Ararat Dams RFP 2025-91000-1.pdf

{00560312.DOCX } 1

REQUEST FOR PROPOSALS

RFP # 2025-91000-1

ARARAT RIVER WATERSHED DAMS

PROFESSIONAL ENGINEERING SERVICES

Dated: October 16, 2024

SUBMISSION DEADLINE

October 30, 2024

2:00 P.M.

All comments and questions concerning this solicitation should be addressed to Mark Vernon at mvernon@co.patrick.va.us.

The County reserves the right to cancel this RFP and/or reject any or all proposals and to waive any informalities or irregularities in any proposal.

mailto:mvernon@co.patrick.va.us

{00560312.DOCX } 2

Submissions will be accepted in writing until the given deadline; to include one version with proprietary information redacted, if applicable.

Submissions will only be accepted in writing, complete as required per this RFP instruction and direction given at the submission site. It is the full responsibility of the Offeror to comply with the requirements of this RFP.

As this is a Request for Proposal, all responses shall be opened in private with no information being released until after the selection process. A selection committee will be established to review and evaluate all responses in accordance with the criteria and requirements of the RFP.

All questions must be submitted before 3:00 p.m. on October 25, 2024. If necessary, any addenda will be issued. All such addenda shall become a part of the solicitation documents, must be addressed in the proposal, if applicable, and shall become a Contract Document.

The County accepts no liability for late, or non-receipt of, addenda. All addenda will be distributed electronically by posting on the County’s official website bid postings page: https://co.patrick.va.us/Bids.aspx. Addenda should be acknowledged within the Offeror’s proposal.

https://co.patrick.va.us/Bids.aspx

{00560312.DOCX } 3

I. PURPOSE

The County of Patrick owns and operates seven flood control dams in the Ararat community of Patrick County. These dams were built between the years 1994 and 2001 as part of the Ararat River Watershed Flood Control Project instituted under a cooperative agreement between Patrick County and the Patrick Soil and Water Conservation District with funding provided by USDA NRCS. The County of Patrick will utilize this Request for Proposals (RFP) to procure engineering services related to the Ararat River Watershed dams (the “Dams”) in order to meet the requirements outlined by the Virginia Department of Conservation and Recreation (“VA DCR”) in the Conditional Operation & Maintenance Certificates issued for the Dams by the VA DCR to the County on 09/30/24. The County reserves the right to utilize the selected firm from this RFP process to provide any other engineering services needed, with additional County funds, to keep the Dams in compliance with the Dam Safety Act. It is anticipated that the County will enter into a professional engineering term contract with the selected firm, in accordance with Va. Code § 2.2-4303.1.

II. SCOPE OF SERVICES

The County of Patrick seeks professional engineering services for the correction of multiple items related to the Dams in order to meet the requirements outlined by the VA DCR Conditional Operation & Maintenance Certificates, as well as any reoccurring engineering work needed in order to keep the Dams in compliance with the Dam Safety Act. These services may include but are not limited to the following: annual professional engineer inspections; conducting emergency action plan table top exercises; development of preliminary engineering reports; incremental damage assessments; development of construction design drawings and specifications; performance of environmental surveys;

obtainment of environmental permits; preparation of design documents to obtain construction permits; performance of construction bids and construction administration services; and developing grant applications.

III. INSTRUCTIONS TO OFFERORS

Proposals must be submitted in accordance with the instructions and requirements contained in this RFP. Failure to do so may result in the proposal being considered non-responsive and it may be rejected. An Offeror must promptly notify the the County of any ambiguity, inconsistency or error which may be discovered upon examination of the RFP.

The County of Patrick reserves the right to make the final determination of responsible Offerors and to waive informalities and/or irregularities and to accept or reject any or all offers. Proposals should be as thorough and detailed as possible so that the County may properly evaluate the capabilities of respective Offerors to provide the required services. It is not the intent of the specifications to be proprietary, or to exclude any individual, business or firm.

Offerors are required to submit the following items for a complete proposal:

A. Information as to the Offeror’s background and experience relative to the services being requested.

B. List of previous clients that may be contacted as reference. The Offeror must have a minimum experience of three (3) projects of similar size and complexity that have been completed within the last three (3) years. Include customer name and contact information with telephone number and email addresses.

