1. (a) For the construction or reconstruction of a low hazard, significant hazard, or high hazard dam:

   1. (1) All final plans and design documents shall be stamped by an engineer as defined by Env-Wr 101.16, who shall submit an affidavit attesting to the qualifications in paragraph (2)a.-d., below;

   2. (2) The engineer shall be responsible for the following:

      1. a. Submitting supporting documentation showing relevant experience as a registered engineer in the design, construction, and safety evaluation related to the type of the dam under review;
      2. b. Understanding all applicable regulatory requirements of a dam project and the required work, analyses, and oversight needed to design and observe construction to evaluate compliance with approved plans and specifications for the project;
      3. c. Using current state of the practice methods and means to site and design dams with safety as the primary goal and to complete engineering methodology that represents the professional level of care exercised by qualified engineers; and
      4. d. Assembling and supervising a team of qualified engineers, geologists, geological engineers, and other professionals, as required, to address all of the disciplines for the design and the observation of construction of a dam;
   3. (3) The project shall be inspected in accordance with Env-Wr 405;
   4. (4) A construction inspection plan, prepared in accordance with Env-Wr 405.04, shall accompany the application for construction or reconstruction; and
   5. (5) A design for construction of a new low hazard, significant hazard, or high hazard dam, with the exception of dams impounding liquid industrial, agricultural, or commercial wastes, contaminated sediments or municipal sewage, shall be equipped with a pond drain.

2. (b) A design for construction or reconstruction of a significant hazard or high hazard dam shall also include the following:

   1. (1) The results of a stability analysis of the structure for overturning, sliding, and slope failure, as applicable, including factors of safety, using the methods outlined in “Engineering Guidelines for Evaluation of Hydropower Projects” published by FERC, Chapter 3 dated 2016 and Chapter 4 dated 2006, available as noted in Appendix B;
   2. (2) The results of a seepage analysis;
   3. (3) The results of subsurface explorations, including, but not limited to borings and test pits; and
   4. (4) A draft breach analysis and draft emergency action plan (EAP), or if an EAP has already been approved, an updated EAP, in accordance with chapter Env-Wr 500.

Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90 New. #5080, eff 2-22-91; rpld by #6462-B, eff 2-21-97 New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24