Department of
Environmental Services
Water Division
Tel. No. (603)
271-3406
CHAPTER
Env-Wr 100
ORGANIZATIONAL RULES
PART
Env-Wr 101
DEFINITIONS
Env-Wr 101.01 “100-year flood” means the flood that has a
one chance in 100 of being equaled or exceeded in a period of one year.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.02 “50-year flood” means the flood that
has a one chance in 50 of being equaled or exceeded in a period of one year.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr
101.03 “Acre-foot” means the volume of
water that would cover one acre to a depth of one foot.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by 8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr
101.04 “Applicant” means the person or
persons filing an application to construct or reconstruct a dam.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; rpld by #4491,
eff 9-20-88
New.
#5080, eff 2-22-91; ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr
101.05 “Breached dam” means a dam that
no longer impounds water at the level of the primary spillway or outlet
structure because of a partial or full dam failure, or because a portion of the
dam has been removed.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4491, eff 9-20-88; ss by #5080, eff
2-22-91; ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05,
EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr
101.06 “Classification of a dam” means
“classification of a dam” as defined in RSA 482:2, I, as reprinted in Appendix
C.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.07 “Construction
engineer” means a professional engineer, licensed in
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr
101.08 “Controlled breach” means an
opening in a dam that extends from the top of the dam to the streambed made
specifically for the purpose of lowering the level of impounded water to a safe
level for the dam.
Source. #1702,
eff 1-1-81; 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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.09 “Dam” means “dam”
as defined in RSA 482:2, II, as reprinted in Appendix C.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.10 “Dam in disrepair”
means “dam in disrepair” as defined by RSA 482:2, V, as reprinted in Appendix
C.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.11 “Days” means
calendar days unless otherwise specified.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.12 “Department” means
the department of environmental services.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.13 “Discharge
capacity” means the amount of water which can safely pass the structure through
its normal discharge channels.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr
101.14 “Emergency action plan” means
“emergency action plan” as defined in RSA 482:2, VI, as reprinted in Appendix
C.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.15 “Emergency condition” means:
(a) A situation has arisen at a dam which could
jeopardize the integrity of the dam; or
(b) Failure of the dam is imminent or has
occurred.
Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82;
ss by #2900, eff 11-7-84; ss by #4491, eff 9-20-88; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.16 “Environmentally-sensitive site” means:
(a) A site listed and tracked by the natural
heritage inventory, as maintained by the department of resources and economic
development;
(b) A prime wetland designated pursuant to RSA
482-A:15;
(c) A river segment designated pursuant to RSA
483;
(d)
A prime habitat for resident or migratory fishes, as determined by the
fish and game department; or
(e)
Surface waters that support coldwater fish
communities immediately downstream of a dam, as determined by the fish and game
department.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by 8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.17 “Flashboards” means
boards which temporarily raise the pond elevation above the permanent spillway
crest and are designed to automatically fall over when the water level rises to
a particular level.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.18 “Freeboard” means
the vertical distance from the water surface to the lowest elevation at which
water would flow over the dam at a section not designed to be overflowed.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.19 “Great pond” means
a water body of 10 acres or more in its natural condition.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.20 “Height” means the
vertical distance from the lowest point of natural ground on the downstream
side of the dam to the highest part of the dam which would impound water.
Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82;
ss by #2900, eff 11-7-84; amd by #4278, eff 6-30-87;
ss by #4534, eff 11-30-88; ss by #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.21 “High hazard
structure” means a dam that has a high hazard potential because it is in a
location and of a size that failure or misoperation
of the dam would result in probable loss of human life as a result of:
(a)
Water levels and velocities causing the structural failure of a
foundation of a habitable residential structure or a commercial or industrial
structure which is occupied under normal conditions;
(b)
Water levels rising above the first floor elevation of a habitable
residential structure or a commercial or industrial structure which is occupied
under normal conditions when the rise due to dam failure is greater than one
foot;
(c)
Structural damage to an interstate highway which could render the
roadway impassable or otherwise interrupt public safety services;
(d)
The release of a quantity and concentration of materials which qualify
as “hazardous waste” as defined in RSA 147-A:2, VII; or
(e)
Any other circumstance which would more likely than not cause one or
more deaths.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.22 “Inflow design
flood” is the flood flow above which the incremental increase in water surface elevation downstream of the dam
due to dam failure would not increase the harm or threat of harm to
public safety or property downstream of the dam.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.23 “Inland public
water” as used in RSA 482:79 means any public water of 10 acres or more whose
level is controlled by a dam.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr
101.24 “Low economic loss” means
reversible environmental loss to undeveloped land or minor damage to
uninhabited structures, such as storage sheds, or to sites listed or tracked by
the natural heritage inventory, as maintained by the department of resources
and economic development.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr
101.25 “Low hazard structure” means a
dam that has a low hazard potential because it is in a location and of a size
that failure or misoperation of the dam would result
in any of the following:
(a)
No probable loss of life;
(b)
Low economic loss;
(c)
Structural damage to a town or city road or private road accessing
property other than the dam owner’s which could render the road impassable or
otherwise interrupt public safety services;
(d)
The release of liquid industrial, agricultural, or commercial wastes,
septage, or contaminated sediment if the storage capacity is less than 2
acre-feet and is located more than 250 feet from a water body or water course;
or
(e)
Reversible environmental losses to environmentally-sensitive sites.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.26 “Menace to public
safety” as used in RSA 482:2, V and “menace to the public safety” as used in
RSA 482:9, III, means that the failure or misoperation
of the dam would threaten human life or public health or interrupt safety
services. The term includes any low
hazard, significant hazard, or high hazard dam but does not include any
non-menace dam.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.27 “Mills” means
“mills” as defined by RSA 482:2, VII, as reprinted in Appendix C.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr
101.28 “Non-menace structure” means a
dam that is not a menace because it is in a location and of a size that failure
or misoperation of the dam would not result in
probable loss of life or loss to property, provided the dam is:
(a)
Less than 6 feet in height if it has a storage capacity greater than 50
acre-feet; or
(b)
Less than 25 feet in height if it has a storage capacity of 15 to 50
acre-feet.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.29 “Non-permitted”
means:
(a)
For a dam constructed subsequent to 1917, that a permit, order, or
authorization for construction or registration by the department or a
predecessor state agency responsible for such at the time has never been issued;
or
(b)
For a dam constructed prior to 1917, that the location of the dam is not
on file with the department.
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.30 “
Source. #4278, eff 6-30-87; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.31 “Owner” means the
person or persons who own a dam.
Source. #4399, eff 4-19-88, EXPIRED 4-19-90
New.
#5080, eff 2-22-91; ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
Env-Wr 101.32 “Person” means
“person” as defined by RSA 482:2, VIII, as reprinted in Appendix C.
Source. #4491, eff 9-20-88; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.33 “Plans” means
engineering drawings including plan views, elevations, sections, and details.
Source. #4491, eff 9-20-88; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.34 “Reconstruction”
means “reconstruction” as defined by RSA 482:2, X, as reprinted in Appendix C.
Source. #4491, eff 9-20-88; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.35 “Removal” means the
physical elimination of a dam as governed by Env-Wr
600.
Source. #4491, eff 9-20-88; ss by #5080, eff 2-22-91;
ss by #6462-A, eff 2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES:
8-20-05; ss by #8412, eff 8-20-05;
ss by #10508, eff 1-22-14
Env-Wr 101.36 “Repair” means work
on a dam that does not change the height, length or discharge capacity of the
structure and that does not constitute reconstruction.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.37 “Reversible
environmental losses” means damage to an ecosystem which is expected to
self-remediate within 5 years.
Source. #5080, eff 2-22-91; ss by #6462-A, eff 2-21-97;
ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff
8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.38 “Ruins” means the
remains of a dam which no longer impounds water and whose deterioration is to
the extent that the original configuration can no longer be determined.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.39 “Significant hazard structure” means a dam that
has a significant hazard potential because it is in a
location and of a size that failure or misoperation
of the dam would result in any of the following:
(a) No probable loss of life;
(b) Major economic loss to structures or
property;
(c) Structural damage to a Class I or II road
which could render the road impassable or otherwise interrupt public safety
services;
(d)
Major environmental or public health losses,
including:
(1) Damage to a public water system, as defined
by RSA 485:1-a, XV, which will take longer than 48 hours to repair; or
(2) The release of liquid industrial,
agricultural, or commercial wastes, septage, sewage, or contaminated sediments if the storage capacity is 2 acre-feet or more;
or
(3) Damage to an environmentally-sensitive site
that does not meet the definition of reversible environmental losses.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.40 “Specifications”
means the descriptions of materials and methods of work sufficient in quantity
and detail to convey the intent of the designer.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.41 “Stage” means the
depth of water or elevation of water surface.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.42 “Storage capacity”
means the maximum volume of water and material which could be impounded by a
dam above the natural ground elevation when the water level is at:
(a)
The top of dam; or
(b)
The highest elevation which could be hydrologically attained, if this
elevation is below the top of dam.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.43 “Stream” means any
watercourse delineated on a USGS topographic map as a dashed or solid line, or
any watercourse not delineated on a USGS topographic map that flows
continuously in a well-defined channel for at least 30% of the year.
