Section 13-190.1-20 - General requirements for construction, enlargement, repair, alteration, or removal of a dam, reservoir, or appurtenant works(a) No person shall construct, enlarge, repair, alter, or remove any dam or reservoir until a dam permit application form has been filed, approval of the construction plans and specifications is obtained from the board, and a written application approval is issued. Owners proposing routine maintenance not affecting the safety of the structure are exempted from the requirements of this subchapter. All submittals shall be in accordance with this chapter. The department guidelines shall assist but not limit evaluation of the application.(b) Nothing in this chapter grants an exemption from any applicable federal, state, or county governmental requirements.(c) The applicant shall notify in writing, the county engineer or appropriate person within the county, for which the dam or reservoir is located, of the submittal of a permit application for the construction, enlargement, repair, alteration, or removal of a dam or reservoir, A copy of this notification letter shall be submitted to the department by the applicant.(d) A separate application shall be filed with the department for each regulated dam or reservoir and for each separate project. The applicant shall submit to the department, three hard copies and an electronic copy on disk of the application package. The application package shall consist of the following:(1) The department's dam permit application form. Each application shall be made on forms furnished by the department and shall be signed by the dam owner or an authorized representative of the dam owner. If there are multiple owners of the property where the dam is located, a property map shall be provided showing the dam with the property lines identified for each owner. A notarized letter of concurrence and agreement from the owners of all property on which the proposed project is being conducted is required. Each application shall include at a minimum the following: (A) Name and address of the applicant;(B) Name and address of the owner or owners and their associated tax map key numbers of the properties upon which the works are to be constructed, enlarged, repaired, altered, or removed;(C) Description of the location, type, size, purpose, and height of the proposed, enlarged, repaired, altered, or removed dam, and the reservoir and appurtenant works;(D) Storage capacity and reservoir surface areas for maximum water storage elevation and design water level;(E) Plans for installation of any permanent instrumentation at the dam or appurtenant structures;(F) Area of the drainage basin, rainfall and stream flow records, and flood-flow records and estimates (as applicable);(G) Relevant construction drawings, plans, and specifications signed and sealed by the design engineer, licensed in the State of Hawaii; and the name and address of the design engineer who prepared the plans and specifications;(H) Proposed times of commencement and completion of the proposed activity; and(I) A listing of all sources of inflow to the reservoir (as applicable);(2) Design reports. A design report shall be submitted with the application package (as applicable to the proposed activity). The report shall include information sufficient to evaluate the design of the new or to be enlarged, repaired, altered, or removed dam and the appurtenances, including references and page numbers, to support any assumptions or criteria used in the design. The report shall include calculations and be sufficiently detailed to accurately define the final design of the proposed dam project as represented in the construction plans. The report shall include but not be limited to the following items, as applicable for the proposed activity: (A) Hydraulic and hydrologic report;(E) Foundation evaluation;(F) Analysis of the downstream effects;(G) Anticipated construction sequence needed to complete the project;(H) Anticipated permit and approvals required; and(I) Other reports as necessary;(3) Construction plans and specifications. Construction plans and specifications shall meet the following requirements:
(A) The plans shall show the design of the dam, dam enlargement, repair, alteration, or removal, and each appurtenant structure, in sufficient detail so that the contractor or builder is able to construct the proposed structure from the plans and specifications;(B) The front cover sheet of the plan shall include a site map of the dam, reservoir area, and appurtenances, the name of the dam facility and the state dam inventory identification (if available), the county and island in which the dam is located, tax map key numbers of all parcels the dam or reservoir is situated on, project location and vicinity maps, and an index of sheets;(C) Drawings shall be prepared in an appropriate scale so details are legible with an overall size of 24-inches high and 36-inches wide or 22-inches high and 34-inches wide;(D) Spillway and outlet discharge rating curves and tables, and reservoir area-capacity curves and tables, shall be placed on the drawings, as applicable;(E) The front cover of the specifications shall show the title name and state inventory identification number of the dam and the county in which the dam is located;(F) The general conditions shall include statements that the plans and specifications cannot be significantly changed without prior written approval of the department and the design engineer of record;(G) The specifications shall provide that the owner's construction engineer will monitor the construction of the project. The construction engineer monitoring the construction for the owner is responsible for the quality of construction, compliance with the approved design and specifications, review and approval of all construction change orders, and preparation of the project completion documents;(H) The following items, at a minimum, shall be included in the construction . plans, as applicable: (i) Elevation view along longitudinal axis of dam and foundation;(ii) Cross-sectional view of dam at location of maximum height;(iii) Cross-sectional views and profiles of spillway(s), outlet facilities, and other appurtenances;(iv) Steel reinforcement placement and bar sizing for concrete construction must be shown in at least one section or profile; and(v) The plan for diversion and control of water during construction; and(I) The following items shall be included in the specifications, as applicable: (i) The type, class, or description of all materials to be used;(ii) The requirements for fill placement, moisture conditioning, and minimum level of compaction of all earth zones; and(iii) The requirements, procedures, and minimum standards for concrete construction or structural details;(4) Construction quality assurance plan. An approved quality assurance plan describing all aspects of construction supervision and protocol for change requests, approvals, and field inspection;(5) Detailed cost estimate. A detailed cost estimate for the construction of the dam project including the engineering fees;(6) Filing fee. The filing fee shall be pursuant to section 13-190.1-50; and(7) The following items shall be submitted either with the application package or during construction: (A) An emergency action plan;(B) An operation and maintenance plan to accomplish the annual maintenance, including record keeping documents;(C) An instrumentation plan regarding instruments that evaluate the performance of the dam;(D) Proposed construction schedule. A proposed construction schedule shall be provided with the construction package. The schedule should identify key benchmarks and milestones and any long lead items; and(E) Construction emergency action plan. Prior to the start of construction, the applicant shall submit a copy of an approved emergency action plan for use during the construction, modification, or alteration of the dam and reservoir. This plan shall address possible deficiencies and concerns that may arise at specific phases of the work. The plan shall also include applicable operations, maintenance, and inspection work that should be followed during the construction phase. Haw. Code R. § 13-190.1-20
[Eff. FEB 20 2012] (Auth: HRS § 179D-6)(Imp: HRS § 1790-6)