1) 4VAC50-20-52: Incremental Damage Assessment – As written this appears to be only permitted under certain conditions.  What if maint. is needed and there is no possibility of additional downstream development (dam located in the National Forest) and there is an economic value in not designing to the full SDF?  Can a maintenance or spillway expansion project be proposed for a reduced SDF under these circumstances?  As written this appears to only apply to existing dams that do not need any maintenance – eventually, all dams will be required to perform some maint. at which time it appears they would have expand to the SDF without exception.

2) 4VAC50-20-52 and 4VAC50-20-52:  There are references in each of these sections related to water depths where the limits are 1 to 2 ft and velocities within 3 ft/s.  With the level of accuracy associated with some mapping sources and the modeling software, these tolerances may be very difficult to meet with confidence.

3) 4VAC50-20-175:  What is expected from the remote sensing equipment tests?  If the equipment is maintained by contract under IFLOWS, is this sufficient?

4) 4VAC50-20-175: Keeping track of every individual owner, lessee, etc... takes a significant, continuous effort.  Using reverse 911 systems would be preferred.  The use of cell phones is making efforts more difficult for any process employed.

5) 4VAC50-20-175: The owner is made fully responsible for development of the EAP.  Will there be feedback from the Department on whether it is deemed to be sufficient?

6) 4VAC50-20-320:  In the past I have had difficulty locating applicable references from the sources listed – this included consultation with Department of Conservation and recreation staff.  Are there specific titles (examples that are representative or basic texts referred to by Dept. of Conservation and Rec. staff) that can be provided by the Department that would assist with locating and identifying appropriate source materials similar to what is done in 4VAC50-20-330?

7) 4VAC50-20-175: Have all state and local officials been made aware of the frequency of meeting associated with this regulatory requirement and can owners expect full cooperation?  The number of meetings (when looking at all dams in a locality) could cause a significant strain on staffing at both the state and local level (something of which the owner has no control) creating a potential violation condition for dam owners.

8) Better Define: “Economic Impact”, "Planned Land Use"

(wmonroe@co.augusta.va.us)