SECTION 45.1-222. Design and construction of water, coal slurry, or silt retaining dams or mine refuse piles impounding water; designs and other data to be submitted to the Chief  

A. New water, coal slurry, or silt retaining dams, or mine refuse piles impounding water, or the modification of existing water, coal slurry, or silt retaining dams or mine refuse piles impounding water shall be designed and constructed by, or under the direction of, a licensed professional engineer, if such retaining dam or refuse pile:

1. Is designed to impound water, coal slurry, or silt to an elevation of five feet or more above the upstream toe of the structure; and

2. Has a storage volume of 20 acre-feet or more; or

3. Is designed to impound water or silt to an elevation of 20 feet or more measured at the open channel spillway or from the crest of the dam in a closed system, regardless of storage volume.

The design, construction specifications, and other related data, including final abandonment plans, shall be certified by the licensed professional engineer.

B. No person shall place, construct, enlarge, alter, repair, remove, or abandon such water, coal slurry, or silt retaining dam or mine refuse pile impounding water until the operator has filed an application for and received approval from the Chief for such construction or modification. However, routine repairs that do not affect the engineering design criteria and safety of an approved water, coal slurry, or silt retaining dam or mine refuse pile impounding water are not subject to the application and approval requirements.

1974, c. 323; 1984, c. 590; 1999, c. 256 ; 2005, c. 256 .