NR 333.03 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; am. (25), Register, April, 1987, No. 376, eff. 5-1-87; CR 00-136: renum. (1) to (4), (9), (13) to (16), (21) to (25), (27) and (28) to be (2) to (4), (1), (8), (14) to (17), (20) to (26), am. (1), (3), (15), (24) and (26), r. (5), (8), (17), (20) and (26), cr. (5), (9) and (13) Register July 2001, No. 547 eff. 8-1-01; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553. NR 333.04(1)(1) Dam hazard rating. The department shall assign a dam hazard rating according to the criteria in s. NR 333.06 for all dams subject to the provisions of this chapter. The assignment of a hazard rating shall be based on the findings of a dam failure analysis provided by the owner, pursuant to the standards of s. NR 333.05, according to the following schedule: NR 333.04(1)(a)(a) For new dams, prior to granting permission or approval to construct. NR 333.04(1)(b)(b) For existing dams which are to be reconstructed, prior to granting permission or approval to reconstruct. NR 333.04(1)(c)(c) After a dam failure analysis has been approved by the department or is adopted in a floodplain zoning ordinance pursuant to s. 87.30, Stats., and approved by the department. NR 333.04(1)(d)(d) Upon issuance of a department directive in a dam safety inspection report pursuant to s. 31.19, Stats. NR 333.04(2)(a)(a) New dams. The design and construction of all new dams shall be in compliance with the requirements of this chapter. NR 333.04(2)(b)(b) Existing dams. The owners of all existing dams shall bring their dams into compliance with the requirements of this chapter within 10 years after being notified of the dam’s hazard rating pursuant to sub. (1), unless ordered to do so earlier under s. 31.19 (5), Stats. NR 333.04 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: r. and recr., Register July 2001, No. 547 eff. 8-1-01. NR 333.05NR 333.05 Submission of plans, specifications and analyses. NR 333.05(1)(1) Plans and specifications. Plans and specifications prepared by a professional engineer registered in the state of Wisconsin shall be submitted to and approved by the department prior to the construction of a new dam or reconstruction of an existing dam. NR 333.05(2)(2) Hydraulic, hydrologic and stability analyses. Hydraulic, hydrologic and stability analyses prepared by a professional engineer registered in the state of Wisconsin shall be submitted to and approved by the department prior to the construction of a new dam or the reconstruction of an existing dam. These analyses shall be conducted according to accepted engineering practice and unless the department determines otherwise shall be submitted in the form of a report which includes, at a minimum: NR 333.05(2)(a)(a) Purpose of the report. Development of an emergency action plan, floodplain zoning or development of the hazard rating for the dam. NR 333.05(2)(b)(b) Roles and participation of other agencies -- DNR, DEG, community officials, other agencies. NR 333.05(2)(c)(c) Data collection methods and sources of information -- Development of cross sectional data, description of past flooding events, reference to previous studies, current floodplain zoning map. NR 333.05(2)(d)(d) Methodologies and procedures -- Operation of dam during high water, breach parameters, description of all spillway components, scenario for failure, failure conditions. NR 333.05(2)(f)(f) Hydraulic modeling -- Determination and delineation of the following hydraulic conditions during the regional flood, using the standards in s. NR 116.07 (4): NR 333.05(2)(f)1.1. Hydraulic shadow -- assuming that the dam is in existence and fails. Failure shall be considered to occur at the maximum upstream water elevation or at the point of overtopping, based upon the physical conditions at the dam. NR 333.05(2)(f)2.2. Dam in place, no failure -- assuming the dam operates in accordance with its department approved operation plan, if one is available, or not operated if there is no plan. NR 333.05(2)(f)3.3. Dam nonexistent -- assuming the dam has been removed and the natural stream cross-section is restored. NR 333.05 NoteNote: For suggested dam breach parameters, see the National Weather Service “DAMBRK or FLDWAV” Users Manuals.
