Current through Register Vol. 39, No. 6, September 16, 2024
(a) Any person(s)
who proposes to construct, repair, alter or remove a dam must file with the
Director a statement concerning the location of the dam, including the name of
the stream and county, height, purpose, and impoundment capacity, 10 days
before start of construction. If the Director determines that the proposed dam
is exempt from the law, the applicant will be notified and he may then proceed
with the construction.
(b) If the
Director determines that the proposed dam is not exempt from the Dam Safety Law
of 1967, the applicant will be so notified within 10 days of receipt of the
statement described in (a) of this Rule and construction may not commence until
a full and complete application has been filed and approved. This application
must be filed at least 60 days before the proposed start of construction:
(1) When an application to construct a dam
has been completed pursuant to Subsection (a) of this Rule, the department
shall refer copies of the completed application papers to the Department of
Human Resources, the Wildlife Resources Commission, the Department of
Transportation, and such other state and local agencies as it deems appropriate
for review and comment.
(2) Before
commencing the repair, alteration, or removal of a dam, application shall be
made for written approval by the department, except as otherwise provided by
this Subchapter or in accordance with
G.S.
143-215.27(b). The
application shall state the name and address of the applicant; shall adequately
detail the changes it proposes to effect; and shall be accompanied by maps,
plans, and specifications setting forth such details and dimensions as the
department requires. The department may waive such requirements in accordance
with G.S.
143-215.27(a). The
application shall give such other information concerning the dam and reservoir
required by the department concerning the safety of any change as it may
require, and shall state the proposed time of commencement and completion of
the work. When an application has been completed, it may be referred by the
department for agency review and report as provided by
G.S.
143-215.26(b) in the case of
original construction.
(c) The application for any dam shall include
a preliminary report. (Filing of the preliminary report prior to filing the
final design report, early in the site investigation and design schedule, is
encouraged to assure the state's concurrence with the hazard classification,
site investigation, and design concept. This is especially encouraged for class
C dams.) The preliminary report shall be filed with the application and shall
include the following information:
(1) a
general description of the dam and appurtenances and a proposed classification
as set forth in Rule .0105 of this Subchapter; The description shall include a
statement of the purpose for which the dam is to be used;
(2) a description of properties located below
the dam including number of homes, buildings, roads, utilities, and other
property that, as determined by the engineer, would be endangered should
failure of the dam occur;
(3) 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 USGS maps may be used;
(4) preliminary drawings or sketches that
include cross-sections, plans and profiles of the dam, proposed pool levels,
and types of all spillways;
(5)
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
to be used in the principal spillways(s).
(d) The Final Design Report. A "Certificate
of Approval" to construct will not be issued until the final design report is
received and approved. The preliminary report as described in (c) of this Rule
and the final design report may be submitted as one document. The final design
report shall include:
(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 the
dam;
(2) 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; Wave action need not be
considered when the design flood is based on the probable maximum precipitation
(pmp);
(4) criteria, design data or
references to indicate that seepage flow through the embankment, foundation,
and abutments will be controlled so that no internal erosion will take place
and so there will be no sloughing in the area where the seepage
emerges;
(5) calculations and
assumptions relative to design of the spillway(s);
(6) provision 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;
(8) a proposed
construction schedule;
(9) a
proposed filling schedule for the reservoir;
(10) a maintenance and operation
plan;
(11) the estimated design
life of the dam and the reservoir;
(12) provision for maintaining minimum stream
flow requirements.
(e)
The Plans and Specifications. Five sets of plans and specifications must be
submitted. The plans shall be a detailed engineering design that consists of
drawings and specifications and that include the following as a minimum:
(1) Sheet one shall show the name of the
project; name of owner; hazard 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;
(2) Maps shall be included showing the
drainage area and outline of the reservoir and the ownership of properties
covered by the reservoir or flood pool;
(3) Geologic investigation, cross-section,
profiles, logs of borings, location of borrow areas, drawings of principal and
emergency spillways, and other additional sheets shall be included and drawn in
sufficient detail to clearly indicate the extent and complexity of the work to
be performed; The degree of detail required shall be determined by the
applicable provisions of Rules .0204 through .0212 of this Section;
(4) The technical provisions, as may be
required, to describe the method of construction and quality control for the
project;
(5) Special provisions, as
may be required, to describe technical provision needed to ensure that the dam
is installed according to the approved plans and specifications;
(6) General provisions that specify the
rights, duties, and responsibilities of the applicant, applicant's engineer and
builder and the prescribed order of work.
(f) The Director, within 60 days following
receipt of a completed application, shall notify the applicant, by mail, that
the application is either approved or disapproved. An approved application
shall conform to the requirements of Rule .0202 of this Section.
Authority
G.S.
143-215.26,
143-215-2;
143-215.31;
Eff. June
15, 1980;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. December 23,
2017.
