Other design
data, assumptions and analysis data pertinent to individual dams and site
conditions as needed;
8. A proposed
construction schedule;
9. A
proposed filling schedule for the reservoir;
10. A maintenance and operation plan;
and
11. For all new high and
significant hazard potential dams, an emergency action plan to be implemented
in the event of a dam failure.
The preliminary report and the final design report may be
submitted as one document.
(2)
Construction
Documents. Two sets of plans and specifications must be submitted
along with the Final Design Report. The documents shall be detailed engineering
design drawings and specifications that include the following at a minimum:
(a) A cover sheet one showing the name of the
project; name of owner; hazard potential classification of the dam; designated
access to the project; and location with respect to highways, roads, streams,
and any dam(s) that would affect or be affected by the proposed
structure;
(b) Maps showing the
drainage area and outline of the reservoir and the ownership of properties
covered by the reservoir or flood pools;
(c) Geologic investigation, cross section,
profiles, logs of borings, location of borrow areas, drawing of principal and
emergency spillways, drawn in sufficient detail to clearly indicate the extent
and complexity of the work performed;
(d) The technical provisions, as may be
required, to describe the method of construction and quality control for the
project; and
(e) Special
provisions, as may be required, to describe technical provisions and
requirements needed to ensure that the dam is modified and repaired according
to the approved plans and specifications.
(3)
Notification.
The Commissioner shall notify the applicant in writing within 60 days following
the receipt of the completed application and all required technical design
submittals if the application is approved or disapproved. If the application is
disapproved an explanation will be provided.
(4)
Permit. Approval
of construction, drawdown, repair, alteration, breach or removal of a dam will
be contained in a Chapter 253 Permit to be issued by the Commissioner. A permit
may be subject to written general stipulations and/or written specific
stipulations deemed necessary by the Commissioner. No construction shall be
performed until the permit is issued and recorded in the Registry of Deeds for
the county within which the dam lies. The permit shall be valid for the
construction schedule specified in the approved final design report and
application. Construction must commence within two years after the permit is
issued. If construction does not commence within two years after the permit is
issued, the permit shall expire and a new application shall be submitted unless
prior to the permit expiration date, upon written application and for good
cause shown, the Commissioner extends the time for commencing
construction.
(5)
Recording a Chapter 253 Permit. A permit to construct,
drawdown, repair, alter, breach or remove a dam shall be recorded at the
Registry of Deeds in the county where the dam lies. Recording must be done
prior to the commencement of construction and a copy of the recorded permit
filed with the Commissioner.
(6)
Notice of Construction and Drawdown Notification.
(a) For dam safety permitted projects, at
least 21 days before construction and/or controlled drawdown is commenced, the
owner shall provide notice by certified and/or registered mail to the
Commissioner, the local Conservation Commission and to the Commonwealth
Division of Fish and Wildlife, Field Headquarters, 1 Rabbit Hill Road,
Westborough, MA 01581 attn: Natural Heritage and Endangered Species
Section.
(b) In cases of emergency
conditions, when repairs are necessary to safeguard life and property, they may
be started under the provisions of M.G.L. c. 253, § 47 upon notification
by the Commissioner that an emergency condition exists. The owner shall assign
a registered professional engineer to monitor any drawdown for the first four
hours after its commencement, observing conditions at least on an hourly basis.
Thereafter, the owner or his or her registered professional engineer shall
monitor the drawdown at least once each 24 hours, or as otherwise determined by
the Commissioner, until drawdown has been completed. Except for emergency
drawdowns in accordance with an order issued by the Commissioner, to meet
standards established by the Commonwealth Division of Fisheries and Wildlife,
drawdown rates should not exceed four cubic feet per second per square mile of
drainage area (CFSM), as measured at the outlet structure. During
re-impoundment, 0.5 cfsm should be maintained at the outflow.
(7)
Entry. During construction, the Commissioner or his or
her designee may enter upon the property to inspect without prior notice and
may direct any additional testing or actions as required.
(8)
Removal of Dams.
If it is desirable to remove a dam due to new construction, abandonment or
unsafe conditions, the owner shall be required to comply with 302 CMR 10.09
regarding the construction and repair of dams. Upon complete removal of the
dam, the Commissioner will issue a Certificate of Approval stating that the
removal has been in accordance with the approved plans and specifications, or
any approved revisions thereof.