C. Any other special experience and qualifications with VA DCR Consent Projects for localities.

D. A listing of specific requirements, if any, which the County will need to provide or meet prior to starting the work.

E. The Offeror shall submit a method and plan outlining how the requirements contained in this proposal will be

{00560312.DOCX } 4

met.

F. Proposed timeline for project from kickoff to closeout/completion.

IV. SUBMITTAL REQUIREMENTS

Submissions shall be made in writing; to include one version with proprietary information redacted, if applicable.

As it is expected that each Offeror may have different needs for information, it is incumbent on each Offeror to make whatever inquiries it deems necessary in order to respond to the RFP. The County assumes no responsibility for oral instructions, suggestions or interpretations.

The County of Patrick is not responsible for any costs incurred with the development and delivery of the proposal. It is the sole responsibility of the Offeror.

One written copy of the Offeror’s proposal is to be mailed or hand delivered, and one shall be sent via email to:

County of Patrick Attn: Ruth Russell 106 Rucker Street Stuart, VA 24171

Envelopes shall be clearly noted on the outside as follows:

RFP - Engineering Services-Ararat River Watershed Dams Project

Email Delivery to:

rrussell@co.patrick.va.us cc: mvernon@co.patrick.va.us

Receipt of an emailed copy by the due date and time shall be regarded as having met the submission deadline requirement.

A confirmation email acknowledging the date and time received shall be sent back to the offeror as a receipt.

V. CRITERIA FOR EVALUATION

The following criteria will be used to evaluate the responses to this RFP:

1. Knowledge and experience with VA DCR dam compliance projects in Virginia (20%)

2. Qualifications and experience of individuals on team with focus on Dam Safety Act compliance work (20%)

3. Demonstrated track record of the ability to meet deadlines and regulatory requirements relating to VA DCR Projects (20%)

4. Proposed Project Method and overall engagement approach (30%)

5. Proximity to project/location/area and accessibility to client (10%) mailto:rrussell@co.patrick.va.us mailto:mvernon@co.patrick.va.us

{00560312.DOCX } 5

VI. AWARD OF THE CONTRACT

The County shall engage in individual discussions with two or more Offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence, to provide the required services.

Repetitive informal interviews shall be permissible. Such Offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project, as well as alternative concepts.

At the discussion stage the County may discuss non-binding estimates of total project costs and non-binding estimates of price for services. Proprietary information from competing Offerors shall not be disclosed to the public or to competitors. At the conclusion of the informal interviews, on the basis of evaluation factors published in this Request for Proposals and all information developed in the selection process to this point, the County shall select, in order of preference, two or more Offerors whose qualifications and proposed services are deemed most meritorious.

Negotiations shall then be conducted, beginning with the Offeror ranked first. If a contract satisfactory and advantageous to the County can be negotiated at a price considered fair and reasonable, the award shall be made to the Offeror. Otherwise, negotiations with the Offeror ranked first shall be formally terminated and negotiations conducted with the Offeror ranked second, and so on, until such a contract can be negotiated at a fair and reasonable price. Should the County determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that Offeror. It is anticipated that the form of the contract will be a professional engineering term contract with a term of one year, with the option to renew for three additional terms as needed, in accordance with Va. Code § 2.2- 4303.1.

GENERAL TERMS AND CONDITIONS

The general conditions set forth herein apply for contractual services rendered to the County. All Offerors are bound by these conditions. Further, these conditions and requirements become part of any contract awarded between the County and the successful Offeror.

Any changes in the general conditions after the proposal is advertised will be official only when submitted in writing and signed by the County. Any and all changes will be made by addendum and all Offerors notified. All addenda issued will become a part of the proposal.

Should an Offeror find discrepancies, ambiguities and require clarification, he/she should notify the Purchasing Office by the deadline set on page 2 for such notification.

Every Offeror shall include in its proposal the identification number issued to it by the State Corporation Commission confirming that it is organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 of the Code of Virginia. If the Offeror is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law, the Offeror shall include in its proposal a statement describing why the Offeror is not required to be so authorized. Any Offeror that fails to provide the required information shall not receive an award unless a waiver of this requirement is granted by the County Administrator.

A. Proposal Procedures

1. The Offeror’s proposal must be received by the County, prior to the deadline, following the requirements herein.

2. In submitting a proposal, the Offeror signifies that he/she is fully informed as to the extent and character of the supplies, materials, equipment and services necessary to perform this proposal in accordance with all documents constituting the proposal and will comply satisfactorily with the proposal documents.