Source. #5080, eff 2-22-91; ss by #6462-A, eff
2-21-97; ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412,
eff 8-20-05; ss by #10508, eff
1-22-14
Env-Wr 101.44 “Sunny day flow” means
the flow occurring in a river or stream channel during normal hydrologic
conditions.
Source. #10508, eff 1-22-14
Env-Wr 101.45 “Wave run-up” means
the height of water above the still water level which would be expected to
occur at a dam as a result of high winds.
Source. #10508, eff 1-22-14
PART Env-Wr 102 DUTIES OF THE
DEPARTMENT
Env-Wr
102.01 Summary of Duties. Pursuant to its statutory authority under RSA
482, the department performs the following duties:
(a)
Enters interstate compacts for conserving and regulating flow, lessening
flood damages and removing or preventing sources of pollution, pursuant to RSA
482:91;
(b)
Monitors flow by establishing and maintaining a network of stream flow
gauging stations with cooperation from the United States Geological Survey,
pursuant to RSA 482:85;
(c)
Constructs, maintains and operates small watershed projects with
cooperation from the U.S. Department of Agriculture Natural Resources
Conservation Service (NRCS), pursuant to RSA 482:77;
(d)
When duly-authorized by the legislature, accepts, repairs, maintains,
and operates certain dams, pursuant to RSA 482:48;
(e)
Makes determinations whether it will be in the public interest to grant
the right to erect a dam, pursuant to RSA 482:9, V(a) and RSA 482:31;
(f)
Maintains a current list of existing dams, including their size,
location, classification and owner, pursuant to RSA 482:8;
(g)
Regulates the construction and reconstruction of dams, pursuant to RSA
482:7-11;
(h)
Makes determinations of whether dams are in disrepair and conducts
follow-up proceedings, pursuant to RSA 482:11-a, RSA 482:61, and, if necessary,
RSA 482:89;
(i) Periodically inspects dams, pursuant to RSA
482:12;
(j)
Makes determinations of public use and benefit, pursuant to RSA 482:9,
V(a), RSA 482:17 and RSA 482:31;
(k)
Grants owners of mill dams certain rights when in the public interest,
pursuant to RSA 482:31;
(l)
Makes channel improvements in the public interest, pursuant to RSA
482:1;
(m)
Makes orders, conducts hearings, subpoenas and examines under oath
persons and their books, records, documents, correspondence, and accounts, as
necessary to carry out its obligations, pursuant to RSA 482:87;
(n)
Adopts and enforces rules, pursuant to RSA 482:87 and enforces the
statute and rules pursuant to RSA 482:89;
(o)
Investigates the levels of inland public waters, pursuant to RSA 482:79;
and
(p)
Monitors the ground water resources with the cooperation of the United
States Geological Survey, pursuant to RSA 482:3, II.
Source. #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-A, eff 2-21-97; ss by #8288, INTERIM,
eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff 8-20-05; ss by #10508, eff 1-22-14
PART Env-Wr 103 ACCESS TO
FILES
Env-Wr
103.01 Public Records; Access to
Files.
(a)
Governmental records held by the department relating to activities under
RSA 482 shall be open to public inspection unless exempt under RSA 91-A:5.
(b)
Governmental records that are available for public review may be copied
pursuant to RSA 91-A:4, IV.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; #4278, eff 6-30-87; ss by #4580, eff
2-27-89; rpld by #5080, eff 2-22-91
New.
#6462-A, eff 2-21-97 (formerly Env-Wr 105.01);
ss by #8288, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8412, eff
8-20-05; ss by #10508, eff
1-22-14
CHAPTER
Env-Wr 200
PROCEDURES
PART
Env-Wr 201
PURPOSE AND
APPLICABILITY
Env-Wr 201.01 Purpose.
(a)
The rules in this chapter are intended to supplement Env-C 200 and RSA
541-A in governing proceedings before the department under RSA 482. These rules shall be construed to secure a
just and speedy determination of every proceeding.
(b)
The purpose of any proceeding governed by this chapter shall be to allow
the department to acquire sufficient information to make a reasonable decision,
and to afford persons who may be affected by decisions of the department the
opportunity to present evidence and argument to the department prior to the
making of that decision.