NR 333.05(2)(g)(g) Comparison table -- Summary by cross section of the maximum flood elevation for the 3 hydraulic conditions. NR 333.05(2)(j)(j) Calculations for routing of the design flood through the structure. Starting conditions for the routing shall be at the normal pool and normal flow tailwater elevations. NR 333.05(2)(k)(k) Stability analysis of the dam, which considers sliding, overturning and foundation failure during base flow conditions and at maximum load conditions, including ice loading, during routing of the design flood through the dam. NR 333.05(2)(L)2.2. Elevation view of the dam from downstream including breach geometry. NR 333.05(2)(L)5.5. Spillway capacity rating curves or calculations, where appropriate. NR 333.05(2)(L)6.6. Downstream water surface profiles and floodway data tables, for the dam failure, and the with and without dam conditions, during the regional flood. NR 333.05(2)(L)7.7. Maps for the 3 modeled conditions, with cross section locations and structure identification adequate to determine the hazard rating for the dam, for the dam failure condition map, showing the floodway, and to an appropriate scale consistent with the community floodplain zoning map. NR 333.05(2)(L)8.8. Cross section plots of actual field cross sections and comparison with dam break input cross sectional data. NR 333.05(2)(L)9.9. Hard copy and data disk with computer input and output for all modeled conditions, including hydrology and hydraulic runs. NR 333.05 NoteNote: Mapping, profiles and floodway data tables must be suitable for zoning purposes, as required in s. NR 116.07 (4). NR 333.05(3)(3) Estimated costs. The estimated cost of construction of the new dam or reconstruction of the existing dam, and the estimated cost of removing the dam and restoring the channel to its natural condition, shall be submitted to the department prior to the construction of a new dam or reconstruction of an existing dam. NR 333.05 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: am. (1) and (3), r. and recr. (2), Register July 2001, No. 547 eff. 8-1-01. NR 333.06(1)(1) A hazard rating of low, significant or high for all existing and proposed dams shall be determined in accordance with the following criteria: NR 333.06(1)(a)(a) Low hazard. A low hazard rating shall be assigned to those dams that have no development unrelated to allowable open space use in the hydraulic shadow where the failure or mis-operation of the dam would result in no probable loss of human life, low economic losses (losses are principally limited to the owners property), low environmental damage, no significant disruption of lifeline facilities, and have land use controls in place to restrict future development in the hydraulic shadow. NR 333.06(1)(b)(b) Significant hazard. A significant hazard rating shall be assigned to those dams that have no existing development in the hydraulic shadow that would be inundated to a depth greater than 2 feet and have land use controls in place to restrict future development in the hydraulic shadow. Potential for loss of human life during failure must be unlikely. Failure or mis-operation of the dam would result in no probable loss of human life but can cause economic loss, environmental damage, or disruption of lifeline facilities. NR 333.06(1)(c)(c) High hazard. A high hazard rating shall be assigned to those dams that have existing development in the hydraulic shadow that will be inundated to a depth greater than 2 feet or do not have land use controls in place to restrict future development in the hydraulic shadow. This rating must be assigned if loss of human life during failure or mis-operation of the dam is probable. NR 333.06(2)(2) The owner of a dam may request that the department change the hazard rating of an existing or proposed dam by submitting adequate information which demonstrates that the land use and land use controls downstream from the dam meet the requirements for a different hazard rating. The department shall advise the owner of its action on the requested change within 90 business days after receiving the request. NR 333.06 HistoryHistory: Cr. Register, May, 1995, No. 353, eff. 6-1-85; CR 00-136: r. and recr., Register July 2001, No. 547 eff. 8-1-01. NR 333.07NR 333.07 Hydraulic design and safety requirements. NR 333.07(1)(1) Minimum hydraulic capacity. Except as provided in sub. (2), all proposed and existing dams shall have the minimum hydraulic capacity shown in Table I: NR 333.07(2)(a)(a) Unless the department determines that public safety requires full compliance with the substantive requirements of this rule, all dams which will be submerged by flows less than the minimum hydraulic capacity specified in Table I shall be designed to pass the flow of the river at submergence. NR 333.07(2)(b)(b) Any owner may provide documentation to justify a different spillway capacity from that specified in Table I. The department shall review such documentation and may approve the spillway capacity proposed by the owner if it determines that such capacity will not result in an additional hazard to life, health or property when compared to the capacity specified in Table