{00560312.DOCX } 6

3. All information required by this solicitation must be supplied to constitute a responsive proposal. However, the Offeror’s signature shall be handwritten in ink in order for the proposal to be considered.

4. The Offeror expressly warrants that the services proposed herein are not the result of an agreement or understanding expressed or implied with any other Offeror or Offerors.

5. In the case of a tie, preference shall be given to goods, services and construction products in Virginia or provided by Virginia based persons, firms or corporations, if such a choice is available; otherwise, the tie shall be decided by lot.

6. Any proposal submitted with corrections must have the corrections initialed by the person who signed the original proposal. No proposal changes will be permitted after the opening.

7. The County requires that the proposal remain firm 90 days after the date of the closing. At the end of the 90 days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled.

8. The County is exempt from the payment of any federal excise or any Virginia sales tax. The price bid, if applicable, must be net, exclusive of taxes. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the County at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.

9. Right is reserved to waive any and all informalities and to cancel or reject any and all proposals.

10. The successful Offeror shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute without written consent of the County.

11. Proposals will be received up to the appointed hour but County officials reserve the right to take sufficient time to study the various proposals and then make the awards. Contracts will be awarded as promptly as possible after the closing date.

12. Offerors may be required under Title 54.1 of the Code of Virginia, if applicable, to show evidence of certificate of registration.

13. Failure to comply with conditions set forth herein may result in removal of an item(s) or total proposal from consideration.

B. Anti-Discrimination

By submitting their proposals, offerors certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and section 2.2-4311 of the Virginia Public Procurement Act. If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient’s religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into

{00560312.DOCX } 7

separate accounts, only the accounts and programs funded with public funds shall be subject to audit. (Code of Virginia, sec. 2.2-4343.1).

In every contract over $10,000 the provisions in 1. and 2. below apply:

1. During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, natural origin or disabilities, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.

C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

2. The contractor will include the provisions of the foregoing paragraphs A, B, and C in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

C. Payments

1. Billing will be directed to the County of Patrick, Department of Finance. Payment will be made after the receipt of a proper invoice.

2. Payment shall not preclude the County from making a claim for adjustment on any item later found not to have been in accordance with General Conditions and Specifications.

D. Disputes

Contractual claims, whether for money or other relief, shall be submitted in writing no later than 60 days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payments.

E. Protest of Award or Decision to Award

Any bidder or Offeror who desires to protest the award or decision to award a contract shall submit such protest in writing to the Purchasing Office not later than ten days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or Offeror is not a responsible bidder or Offeror. The written protest shall include the basis for the protest and the relief sought.

F. Proprietary Information

Ownership of all proposal documentation submitted to the County shall belong exclusively to the County. Proprietary information submitted by the Offeror shall not be subject to public disclosure under the Virginia Freedom of

{00560312.DOCX } 8

Information Act; however, the Offeror must invoke the protections of Section 2.2-4342(F) of the Code of Virginia, in writing, either before or at the time the data or material is submitted. The written notice must specifically identify the data or materials to be protected including the section of the proposal in which it is contained and the page numbers, as well as, stating the reasons why protection is necessary. The proprietary or trade secret material within the proposal must be identified by some distinct method such as highlighting or underlining, and must indicate only the specific words, figures, or paragraphs that constitute proprietary information. In addition, a summary of proprietary information submitted shall be submitted on a separate form. The classification of an entire proposal document as proprietary is not acceptable, and will be rejected.

G. Indemnification.

Offeror agrees to indemnify, defend and hold harmless the County, its officers, agents, and employees from any claims, damages and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by Offeror and/or arising from or caused by any services of any kind or nature furnished by Offeror.

H. Insurance

By signing and submitting a proposal under this solicitation, the Offeror certifies that if awarded the contract, it will have the following insurance coverages at the time the contract is awarded. For construction contracts, if any subcontractors are involved, the subcontractor will have workers’ compensation insurance in accordance with Sections 2.2-4332 and 65.2-800 et seq. of the Code of Virginia. The Offeror further certifies that the contractor and any subcontractors will maintain these insurance coverages during the entire term of the contract and that all insurance coverages will be provided by insurance companies authorized to sell insurance in Virginia by the Virginia State Corporation Commission.