Source. #1644, eff 10-7-80; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; 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 #8413,
eff 8-20-05; ss by #10509, eff
1-22-14
Env-Wr
201.02 Applicability. These rules shall apply to all proceedings
initiated under RSA 482 relative to dams and lake level determinations.
Source. #1644, eff 10-7-80; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; 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 #8413,
eff 8-20-05; ss by #10509, eff
1-22-14
PART
Env-Wr 202
WAIVERS
Env-Wr
202.01 Purpose. The purpose of these waiver rules is to
accommodate situations in which strict compliance with all applicable
requirements specified in subtitle Env-Wr might not
be necessary or in the best interests of human life, public safety, or the
environment.
Source. #1644, eff 10-7-80; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; 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 #8413,
eff 8-20-05; ss by #10509, eff
1-22-14
Env-Wr
202.02 Applicability. These waiver rules shall apply to any person
who is or would be directly and adversely affected by the strict application of
these rules who wishes to request a waiver of the rule(s) or portion(s) thereof
which so affect that person.
Source. #1644, eff 10-7-80; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; 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 #8413,
eff 8-20-05; ss by #10509, eff
1-22-14
Env-Wr
202.03 Waiver Request.
(a)
The person requesting the waiver(s) shall submit the request to the
department in writing.
(b)
If the waiver is needed in conjunction with an application filed under
Env-Wr 400, the waiver request shall be submitted
with the application or as soon thereafter as the need for the waiver is
identified.
(c)
The waiver request shall contain the following information:
(1) A description of the dam to which the waiver
request relates, including name, address, and dam number;
(2) A citation to the specific
section(s) of the rules from which a waiver is sought;
(3) A complete explanation
of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule;
(4) A complete explanation of any proposed
alternative(s) to the rule(s) for which a waiver is sought, with appropriate
supporting information;
(5) Whether the need for the waiver is temporary
and, if so, the length of time the waiver is needed; and
(6) A complete explanation of how granting a
waiver would be consistent with the criteria specified in Env-Wr 202.04(a).
(d) The person
requesting the waiver(s) shall sign and date the request.
(e) The person’s
signature shall constitute certification that:
(1) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(2) The signer understands that any waiver
granted based on false, incomplete, or misleading information shall be subject
to revocation.
Source. #8413, eff 8-20-05; ss by #10509, eff 1-22-14
Env-Wr
202.04 Action on Waiver Request.
(a)
Subject
to (b), below, the department shall grant a waiver upon determining
that:
(1) Granting a
waiver will be consistent with the intent of RSA 482;
(2) Human life,
public safety, and the environment will be
protected; and
(3) Any benefit to
the public or the environment from strict compliance with the rule is
outweighed by the economic and operational consequences of strict compliance
with the rule.
(b)
No
waiver shall be granted of a requirement that is prescribed by statute,
unless a waiver is expressly allowed by the statute that would be waived.
(c)
The department shall issue a written decision on a request for a
waiver. If the request is denied, the
decision shall specify the reason(s) for the denial.
(d)
If the need for the waiver is temporary, the department shall identify
the expiration date of the waiver in its written decision.
(e)
If the department determines that conditions are necessary for the
criteria specified in (a), above, to be met, the department shall include such
conditions as are necessary in the waiver.
Source. #10509, eff 1-22-14
PART Env-Wr 203 PROCEEDINGS
Env-Wr
203.01 Public Hearings. Any hearing held to receive public comment
under the following statutory provisions shall be conducted in accordance with the
provisions of Env-C 200 applicable to non-adjudicative hearings:
(a)
RSA 482:6 relative to the management and control of the outlet of a
great pond;
(b)
RSA 482:9, V(a) relative to public benefit of a proposed significant
hazard or high hazard dam;
(c)
RSA 482:30 relative to public benefit of a dam proposed under RSA
482:29; and
(d)
RSA 482:79 relative to lake level determinations.
Source. #1644, eff 10-7-80; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; 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 #8413,
eff 8-20-05; ss by #10509, eff
1-22-14
Env-Wr
203.02 Permit Proceedings. The processing of an application for approval
to construct or reconstruct a dam shall be a non-adjudicative proceeding in
accordance with RSA 541-A:29, II(a).
Source. #8413, eff 8-20-05; ss by #10509, eff 1-22-14
PART Env-Wr
204 DECISION AND APPEALS
Env-Wr
204.01 Department Decisions.
(a)
All final department decisions under RSA 482 shall be issued in writing.
