October 17, 2007

RE: 4 VAC 50-20- Impounding Structure Regulations

Virginia Soil and Water Conservation Board

Department of Conservation and Recreation

The Headwaters Soil and Water Conservation District (HSWCD) would like to submit the following comments on the proposed Impounding Structure Regulations (4 VAC 50-20). 

4VAC50-20-30 Definitions:  We believe the regulations need to have the definition of the term “alteration” modified to exclude normal maintenance or other minor activities. 

4VAC50-20-54 Dam Break Inundation Zone Mapping: The proposed requirement for dam break inundation zone mapping is expected to cost the district $131,336 using the estimated per dam cost in the economic analysis.  Conservation Districts are subdivisions of state government and have no revenue powers to raise funds.  We question our ability to comply with this.   The HSWCD acknowledges that the proposed regulations have the potential to improve public safety.  However, we hope that those in the General Assembly who vote for these regulatory changes will also appropriate the necessary funding for Conservation Districts to comply. 

4VAC50-20-80 Alterations Permits, paragraph A: “Conducting necessary repairs” implies that a permit is needed for even minor repairs.  This has the potential to require a permit for even simple maintenance such as filling groundhog holes and removing brush.  Clarification should be made so that the wording does not include normal maintenance items. 

4VAC50-20-105 Regular Operation and Maintenance Certificates, paragraph B: 

In all places where “owner” is used, the wording should be changed to read the owner or owner’s certifying engineer shall ….etc.  

4VAC50 -20-175 Emergency Action Plan (EAP) for High and Significant Hazard Potential Dams, paragraph E:

Headwaters SWCD acknowledges the benefit of drills and table top exercises for emergency planning.  However, to conduct a drill each year for eleven (11) dams will strain the resources to the breaking point of not only the district but each of the paid and volunteer fire and rescue organizations that would need to participate annually.   The three year requirement for table top exercises, while less often, will still tax the resources of all participating.   We suggest that a table top exercise be conducted once per permit duration (no more than once every two years for conditional and once every six years for regular permits).   We also suggest that only one drill per permit duration be required (no more than once every two years for conditional and once every six years for regular permits). We further believe that one drill dealing with the emergency personnel should, meet the requirement for all the dams in that department’s response area.  In our situation a drill per dam means five drills for just one fire department and will lead to the “cry-wolf-syndrome”.

4VAC50-20-175 Emergency Action Plan (EAP) for High and Significant Hazard Potential Dams, paragraph F:

The existing monitoring and warning equipment in our district is part of the National Weather Service Integrated Flood Observing and Warning System (IFLOWS).  The maintenance is handled by the Virginia Department of Emergency Services.  They have decided to reduce their testing from twice a year to once a year.  The actual ownership of the IFLOWS has not been determined.   The HSWCD questions how this regulation can hold it responsible for testing of equipment owned and serviced by a different agency.    The cost of testing an IFLOWS because of the long transducer cable exceeds that of the normal stream gauge and is estimated at $500-$750 per test or $1,000 -$1,500 per year per dam gauge if required.

4VAC50-20-180 Inspections, paragraph D:

The term “damage” is open to considerable interpretation and should be further defined to exclude minor erosion that can be fixed and seeded immediately without powered equipment. 

Sincerely,

Charles E. Horn, Chairman