INSURANCE COVERAGES AND LIMITS REQUIRED:

A. Worker’s Compensation – Statutory requirements and benefits.

B. Employers Liability - $500,000

C. Commercial General Liability - $1,000,000 per Occurrence/$2,000,000 General Aggregate. Commercial General

Liability is to include Premises/Operations Liability, Products and Completed Operations Coverage, and Independent Contractor’s Liability or Owner’s and Contractor’s Protective Liability.

D. Automobile Liability - $1,000,000 – Combined single limit. (Only if motor vehicle is to be used in the contract.)

E. The County must be named as an additional insured with respect to General Liability and Automobile Liability when requiring a Contractor to obtain Commercial General Liability coverage.

I. Nondiscrimination of Contractors

An Offeror shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, national origin, age, or disability or against faith-based organizations. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the County shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider.

{00560312.DOCX } 9

J. Drug Free Workplace

In every contract over $10,000 the Offeror agrees to (i) provide a drug-free workplace for the contractor's employees;

(ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

K. Immigration Reform and Control Act of 1986

By submitting their proposal, Offerors certify that they do not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986.

L. Authorized to Transact Business

Pursuant to Virginia Code Section 2.2-4311.2 (effective July 1, 2010) each bidder or offeror organized or authorized to transact business in the Commonwealth of Virginia pursuant to Title 13.1 or Title 50 of the Code of Virginia, (1950), as amended, or as otherwise required by law, is required to include in its bid or proposal its Virginia State Corporation Commission (SCC) Identification Number. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 or as otherwise required by law is required to include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

Please complete the following:

A. _______Bidder/Offeror is a Virginia business entity organized and authorized to transact business in Virginia and such bidder’s/offeror’s SCC Identification Number is ________________________.

B. _____ Bidder/Offeror is an out-of-state (foreign) business entity authorized to transact business in Virginia and such bidder’s/offeror’s SCC Identification Number is ________________________.

C. _____ Bidder/offeror does not have an Identification Number issued to it by the SCC and such bidder/offeror is not required to be authorized to transact business in Virginia by the SCC for the following reason(s):

Please attach additional sheets of paper if you need more space to explain why such bidder/offeror is not required to be authorized to transact business in Virginia.

{00560312.DOCX } 10

RFP # 2025-91000-1

PROPOSAL REQUIREMENTS AND NON-COLLUSION STATEMENT

Terms and Conditions: ALL enclosed General and Special Terms and Conditions shall apply to this Request for Proposals. Offerors are reminded to read and comply with all requirements of this solicitation.

My signature certifies that the accompanying proposal is not the result of, or affected by, any unlawful act of collusion with another person or company engaged in the same line business or commerce, or any act of fraud punishable under the Virginia Governmental Frauds Act, sections 18.2-498.1 et seq. of the Code of Virginia, 1950, as amended. Furthermore, I understand that fraud and unlawful collusion are crimes under the Virginia Governmental Frauds Act, the laws against bid rigging (sections 59.1-68.6 et seq.), and the Virginia Antitrust Act (sections 59.1-9.1 et seq.), and Federal Laws regarding the same, and can result in fines, prison sentences, and civil damage awards.

I hereby certify that I am authorized to sign, personally or as a Representative for the Firm:

Name of Firm or Individual: ________________________________________

Address: _______________________________________________________

Signature Date

Printed Name and Title

Telephone: ____________________ Email: ______________________

{00560312.DOCX } 11

APPENDIX A

Dam #2 Site

Drainage Area = 0.26 sq. miles Capacity (AF) = 56 Dam Height = 30.1 Top Surface Area = 6 acres

{00560312.DOCX } 12

Dam #17 Site

Drainage Area = 0.25 sq. miles Capacity (AF) = 58 Dam Height = 39.0 Top Surface Area = 5 acres

{00560312.DOCX } 13

Dam #28 Site

Drainage Area = 0.27 sq. miles Capacity (AF) = 59 Dam Height = 39.0 Top Surface Area = 5 acres

{00560312.DOCX } 14

Dam #32 Site

Drainage Area = 0.33 sq. miles Capacity (AF) = 80 Dam Height = 36.0 Top Surface Area = 6 acres