(b)
A final decision to grant a permit application shall be distributed as
follows:
(1) Subject to Env-Wr 404.02(b), the original shall be sent to the applicant;
and
(2) Copies shall be sent to all municipalities
that were notified of the application pursuant to Env-Wr
304.03 or Env-Wr 402.07.
(c)
A final decision to deny a permit application shall be distributed as
follows:
(1) The original shall be sent to the applicant;
and
(2) Copies shall be
sent to all municipalities that were notified of the application pursuant to
Env-Wr 304.03 or Env-Wr
402.07.
(d)
Copies of a final decision in a lake level investigation shall be sent
to:
(1) The owner of the dam that is the subject of
the order;
(2) The person(s) who requested the
investigation, if any;
(3) Each municipality in which the impounded
water is located; and
(4) Each person who participated in the
investigation who specifically requested to be notified of the decision.
(e)
Copies of an order issued pursuant to RSA 482:11 or RSA 482:12 shall be
sent to:
(1) The owner of the dam
that is the subject of the order; and
(2) Each municipality in which the impounded
water is located.
Source. #1644, eff 10-7-80; ss by #2207, eff 12-13-82;
ss by #2900, eff 11-7-84; ss by #4336, eff 11-5-87; ss by #5080, eff 2-22-91;
ss and moved by #6462-B, eff 2-21-97 (from Env-Wr
205.01); ss by #8285, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8413, eff
8-20-05; ss by #10509, eff 1-22-14
Env-Wr
204.02 Appeals. Appeals of department decisions under RSA 482
shall be directed to the water council
in accordance with RSA 21-O:14 and Env-WC 200.
Source. #1644, eff 10-7-80; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #5080, eff 2-22-91; ss and moved by
#6462-B, eff 2-21-97 (from Env-Wr 205.02); ss by
#8285, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8413, eff 8-20-05; ss by #10509, eff 1-22-14
CHAPTER Env-Wr 300 EXISTING DAMS
PART Env-Wr 301 PURPOSE AND
APPLICABILITY
Env-Wr
301.01 Purpose. The purpose of this chapter is to ensure that
existing dams are maintained in a manner so that public health, safety, and the
environment are protected.
Source. #4399, eff 4-19-88; 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
Env-Wr 301.02 Applicability.
(a) Subject
to (b), below, the requirements in this chapter shall apply to:
(1) Any
structure which qualifies as a dam in accordance with RSA 482:2, II; and
(2) Any roadway culvert
meeting the requirements of Env-Wr 301.03.
(b) The
requirements in this chapter shall apply to a dam regulated by the Federal
Energy Regulatory Commission (FERC) pursuant to the Federal Power Act, 16
U.S.C. Chapter 12, Subchapter I, only when they do not conflict with rules,
standards, protocols, licenses, certificates, or orders promulgated by the FERC
pursuant to that authority.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; amd by #4399, eff
4-19-88; 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
Env-Wr
301.03 Roadway Culverts. A roadway embankment whose culvert is set at
the natural streambed shall be considered a dam if during the 25 year storm:
(a)
The water surface elevation at the culvert inlet is 6 feet or more above
the water surface elevation at the culvert outlet; and
(b)
It impounds 2 acre-feet or more of water over the crown, or top, of the
culvert.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4399, eff 4-19-88; 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
PART
Env-Wr 302 DAM
INSPECTIONS; REPAIRS; ALTERNATIVES TO REPAIR
Env-Wr
302.01
Source. #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
Env-Wr
302.02
(a)
The department shall inspect dams in accordance with the following
frequency:
(1) Low hazard structures shall be inspected at
least once every 6 years;
(2) Significant hazard structures shall be
inspected at least once every 4 years;
(3) High hazard structures shall be inspected at
least once every 2 years; and
(4) Non-menace structures having a height of 25
feet or more or having a storage capacity of 50 acre-feet or more shall be
inspected at least once every 6 years.
(b)
An individual may request the department to inspect any dam by putting
such request in writing to the department.
(c)
The written request for inspection shall include:
(1) The location of the dam or water body on
which the dam is located;
(2) The name, mailing address, and daytime
telephone number of the owner, if known; and
(3) A statement explaining why the requestor
believes the dam should be inspected.
(d)
The department shall review the request and any other available
information on the dam. If the
department determines that public safety requires the dam to be inspected, the
department shall schedule an inspection of the dam.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss 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
Env-Wr
302.03 Repairs Required.
(a)
Subject to (c), below, if the department determines as a result of an
inspection that repairs or reconstruction to a dam are needed to maintain the
dam in a safe condition, it shall notify the owner in writing of such repairs
or reconstruction as are necessary and request the owner to undertake such
repairs within the time period specified in the notice.
