STATE OF SOUTH CAROLINA ) BEFORE THE

COUNTY OF MARLBORO ) DEPARTMENT OF HEALTH ANI)

) ENVIRONMENTAL CONTROL
)
)
INRE: LAKE WALLACE DAM )
D002r ) f,MERGENCY ORDER
)
)

The south carolina Department of Health and Environmental control (..Department,'),

pursuant to the south carolina Dams and Reservoirs Act, S.C. code Ann. 49-l l-l10,
et seq.,
$
("The Act") and Regulation 72-1, et. seq., hereby issues this Emergency order to the South
carolina Department of Natural Resources, for required action related to Lake wallace Dam
located at Latitude: 34.6311, Longitude: -79.6517, Marlboro, South Carolina.

FINDINGS OF FACT
1 The Lake Wallace Dam's embankment impounds Crooked Creek.
2 The current hazard potential for this dam is classified as ,,High,,.
J The Department has determined that the South carolina Department ofNatural Resources

ofthe Lake wallace Dam pursuant to Section 49-l l-120(9) ofthe Act, which
is the owner

defines "owner" as "those who own, control, operate, maintain, manage, or propose to
construct a dam or reservoir."
4 The Department has determined through visual observation that the referenced dam is
unsafe. A partial breach of the dam occurred on May 6, 2024, leaving sufficient
embankment material capable of impounding water during significant rainfall or in the
event the dike separating the two chambers of the reservoir were to be compromised
resulting in further failure ofthe dam and resulting in a potential danger to life and property.
It has been determined that it is necessary that immediate action be undertaken by the dam
owner to prevent failure of the dam and the damage to property or loss of life that would
result from its failure.

I
 CONCLUSIONS OF LAW

I The Act and Regulation 72-1, et seq., authorize the Department's Dams and Reservoirs
Safety Program. The purpose ofthe Act and Regulation is to protect citizens, health, safety,

and welfare by reducing the risk offailure ofregulated dams.

2 Under the Act and Regulation, an owner at its own expense has responsibility for
maintaining a dam, reservoir, and appurtenant works in a properly functioning and safe
condition throughout the tife of the structures.

J Regulation 72-5(A), states, "The Department has the authority and responsibility to issue
orders to dam owners mandating remedial measures necessary to protect life and property
from danger imposed by unsafe dams. The remedial measures ordered by the Department
shall be made at the dam owner's expense and shall normally include a detailed inspection
lollowed by appropriate repairs."

4. Section 49-11-190 of the Act, provides as follows:

A. The Department immediately shall order remedial measures necessary to protect
life or property if the condition ofa dam or reservoir is so dangerous to the safety
of life or property as not to permit time for the issuance and enforcement ofa repair
order or passing of imminent floods threaten overtopping erosion or destruction of
a dam or reservoir capable ofdanger to life or property.
B. In applying emergency measures the Department has the following authority to
order the owner to:

1 . lower the water level by releasing water from the reservoir;

2. empty the reservoir completely; and
3. take other steps essential to safeguard life and property.
c. For an emergency where the owner finds repairs are necessary to safeguard life or
property, the owner may start repairs immediately, but shall notiry the Department
at once ofthe proposed repairs and work underway.

2
5. Section 49-1 1-190(D) of the Act states, "when the owner fails to comply with the
emergency order or cannot be ascertained or found, the Department or its authorized agents

may enter and immediately take actions necessary to provide protection to life or property,

including removal of the dam. The Department may recover from the owner, in the name
of the State, the expenses incurred in taking the action in the same marurer debts are
recoverable by law."
THEREFORE, IT IS ORDERED, that the South carolina Department of Natural Resources
undertake the following actions:

l. Under the supervision of a qualified registered professional engineer licensed to

practice in South carolina shall begin implementation and evaluation of any
additional remedial measures deemed necessary to safeguard life or property from
further deterioration of the ea(hen embankment dam. The water level shall be
maintained at a safe level as determined by a quatified registered professional
engineer licensed to practice in South carolina, and the safe water level must be
maintained until notified by the Department. If necessary, take appropriate action
to notifu downstream property owner(s) as needed. Failure to comply with this
requirement may result in the Department taking actions to protect life or property,
which may include removal of the dam. The Department may recover from the
owner, in the name ofthe State, expenses incurred in taking such actions.
2' Submit to the Department a Plan of Action prepared by a qualified engineer
licensed to practice in South Carolina. The plan of Action shall report the actions
taken to date and the actions planned to safeguard life and property. The ptan of
Action shall include: a monitoring plan and interim risk reduction measures. The
Plan of Action shall be submitted by the engineer to the Department no later than

5:00 PM on Thursday, May 16th,2024 summarizing the measures anticipated

to comply with this order. Failure to comply with this requirement may result in
the Department taking actions to protect life or property, which may include
removal of the dam. The Department may recover from the owner, in the name of
the State, expenses incurred in taking such actions.

3
PURSUANT To rHIs oRDER, cornmunications regarding this order and its requirements
shall be addressed or directed to:

Attn: Margaret Spence, Enforcement Project Manager

SCDHEC, Bureau of Water
WP Enforcement Section
2600 Bull Street, Columbia. South Carolina 29201
Phone: (803) 917-6553
Fax: (803) 898-4215
Email: spencemr@dhec.sc.gov

IT IS FURTHER ORDERED, thar pursuant to S.c. code Ann. g 49-11-200, no repair or

reconstruction to the dam other than emergency measures to safeguard life or property may be
undertaken prior to the Dam owner obtaining written approval ofplans and specification from

the Department.

AND IT IS SO ORDERED.

q43,?, a. zoa
Je er Hughes, Chief
Bureau of Water
South Carolina Department of Health and
Environmental Control