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October 2, 1998
MEMORANDUM
FOR DISTRIBUTION
SUBJECT:
GENERAL PERMIT NO. 98-01 AUTHORIZING
CERTAIN CLASS III DAMS
Attached
for your information is a copy of Department of Natural Resources, Office
of Water Resources General Permit No. 98-01, which has been issued to
authorize the construction of or modification to certain Class III (low
hazard classification) dams in Illinois. This permit has been issued
pursuant to the Rivers, Lakes and Streams Act, 615 ILCS 5 (1996 State
Bar Edition).
The
referenced Act requires the Department to regulate, among other things,
the construction of new dams and the reconstruction, repair, operation,
and maintenance of existing dams. The issuance of General Permit No.
98-01 represents, in part, the Department's ongoing effort to accomplish
its legislatively mandated responsibilities while reducing regulatory
costs and burden on the public. The repair and maintenance of an existing
dam does not require a permit from the Department. For dams which meet
the size criteria noted in Item 1 under "Applicability" for this general
permit, the replacement-in-kind of an appurtenance of the dam will be
considered repair and maintenance and therefore will not require a permit
from the Department.
For
additional information regarding General Permit No. 98-01 or its applicability,
contact the Downstate Regulatory Programs Section in Springfield (217/782-3863)
or the Northeastern Illinois Regulatory Programs Section in Bartlett
(847/608-3100 Ext 2025).
Attachment
ILLINOIS
DEPARTMENT OF NATURAL RESOURCES
OFFICE
OF WATER RESOURCES
524
SOUTH SECOND STREET
SPRINGFIELD,
ILLINOIS 62701-1787
GENERAL
PERMIT NO. 98-01
AUTHORIZING
CERTAIN CLASS III DAMS
PURPOSE
The
purpose of this General Permit is to authorize the construction or modification
of certain Class III dams which, by complying with the terms and conditions
of this permit, are determined to satisfy the Department of Natural
Resources, Office of Water Resources (IDNR/OWR) "Rules for Construction
and Maintenance of Dams," 17 Illinois Administrative Code 3702. A formal
permit application must be submitted for review and a determination
must be made by the Office of Water Resources that this general permit
is applicable for the project. No work on the project shall be started
until written confirmation of compliance with this permit has been provided
by the Office of Water Resources.
APPLICABILITY
This
General Permit is applicable to only Class III (low hazard classification)
dams under the Department's jurisdiction which are in a location that
they are expected to remain as Class III dams permanently. If the dam
is more than 500 feet in length, the portions of the dam which are 4
feet or less in height will not be considered as a part of the embankment
or be required to meet the General Conditions of the General Permit.
Applications will also be reviewed for compliance with the rules regarding
the "Construction in Floodways of Rivers, Lakes and Streams," "Regulation
of Public Waters," and "Floodway Construction in Northeastern Illinois,"
17 Illinois Administrative Code 3700, 3704, and 3708 respectively.
In
order to be considered for authorization under this General Permit,
an application submittal for a proposed project must demonstrate compliance
with the following criteria:
1. The height of the dam, measured from the invert of the stream at
the downstream dam slope toe to the top of the embankment, will not
exceed 15 feet;
2
.. The dam will have freeboard of:
a)
at least 1.5 ft. above the 100-year frequency flood pool as determined
by routing the flows through the spillway system, or
b)
at least 1.5 feet plus the quantity of 0.5 feet multiplied by the drainage
area to the dam divided by the reservoir surface area, or
c)
1.5 feet above the pool elevation generated by the stage on the spillway
for the 100-year frequency flood peakdischarge from the drainage area;
3. The dam will have an embankment top width of at least 10 feet; and
4. The dam will have side slopes no steeper than 2 horizontal to 1 vertical.
DATA
REQUIRED TO BE INCLUDED WITH A SUBMITTAL
An
application for a new dam or a modification to an existing dam must
include the following items:
1.
A completed application for permit form;
2.
For existing dams, an inspection report reflecting the current condition
of the dam;
3.
