<-xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />Virginia Department of Conservation

And Recreation

203 Governor Street

Suite 302

Richmond, Va. 23219

<-xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /> 

Re: Proposed Impounding Structure Regulations

The Department of Public Works has reviewed the draft changes to the Impounding

Structure Regulations and offers the following comments.

The proposed changes place a considerable burden on current owners of dams to

upgrade their facilities. While there is provision for owners with facilities 

operating under current operation and maintenance certificates there does not appear to be provision for owners of facilities not currently in compliance.

It is understood that facilities not yet regulated but which exceed the threshold

for regulation must first apply for a conditional operation and maintenance certificate.

The timeline for the conditional operation and maintenance certificate is for a maximum

term of two years.

Section 4VAC50-20-155 states that the Board may extend a Conditional Permit provided that the owner is proceeding with the necessary corrective actions. There does not appear to be any maximum length of time that extensions may be granted. In light of the extensive costs involved in upgrading some facilities to meet the new standards is it not reasonable to state that owners making progress toward correcting deficiencies may request an extension of the current conditional certificate on one year increments. The total number of extensions not to exceed the time allowed owners holding current operation and maintenance certificates

to comply with the new standards based on the hazard potential classification.

Thank you for the opportunity to comment.

Sincerely,

Edward L. Priestas, P.E.

Director of Public Works

Henrico County, Virginia