1. Watershed Structure Operation & Maintenance (O&M) Responsibilities Diane A. Guthrie, P.E. August, 2015

2. Helping People Help the Land

3. Since 1947 – a $6 Billion investment Flood Control Act of 1944 (P.L. 78-534) Watershed Protection and Flood Prevention Act of 1954 (P.L. 83-566)

4. USDA Watershed Program NRCS has assisted communities build more than 11,000 dams in 2000 Watershed Projects in 47 States since 1948

5. Helping People Help the Land PL-566 Watershed Structure

6. Helping People Help the Land Alabama Structures In Alabama - over 100 Dams have been built (Flood Water Retarding Structures) Flood control + some M&I Most constructed on private property; some on US Forest Service Land O&M by sponsors (local government)

7. Why are we here today? AD-435A PERFORMANCE ELEMENT 01 - MISSION RESULTS (CRITICAL) “Executes policy requirements contained in the National Operations and Maintenance Manual regarding dam safety which includes the written notification of Sponsors and the State Dam Safety Officer for violations of the Operations and Maintenance (O&M) agreement including changes in hazard classification of all project dams.”

8. Why are we here today? AD-435A PERFORMANCE ELEMENT 01 - MISSION RESULTS (CRITICAL) Element Rating Exceeds Fully Successful Does not meet

9. Helping People Help the Land Why are we here? To help prevent a catastrophe.

10. Helping People Help the Land Issues Aging Infrastructure Adequate O&M is lacking on many sites Hazard class changes

11. Watershed Program Dams More than 11,000 dams in the U.S. $14 Billion infrastructure

12. Helping People Help the Land

13. 1999 NRCS Oversight and Evaluation (O&E) Review 1/3 rd of the dams showed deterioration that could lead to dam failure. No one was reviewing Hazard Classification

14. Helping People Help the Land Follow-up Oversight & Evaluation Review in 2006 67% of structures did not have adequate O&M (6 states were reviewed) Lack of O&M increases safety Hazard and potential for Loss of Life NRCS is not holding the Sponsors accountable for violations of O&M agreements

15. Problems Identified: O&M Agreements and O&M Plans are not being reviewed and updated Sponsors not carrying out O&M responsibilities Lack of oversight and follow-up by NRCS Inadequate training

16. NRCS Action for FY2015 State Conservationists will determine status of compliance with O&M Agreement on every project dam Will notify sponsors of O&M violations Verify that the dam hazard classification is accurate, per the cycle as defined in policy

17. National O&M Manual The O&M Agreement is the corner-stone of the NRCS-sponsor relationship after the dam is built. We will be reviewing Part 500, Subpart A-Overview & Responsibilities & Subpart C- Operation and Maintenance Agreement

18. Agreements & Plans Both are required for NRCS assisted Watershed Structures The Plan is more specific than the Agreement The Plan may be incorporated into the O&M agreement Some watershed projects have 2 documents, some have just the O&M Agreement

19. State Conservationist Dam Responsibilities (Dam O&M)

20. Helping People Help the Land State Conservationists shall: Develop State policies and procedures to ensure that O&M requirements are planned and implemented for all practices installed with NRCS assistance Establish policy to investigate and take action on all suspected violations of O&M requirements Determine the amount of NRCS resources that will be made available to assist sponsors/land users with O&M activities Actively pursue correction of all violations of O&M requirements; consult with the Office of General Counsel before pursuing legal remedies Notify appropriate authorities of emergency situations that may result in risks to public health and safety as described in 500.14

21. District Conservationist Dam Responsibilities (Dam O&M)

22. Helping People Help the Land District Conservationists shall: Ensure that sponsor/land users are provided information on O&M requirements for all practices installed with NRCS assistance; Provide assistance to sponsors/land users for requested training, site-specific O&M recommendations, financial needs for O&M, and O&M inspections, in accordance with the policies established by the State Conservationist; Report suspected O&M violations according to policy and procedures; Review O&M Agreements with sponsors at least once every 5 years; and Maintain O&M records for NRCS assisted practices, as required by specific programs.

23. Sponsors Dam Responsibilities (Dam O&M)

24. Public Law-83-566 “Sponsors are responsible for financing and performing without cost to the Federal Government, needed operation and maintenance of project measures installed with Federal financial assistance.”