I. NR 333.07(3)(3) Safety measures. The owners of all new and existing dams shall comply with the following safety measures: NR 333.07(3)(a)(a) The owner shall have an adequate operation, inspection and maintenance plan for the dam. NR 333.07(3)(b)(b) The dam shall be structurally stable for any flow condition up to and including the design flood flow. NR 333.07(3)(c)(c) An adequate emergency action plan shall be prepared for the area downstream from the dam in consultation with the local unit of government and concurred in by the division of emergency government. An adequate emergency action plan shall include, but is not limited to, the following information: NR 333.07(3)(c)1.1. A notification flow chart identifying involved agencies, other dam owners both upstream and downstream and their phone numbers. NR 333.07(3)(c)3.3. An inundation map of the hydraulic shadow on a scale of l” = 2000’ or less that extends downstream to an elevation within one foot of the dam nonexistent profile. NR 333.07(3)(c)4.4. Procedures for notification of all property owners affected by a dam failure and a list of their names, addresses and phone numbers. NR 333.07 NoteNote: For additional information on emergency action plans refer to Chapter 6 of the Federal Energy Regulatory Commission’s “Engineering Guidelines for the Evaluation of Hydropower Projects”. NR 333.07(3)(d)(d) Documentation showing that the requirements of pars. (a) to (c) have been met shall be submitted to the department for approval. The department shall review and approve or disapprove of the documented safety measures in writing within 90 business days after the department receives the documentation. NR 333.07 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: r. (1), renum. (2) to (4) to be (1) to (3) and am. (1), (2), (3) (c) and (d) and Table I, Register July 2001, No. 547 eff. 8-1-01. NR 333.08(1)(1) Construction of a new dam or reconstruction of an existing dam may not begin until the department approves the plans and specifications submitted under s. NR 333.05. NR 333.08(2)(2) Alterations to any plans or specifications that were approved by the department under s. NR 333.05 which will affect the flood flow capacity or structural integrity of a dam shall be approved by the department before construction or reconstruction of the dam. NR 333.08(3)(3) All dams shall be constructed or reconstructed under the supervision of a professional engineer registered in the state of Wisconsin. The supervising engineer shall, within 10 days after completing the construction or reconstruction of a dam, submit a statement indicating that the dam was constructed or reconstructed in accordance with the plans and specifications approved by the department under s. NR 333.05. NR 333.08(4)(4) As-built plans shall be submitted to the department within 30 business days after the completion of construction or reconstruction of a dam. NR 333.08 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: am. (3), Register July 2001, No. 547 eff. 8-1-01. NR 333.09(1)(a)(a) Except as provided in par. (b), the owner of a dam shall file a bond, escrow account, lien or other financial assurance satisfactory to the department prior to the commencement of construction or reconstruction of the dam. The amount of such financial assurance shall equal the estimated cost of removing the dam and restoring the stream channel to its natural condition or the cost of constructing or reconstructing the dam, whichever is less, based on the cost estimate submitted by the owner under s. NR 333.05 (3). NR 333.09(1)(b)(b) Where the owner is a state or interstate agency or a city, county, village, special purpose district or other unit of government, financial assurance is not required if the owner demonstrates to the department’s satisfaction that it has made or will make sufficient funds available to construct or reconstruct the dam or to remove the dam and restore the stream channel it its natural condition, whichever is less expensive. NR 333.09(2)(2) Notification. As part of its approval of the plans and specifications submitted pursuant to s. NR 333.05, the department shall notify the applicant of the required level of financial assurance. NR 333.09(3)(a)(a) The financial assurance filed with the department shall be conditioned upon faithful performance of all of the requirements of ch. 31, Stats., the provisions of this chapter, and the conditions of any permit or order issued to the applicant for the dam pursuant to ch. 31, Stats. NR 333.09(4)(4) Release. The department shall release or authorize the release of the applicant’s financial assurance within 60 business days after the receipt of a request for release if the department finds that the construction or reconstruction has been completed in accordance with the plans and specifications approved by the department, the provisions of this chapter and the conditions of any permit or order issued to the owner of the dam pursuant to ch. 3l, Stats. NR 333.09 HistoryHistory: Cr. Register, May, 1985, No. 353, eff. 6-1-85; CR 00-136: am. Register July 2001, No. 547 eff. 8-1-01.
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