Section 458-4-001 - Applications Any person intending to construct, enlarge, reconstruct, alter, abandon, breach, or remove a dam must file an application and obtain application approval prior to construction, enlargement, reconstruction, alteration, abandonment, breach or removal of the dam. The application must be accompanied by the filing fee.
001.01 The applicant's engineer is required to meet with the Department in a pre-design conference prior to submission of an application for a significant or high hazard class dam.001.02 Applications must be made on a form provided by the Department. Plans and specifications must be submitted with the application form.001.03 If the proposed project will also require a surface water storage appropriation under Neb. Rev. Stat. § 46-241, the application may be submitted with the application for a surface water storage appropriation or anytime within six months of the filing of the application for the surface water appropriation. If the application is not filed within the six month period the application for a surface water storage appropriation shall be dismissed.
001.04 If the owner of the dam is not the landowner of the land where the dam and reservoir will be located, the application shall be accompanied by documentary evidence describing the relationship and responsibilities of the owner of the dam and the owner of the land as it relates to the dam and reservoir. Acceptable documentary evidence includes but is not limited to leases, contracts, memoranda of agreements, easements, options to buy or authority to condemn under existing laws for purposes of construction of a dam and reservoir. The application will not be approved if the owner of the dam does not have sufficient legal authority to construct, operate, and maintain the dam and reservoir for its anticipated design life or sufficient authority to comply with any order the Department issues regarding the safety of the dam or operation of the dam and reservoir.001.05 The application must be signed by all the owners of the dam and reservoir.001.06 The application shall include the name, mailing address, electronic address and telephone number of the person or persons responsible for maintaining and operating the dam and reservoir. Each person's responsibilities shall be described in sufficient detail to provide the Department with an understanding of who is responsible for each aspect of the dam's maintenance and operation along with accurate information about how each person can be contacted. The application must include copies of all contracts or other agreements between the applicant and the person responsible for operation and/or maintenance of the dam and reservoir.001.07 Dams are required to have an outlet for releasing water in compliance with Neb. Rev. Stat. § 46-241(5). If the dam is designed without an outlet, a request for a waiver as described in Department rule Title 458, Chapter 6 must accompany the application for approval.001.08 The Department will return applications that are incomplete or incorrectly filled out to the applicant. The corrected or completed application must be returned to the Department within ninety days or the application will be dismissed. Any associated application for a surface water appropriation will also be dismissed. Fees will not be refunded.458 Neb. Admin. Code, ch. 4, § 001