{00560312.DOCX } 15

Dam #63 Site

Drainage Area = 0.28 sq. miles Capacity (AF) = 73 Dam Height = 31.2 Top Surface Area = 8 acres

{00560312.DOCX } 16

Dam #64 Site

Drainage Area = 0.51 sq. miles Capacity (AF) = 113 Dam Height = 36.0 Top Surface Area = 10 acres

{00560312.DOCX } 17

Dam #69 Site

Drainage Area = 0.48 sq. miles Capacity (AF) = 114 Dam Height = 38.6 Total Surface Area = 9 acres

{00560312.DOCX } 18

Appendix B

Conditional Certificate Table DCR Conditional Certificates

Ararat River Watershed Dam DCR Conditional Certificate Required Actions 10/03/24

Action & Deadline Dam #2 141014

(HH)

Dam #17 141015

(LH)

Dam #28 141017

(HH)

Dam #32 141016

(LH)

Dam #63 141013

(HH)

Dam #64 141018

(LH)

Dam #69 141019

(LH)

Notes

Annual Inspection Report by Professional Engineer.

Completion – 04/30/25

Engineer (2024/25 Budget)

Low Level Reservoir Drainage Plan & Repairs Completion – 09/30/25

Engineer & Private Contractor (Engineering – 2024/25 Budget) (Construction – 2025/26 Budget)

IDA or PER for increasing the spillway capacity to 0.9 PMF Completion – 05/31/26

Engineer (2025/26 Budget)

EAP Table Top Exercise Completion – 04/30/25 ● ● ●

Engineer & PCEMC (2024/25 Budget)

EAP Annual Drill Completion – 03/31/26 ● ● ●

PCEMC

Annual Inspection Report by Owner.

Completion – 04/30/26

PC ESC/SWM

Mow & Maintain Dam as noted in Owner’s Inspection Report dated 4/25/24 Completion – 09/30/25

Patrick County Maintenance (2024/25 Budget)

O&M Certificate Renewal Completion – 05/31/26

Engineer (2025/26 Budget)

LH - Low Hazard Classification HH - High Hazard Classification IDA - Incremental Damage Assessment PER - Preliminary Engineering Report EAP - Emergency Action Plan

Travis A. Voyles Frank N. Stovall Secretary of Natural and Historic Resources Deputy Director for Operations

Matthew S. Wells Darryl Glover Director Deputy Director for Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis Deputy Director for Administration and Finance

600 East Main Street, 24th Floor | Richmond, Virginia 23219 | 804-786-6124

State Parks • Soil and Water Conservation • Planning and Recreation Resources

Natural Heritage • Dam Safety and Floodplain Management • Land Conservation

DAM SAFETY AND FLOODPLAIN MANAGEMENT

Dam Safety Conditional Operation and Maintenance Certificate Unknown Hazard Dam, Inventory Number 141014 (Legacy No. 14114)

Patrick County, owner(s) of Ararat River Dam #2 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and

Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Action Plan - Respond to any comments or revision requests related to the Emergency

Action Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Wednesday, April 30, 2025.

• Implement a Low Level Reservoir Drainage Plan - Implement a low-level drainage plan, in accordance with Virginia DCR’s Guidance Document DCR-WSWCB-046. This plan should include either a plan for restoring functionality of the existing drain, or an alternative method for lowering the lake level. To be completed by Tuesday, September 30, 2025.

• Mow and Maintain Dam - Complete the remedial actions noted in the Engineer's Inspection dated

April 25, 2024. To be completed by Tuesday, September 30, 2025.

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

• Annual Drill - Conduct an annual drill in accordance with the emergency plan (EAP - Emergency

Action Plan) and in accordance with the provisions of Section 4VAC50-20-175(E) of the Virginia

Impounding Structure Regulations. To be completed by Tuesday, March 31, 2026.

• Annual Inspection Report by Owner - Provide an annual inspection report by owner, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Thursday, April 30, 2026.

• Preliminary Engineering Report - Provide a plan for increasing the dam's spillway capacity to the required minimum of 0.9 PMF. To be completed by Sunday, May 31, 2026.

• Certificate Renewal - Apply for renewal of the operation and maintenance certificate within ninety

(90) days of expiration of this conditional certificate, using the DCR Dam Safety Inventory System

(DSIS) and/or DCR Forms 199-099 and 199-192, in accordance with the provisions of 4VAC50-

20-105, 150, 350, 380, and 390 (as applicable). To be completed by Sunday, May 31, 2026.

