11 AAC 93.172. Dam removal or abandonment

(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 AAC 05.010(a) (8)(J), based on estimates of the applicable costs prepared as required in 11 AAC 93.171(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;

(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.

History: Eff. 10/2/2004, Register 171

Authority: AS 38.05.035

Editor's note: 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.

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