N.H. Code Admin. R. Env-Wr 304.01

Current through Register No. 25, June 20, 2024

Section Env-Wr 304.01 - Application to Permit Existing Dam

(a) When the department gains knowledge of the existence of a non-permitted dam, either by its own reconnaissance or by reports of others, it shall send a letter by certified mail to the owner of the property on which the dam is located stating the non-permitted status of the dam and the requirements with which the owner shall comply.

(b) The department shall include with the letter an "application to permit an existing dam" and a copy of RSA 482:5.

(c) Upon written notice from the department that an existing dam is non-permitted, the owner shall file the following information on or with, as applicable, the permit application form:

(1) The height and length of the dam, in feet;

(2) The volume and page number at the county registry of deeds of the deed to the dam and of the property on which the dam is located, if different;

(3) The tax map and lot number of the property on which the dam is located;

(4) The location of the dam on the applicable USGS Quadrangle map;

(5) The name of the stream, river, or water body on which the dam is located, if applicable;

(6) The type and purpose of the dam;

(7) A description of the dam foundation material;

(8) The size of the drainage area, normal pond area, maximum pond area, normal storage capacity, and maximum storage capacity of the dam;

(9) An operation and maintenance plan prepared as specified in Env-Wr 303.05;

(10) Plans and specifications which shall, at a minimum, include the following:

a. A scaled plan view;

b. A scaled cross-section view of the dam through the outlet, showing elevations of pipe inlet and outlet, if applicable, watertight connections, and embankment material; and

c. Design and cover of embankment slopes; and

(11) The name, address, and daytime telephone number of the owner.

(d) The owner shall include the following with the application:

(1) The fee required by RSA 482:9, II; and

(2) A statement that the owner has legal flowage rights on all lands which will be permanently or temporarily flooded by the dam and an indication of whether those rights are fee simple ownership, a flowage easement, prescriptive rights, or mill privileges.

(e) The owner shall sign the application and the statement required by (d)(2), above, if such statement is separate from the application.

(f) The owner's signature shall constitute certification that the information provided is true and complete to the knowledge and belief of the owner.

(g) The owner shall return the completed permit application within 30 days of receiving the letter sent pursuant to (a), above.

N.H. Code Admin. R. Env-Wr 304.01

#1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90

New. #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