This certificate is for a term of two years, effective Friday, August 30, 2024 and expires Sunday, August

30, 2026.

Darryl M. Glover, Deputy Director of Dam Safety and Floodplain Management & Soil and Water Conservation

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

Unknown Hazard Dam, Inventory Number 141015 (Legacy No. 14115)

Patrick County, owner(s) of Ararat River Dam #17 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Action Plan - Respond to any comments or revision requests related to the Emergency

Action Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. (Note: This will not be required if the proposed hazard class determination of Low Hazard is approved by DCR.)

To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. (Note: An Owner's Inspection will be sufficient if the proposed hazard class determination of Low Hazard is approved by DCR.) To be completed by

Wednesday, April 30, 2025.

• Mow and Maintain Dam - Complete the remedial actions noted in the Engineer's Inspection dated

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

Impounding Structure Regulations. (Note: This will not be required if the proposed hazard class determination of Low Hazard is approved by DCR.) To be completed by Tuesday, March 31, 2026.

• Annual Inspection Report by Owner - Provide an annual inspection report by owner, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Thursday, April 30, 2026.

• Certificate Renewal - Apply for renewal of the operation and maintenance certificate within ninety

(90) days of expiration of this conditional certificate, using the DCR Dam Safety Inventory System

This certificate is for a term of two years, effective Friday, August 30, 2024 and expires Sunday, August

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

High, Prelim Hazard Dam, Inventory Number 141017 (Legacy No. 14117)

Louis G. Clements, owner(s) of Ararat River Dam #28 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Action Plan - Respond to any comments or revision requests related to the Emergency

Action Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Wednesday, April 30, 2025.

• Implement a Low Level Reservoir Drainage Plan - Implement a low-level drainage plan, in accordance with Virginia DCR’s Guidance Document DCR-WSWCB-046. This plan should include either a plan for restoring functionality of the existing drain, or an alternative method for lowering the lake level. This could involve making the repairs recommended in the Principal

Spillway Report dated January 9, 2024 or implementing an alternative plan. To be completed by

Tuesday, September 30, 2025.

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

• Mow and Maintain Dam - Complete the remedial actions noted in the Engineer's Inspection dated

• Annual Drill - Conduct an annual drill in accordance with the emergency plan (EAP - Emergency

Action Plan) and in accordance with the provisions of Section 4VAC50-20-175(E) of the Virginia

Impounding Structure Regulations. To be completed by Tuesday, March 31, 2026.

• Annual Inspection Report by Owner - Provide an annual inspection report by owner, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Thursday, April 30, 2026.

• Preliminary Engineering Report - Provide a plan for increasing the dam's spillway capacity to the required minimum of 0.9 PMF. (Note: This plan may not be required if an Incremental Damage

Assessment shows no additional benefit from increasing the spillway to 0.9 PMF.) To be completed by Sunday, May 31, 2026.

• Certificate Renewal - Apply for renewal of the operation and maintenance certificate within ninety

(90) days of expiration of this conditional certificate, using the DCR Dam Safety Inventory System

This certificate is for a term of one year, effective Friday, August 30, 2024 and expires Friday, July 31, 2026.

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

Unknown Hazard Dam, Inventory Number 141016 (Legacy No. 14116)

Patrick County, owner(s) of Ararat River Dam #32 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Action Plan - Respond to any comments or revision requests related to the Emergency

Action Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. (Note: This will not be required if the proposed hazard class determination of Low Hazard is approved by DCR.)

To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. (Note: An Owner's Inspection will be sufficient if the proposed hazard class determination of Low Hazard is approved by DCR.) To be completed by Wednesday, April 30, 2025.

• Mow and Maintain Dam - Complete the remedial actions noted in the Engineer's Inspection dated

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis determination of Low Hazard is approved by DCR.) To be completed by Tuesday, March 31, 2026.

• Annual Inspection Report by Owner - Provide an annual inspection report by owner, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Thursday, April 30, 2026.

• Certificate Renewal - Apply for renewal of the operation and maintenance certificate within ninety

(90) days of expiration of this conditional certificate, using the DCR Dam Safety Inventory System

20-105, 150, 350, 380, and 390 (as applicable). To be completed by Tuesday, June 30, 2026.