Maps showing the location of the dam and surrounding area, the location
of State, county and township roads, access to the site, the downstream
area for a distance of at least 0.5 mile, the outline of the reservoir
at the highest normal operating pool elevation, the watershed limits,
and the general topography of the dam site and reservoir area (contoured
aerial photographs or recent U.S. Geological Survey topographic maps
may be used for this purpose);
4. Construction plans and documents that are sealed, signed, and dated
by an engineer (or other qualified personnel) which include cross sections,
plans and profiles of the dam, proposed normal pool levels, types of
spillways, and which address all deficiencies noted in the inspection
of the dam;
5.
Documentation that the reservoir storage and spillway system, outlet
works, or readily available pumping system for the dam are capable of
holding and/or passing the 100-year frequency flood with the required
freeboard;
6.
Documentation that the spillway system, outlet works, or readily available
pumping system for the dam are able to dewater 50% of the normal pool
storage;
7.
Documentation that the embankment and foundation will contain soils
with sufficiently low permeability so as to minimize seepage (county
soil surveys and maps indicating the location of the dam and borrow
areas may be adequate);
8.
A maintenance plan which will be applicable to the structure(s) that
includes an annual review of the downstream areas for changes in land
use and an indication of the pool elevations;
9.
A statement by the owner indicating agreement to modify the structure
in accordance with the "Rules for Construction and Maintenance of Dams"
if the hazard classification of the dam changes;
10.
Documentation of the ownership of, or the right to flood, the property
below the elevation of the 100-year frequency flood pool elevation or
the pool elevation used to assess the freeboard criteria;
11.
For existing dams, a statement by the owner indicating agreement to
remove all trees from the embankment as the opportunity to do so occurs;
12.
A statement by the owner indicating agreement to prohibit the growth
of new trees, and to appropriately vegetate the embankment to protect
it from erosion; and
13.
A statement by the owner granting the State the right of access to inspect
the dam site and immediate vicinity before, during and after construction
and for the life of the dam and appurtenances.
GENERAL
CONDITIONS OF THE GENERAL PERMIT
1.
This permit is granted in accordance with Rivers, Lakes and Streams
Act, 615 ILCS 5 (1996 State Bar Edition) and does not preclude review
of the project under other rules of the Department of Natural Resources,
Office of Water Resources. This permit is not effective for any specific
project until written confirmation of compliance for the project from
IDNR/OWR is received.
2.
The owner, and assigns, agree(s) to modify the dam in accordance with
the "Rules for Construction and Maintenance of Dams" if the hazard classification
of the dam changes.
3.
This permit does not convey title to any permittee or recognize title
of any permittee to any submerged or other lands, and furthermore, does
not convey, lease or provide any right or rights of occupancy or use
of the public or private property on which the project or any part thereof
will be located, or otherwise grant to any permittee any right or interest
in or to the property, whether the property is owned or possessed by
the State of Illinois or by any private or public party or parties.
4.
This permit does not release any permittee from liability for damage
to persons or property resulting from the work covered by this permit,
and does not authorize any injury to private property or invasion of
private rights.
5.
This permit does not relieve any permittee of the responsibility to
obtain other federal, state or local authorizations required for the
construction of the permitted activity; and if the permittee is required
by law to obtain approval from any federal, state or local agency to
do the work, the authorization is not effective until the required approvals
are obtained.
6.
In issuing this permit, the Department of Natural Resources does not
approve the adequacy of the design or structural strength of any structure
or improvement authorized by this permit.
7.
This General Permit shall remain in effect until such time as it is
modified, suspended, or revoked by the Department of Natural Resources.
This
General Permit was issued on October 2, 1998.
APPROVED:
______________________________
Brent Manning, Director
Department
of Natural Resources
EXAMINED
AND RECOMMENDED:
_____________________________
Martin
J. Stralow, Manager
Division
of Water Resource Management
APPROVAL
RECOMMENDED:
_____________________________
Donald
R. Vonnahme, Director
Office of Water Resources
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