Section Env-Wr 302.05 - Controlled Breach; Modifications to Lower Impoundment(a) The owner may request approval from the department to perform a controlled breach or to modify the dam so that the impoundment is lowered to a level that is safe for the dam.(b) To request approval for a controlled breach or modification, the owner shall submit the following information in writing to the department:(1) The name, mailing address, and daytime telephone number of the owner;(2) The date of the department's order to repair or reconstruct the dam, if any, and if none, the: a. Tax map and lot number of the property on which the dam is located;b. Location of the dam on the applicable USGS Quadrangle map;c. Name of the stream, river, or other water body on which the dam is located, if applicable;d. Reason(s) for the proposed breach or modification; ande. Hazard classification of the dam;(3) The amount of water currently impounded by the dam, in acre-feet;(4) Whether the request is for a controlled breach or other modification;(5) A detailed explanation of the specific work that will be performed, including anticipated flows during the work and the effect of such flows on upstream and downstream property and public safety;(6) The name(s), mailing address(es), and daytime telephone number(s) of the person(s) proposed to perform the work; and(7) A proposed schedule for the work, which shall include time for the notice and hearing required by RSA 482:13.(c) The department shall approve the proposed breach or modification if the department determines that: (1) The proposed breach or modification will cause the structure to no longer meet the definition of a dam; and(2) The work will be performed in a manner that will not cause flows that would result in property damage or threaten public safety upstream or downstream of the dam.(d) If the department determines that after the proposed breach or modification the structure will still meet the definition of a dam, the department shall approve the breach or modification of the dam provided that:(1) The work will be performed in a manner that will not cause property damage or threaten public safety upstream or downstream of the dam;(2) The threat posed to life or property after completion of the work is no more than it would have been if the work required by the department pursuant to Env-Wr 302.03 had been completed, if applicable; and(3) The requirements of Env-Wr 303.11 relative to discharge capacity will be met as a result of the proposed work.N.H. Code Admin. R. Env-Wr 302.05
#1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84; amd by #4534, eff 11-30-88; ss by #5080, eff 2-22-91; ss by #6462-B, eff 2-21-97; ss by #8285, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8414, eff 8-20-05; ss by #10510, eff 1-22-14