For purposes of this subpart D:
(a) Independent consultant means any person who:
(1) Is a licensed professional engineer;
(2) Has at least 10 years of experience and expertise in dam design and construction and in the investigation of the safety of existing dams;
(3) Is not an employee of the licensee or its affiliates;
(4) Has not been an employee of the licensee or its affiliates within two years prior to performing engineering and/or scientific services for an inspection or assessment under this subpart D; and
(5) Has not been an agent acting on behalf of the licensee or its affiliates, prior to performing engineering and/or scientific services for an inspection or assessment under this subpart D.
(b) An independent consultant team means a group of one or more people that:
(1) Includes at least one independent consultant, as defined in paragraph (a) of this section;
(2) Includes additional qualified engineering and scientific professionals as supporting team members, as needed, who meet the requirements of paragraphs (a)(3) through (5) of this section;
(3) Has demonstrable experience and expertise in dam design, construction, and the evaluation and assessment of the safety of existing dams and their appurtenances, commensurate with the scale, complexity, and relevant technical disciplines of the project and type of review, inspection, and assessment being performed (periodic inspection or comprehensive assessment, as defined in this section).
(c) Height above streambed means:
(1) For a dam with a spillway, the vertical distance from the lowest elevation of the natural streambed at the downstream toe of the dam to the maximum water storage elevation possible without any discharge from the spillway. The maximum water storage elevation is:
(i) For gated spillways, the elevation of the tops of the gates; and
(ii) For ungated spillways, the elevation of the spillway crest or the top of any flashboards, whichever is higher.
(2) For a dam without a spillway, the vertical distance from the lowest elevation of the natural streambed at the downstream tow of the dam to the lowest point on the crest of the dam.
(d) Gross storage capacity means the maximum possible volume of water impounded by a dam with zero spill, that is, without the discharge of water over the dam or a spillway.
(e) Periodic inspection means an inspection that meets the requirements of § 12.35 and is performed by an independent consultant team.
(f) Comprehensive assessment means a project review, inspection, and assessment that meets the requirements of § 12.37 and is performed by an independent consultant team.
(g) Previous Part 12D Inspection means the most recent inspection performed in accordance with the provisions of this subpart D (a periodic inspection, comprehensive assessment, or an inspection performed in accordance with the rules established by Order 122).
(h) Previous Part 12D Report means the report on the Previous Part 12D Inspection.
[87 FR 1515, Jan. 11, 2022; 87 FR 8411, Feb. 15, 2022]