This certificate is for a term of two years, effective Friday, August 30, 2024 and expires Sunday, August

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

Unknown Hazard Dam, Inventory Number 141013 (Legacy No. 14113)

Patrick County, owner(s) of Ararat River Dam #63 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Action Plan - Respond to any comments or revision requests related to the Emergency

Action Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Wednesday, April 30, 2025.

• Mow and Maintain Dam - Complete the remedial actions noted in the Engineer's Inspection dated

April 25, 2024. To be completed by Tuesday, September 30, 2025.

• Annual Drill - Conduct an annual drill in accordance with the emergency plan (EAP - Emergency

Action Plan) and in accordance with the provisions of Section 4VAC50-20-175(E) of the Virginia

Impounding Structure Regulations. To be completed by Tuesday, March 31, 2026.

• Annual Inspection Report by Owner - Provide an annual inspection report by owner, using the

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Thursday, April 30, 2026.

• Preliminary Engineering Report - Provide a plan for increasing the dam's spillway capacity to the required minimum of 0.9 PMF. To be completed by Thursday, April 30, 2026.

• Certificate Renewal - Apply for renewal of the operation and maintenance certificate within ninety

(90) days of expiration of this conditional certificate, using the DCR Dam Safety Inventory System

This certificate is for a term of two years, effective Saturday, August 31, 2024 and expires Monday, August

31, 2026.

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

Low Hazard Dam, Inventory Number 141018 (Legacy No. 14118)

Patrick County, owner(s) of Ararat River Dam #64 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Action Plan - Respond to any comments or revision requests related to the Emergency

Action Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. (Note: This will not be required if the proposed hazard class determination of Low Hazard is approved by DCR.)

To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. (Note: An Owner's Inspection will be sufficient if the proposed hazard class determination of Low Hazard is approved by DCR.) To be completed by Wednesday, April 30, 2025.

• Annual Drill - Conduct an annual drill in accordance with the emergency plan (EAP - Emergency

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis determination of Low Hazard is approved by DCR.) To be completed by Tuesday, March 31, 2026.

• Annual Inspection Report by Owner - Provide an annual inspection report by owner, using the

DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. To be completed by Thursday, April 30, 2026.

• Certificate Renewal - Apply for renewal of the operation and maintenance certificate within ninety

(90) days of expiration of this conditional certificate, using the DCR Dam Safety Inventory System

This certificate is for a term of two years, effective Friday, August 30, 2024 and expires Sunday, August

Dam Safety, Floodplain Management and Soil and Water Conservation Andrew W. Smith Chief Deputy Director

Laura Ellis

Low Hazard Dam, Inventory Number 141019 (Legacy No. 14119)

Patrick County, owner(s) of Ararat River Dam #69 in Patrick County, is(are) entitled to operate and maintain this dam pursuant to the provisions of the Dam Safety Act (Section 10.1-604 et seq., Code of Virginia) and Virginia Soil and Water Conservation Board Regulations (Regulations) promulgated thereunder.

This Conditional Operation and Maintenance Certificate is issued because the dam does not satisfy the current Regulations. The condition(s) that must be corrected to qualify for a Regular Operation and Maintenance

Certificate is(are):

• Dam Break/Inundation Study - Respond to any comments or revision requests related to the Dam

Break Inundation Study that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Emergency Preparedness Plan - Respond to any comments or revision requests related to the

Emergency Preparedness Plan that has been submitted for this dam. To be completed by Tuesday, December 31, 2024.

• Table-Top Exercise - Conduct an emergency plan table-top functional exercise in accordance with the emergency plan (EAP-Emergency Action Plan) and in accordance with the provisions of

Section 4VAC50-20-175(E) of the Virginia Impounding Structure Regulations. (Note: This will not be required if the proposed hazard class determination of Low Hazard is approved by DCR.)

To be completed by Monday, March 31, 2025.

• Annual Inspection Report by Engineer - Provide an annual inspection report by engineer, using the DCR Dam Safety Inventory System (DSIS) and/or DCR Form 199-098, in accordance with the provisions of Sections 4VAC50-20-105(C)(2) and (E) and Section 4VAC50-20-180 of the Virginia

Impounding Structure Regulations. (Note: An Owner's Inspection will be sufficient if the proposed hazard class…