25. Helping People Help the Land Operation & Maintenance Required by Sponsors Insure the dam functions in the manner it was designed Inspect the dam at least annually and after every major storm event Prepare a report for each inspection and provide a copy to NRCS Keep a record of all maintenance performed

26. Helping People Help the Land Maintenance Includes: Fertilize and mow vegetation on embankments and spillways

27. Helping People Help the Land Maintenance Includes: Herbicide treatment

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30. Maintenance Includes: Remove & dispose of debris

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32. Maintenance Includes: Repair fences and gates

33. Helping People Help the Land Maintenance Includes: Refill, smooth and vegetate erosion on embankments, spillways, and drainage ways

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35. Maintenance Includes: Insuring Structural Integrity of Principal Spillway

36. Helping People Help the Land Maintenance Includes: Repair damaged plunge basins

37. Helping People Help the Land Maintenance Includes: Ensuring Structural Integrity of the Emergency Spillway

38. Helping People Help the Land Maintenance Includes: Ensuring Structural Integrity of the Emergency Spillway Exit

39. Helping People Help the Land NRCS actions this year Evaluate each dam for compliance with the O&M agreement Where non-compliant, notify Sponsor in writing and request that they make the necessary repairs that will ensure that the structure is safe

40. Helping People Help the Land NRCS actions this year New policy supplement in the NEM: NRCS will review the O&M Agreement with the sponsor during the same year in which the 5 year O&M Inspection is scheduled. O&M Agreements will be amended to include all necessary information in accordance with NOMM 500.21 – start with the two missing Agreements and those undergoing 5 year O&M Inspections this FY

41. Helping People Help the Land NRCS actions this year All hazard classifications older than 5 years will be re-evaluated by an NRCS Engineer State Conservationist will notify a Sponsor in writing of any hazard classification changes If hazard classification changes to “High”, the State Conservationist will notify the Sponsor in writing that an Emergency Action Plan (EAP) needs to be developed

42. Helping People Help the Land An EAP is needed for this High Hazard Site

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44. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720- 5964 (voice and TDD). USDA is an equal opportunity provider and employer.

45. Helping People Help the Land Typical Planning Process Scenarios No Action (Controlled Breach by SLO) Decommissioning of Dam (Controlled Breach by NRCS) Relocation of Properties at Risk, Repair Dam Dam Rehabilitation – several alternatives

46. Helping People Help the Land No Action Without federal funding and/or sufficient local funding, rehabilitation will not be viable. To reduce liability and eliminate the potential hazard of dam failure, a controlled breach measure will be implemented. The stream channel will be reconnected. Minimal effort will be made to stabilize sediment.

47. Helping People Help the Land No Action (cont.) The structure will no longer provide protection or flood damage reduction benefits for any level of storm event. Contingency plans for catastrophic storm events will need to be developed and implemented downstream.

48. Helping People Help the Land No Action (cont.) Additional work to downstream infrastructure (roads and bridges) may be needed due to increased flooding. Upstream property values may be negatively affected.

49. Helping People Help the Land Decommissioning of Dam The footprint of the dam and spillway will be removed. The stream channel will be reconnected. Sediment may need to be stabilized by a grade stabilization structure or other means. Upstream property values may be negatively affected.

50. Helping People Help the Land Decommissioning of Dam (cont.) No flood damage reduction or protection will be provided. Contingency plans for catastrophic storm events will need to be developed and implemented downstream. Additional work to downstream infrastructure (roads and bridges) may be needed due to increased flooding.

51. Helping People Help the Land Relocation of properties at risk, repair dam The dam will not be rehabilitated, but may be repaired and operation & maintenance of the structure will continue. Residences, utilities, roads, and railroads within the breach inundation area downstream of the dam may need to be altered or relocated.

52. Helping People Help the Land Relocation of properties at risk, repair dam (cont.) Measures should be taken to insure that the dam will remain at a low hazard classification and future downstream development limited and/or restricted.

53. Helping People Help the Land Dam Rehabilitation Update dam to current NRCS and state criteria for a high hazard dam, or initiate zoning requirements to maintain low hazard classification. Maintain upstream property values. Aesthetic value will remain. Retain existing benefits and protection.

54. Helping People Help the Land Dam Rehabilitation Alternatives May Include Raising top of dam. Installing additional principal spillway pipe. Additional earthen auxiliary spillway or hardened surface auxiliary spillway. Installing a downstream impact basin. Installing hooded inlet structure.