(b)
If the owner does not undertake the needed repairs or reconstruction
within the time period indicated in a notice sent pursuant to (a), above, the
department shall proceed under RSA 482:12 to order the owner to undertake the
repairs or reconstruction.
(c)
The department shall not issue a request but instead shall directly
issue an order requiring repairs or reconstruction if:
(1) The condition of the dam poses an imminent
threat to public safety; or
(2) The owner of the dam has been non-responsive to
department requests relating to other compliance issues.
Source. #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
Env-Wr
302.04 Alternatives to Repairing or
Reconstructing a
(a)
In lieu of repairing or reconstructing a dam as required pursuant to
Env-Wr 302.03, the owner may:
(1) Remove the dam in accordance with Env-Wr 600; or
(2) Breach or modify the dam in accordance with
Env-Wr 302.05.
(b)
Such removal, breach, or modification shall be equivalent to complying
with the repair or reconstruction order.
Source. #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
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; and
e. 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.
Source. #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
Env-Wr
302.06 Notification to Public. After receiving approval pursuant to Env-Wr 302.05, the owner shall refrain from undertaking the
work until the requirements of RSA 482:13 relative to notice to municipalities
and hearing have been met.
Source.
#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
PART Env-Wr 303 REQUIREMENTS
FOR EXISTING DAMS
Env-Wr
303.01 Annual Registration Fee.
(a)
Pursuant to RSA 482:8-a, annual registration fees for dams in the amount
specified in RSA 482:8-a shall be payable to the department on January 1 of
each calendar year.
(b)
The department shall send a written notice, by October 31 of each year,
to each owner specifying the amount of the registration fee that shall be due.
(c) The department shall send a second notice to
each owner who fails to submit the annual registration fee by January 1. Such notice shall inform the owner that the
payment is overdue and that if the owner fails to submit the registration fee
within 10 days, the owner shall be subject to the penalties authorized by RSA
482:89.
(d)
Notices sent pursuant to (b) and (c), above, shall include whatever
information the department has relative to the tax map and lot number of the
dam and the volume and page number of the deed to the dam and to the property
on which the dam is located, if different.
At the time of paying the annual registration fee, the owner shall
confirm or, if necessary, provide or correct the information.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; amd by #4534, eff
11-10-88; 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
Env-Wr
303.02 Review of Hazard
Classification.
(a)
The department shall review the classification of a dam in conjunction
with any inspection conducted pursuant to Env-Wr
302.02.
(b)
If the department determines that a dam no longer meets the criteria of
the class to which it had been assigned, the department shall reassign the dam
to the proper classification.
(c)
Upon reassigning a dam to a different classification, the department
shall notify the owner in writing of:
(1) The new classification; and
(2) Any new requirements that might apply as a
result of the reclassification.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss 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
Env-Wr
303.03 Appeal of Classification.
(a)
If the owner disagrees with the department’s decision to reclassify a
dam’s hazard classification, the owner may request that the department
reconsider the decision.
(b)
To request reconsideration, the owner shall submit a written request to
the department that includes the following:
(1) The name, mailing address, and daytime
telephone number of the owner;
(2) The dam number assigned by the department, if
known, and if not known, the location of the dam by:
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; and
c. Name of the stream, river, or other water
body on which the dam is located, if applicable;
(3) The results of a dam breach analysis,
including routing of the flow downstream of the dam, completed in accordance
with Env-Wr 502; and
(4) An assessment of all structures potentially
impacted by a dam failure, including the depth of flooding at critical
structures or groups of structures.
(c)
If the department determines that the information requested in (b) is
insufficient to grant the requested reconsideration, the department shall:
(1) Deny the request; or
(2) If the department believes that a favorable
decision might be made if inundation mapping is provided, request the owner to
provide inundation mapping completed in accordance with Env-Wr
503.01.
(d)
The department shall notify the owner of its decision in writing within
60 days of receiving complete information.
Source. #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
Env-Wr
303.04
(a)
The owner of a low hazard, significant hazard, or high hazard dam, or
the owner’s designee, shall monitor the dam in accordance with this section.
(b)
The dam monitor shall:
(1) Be trained in the operation of the dam;
(2) Be trained to detect and assess conditions that
could affect the safety of the dam;
(3) Have authority from the owner to operate the
structure during emergency situations;
(4) For a significant hazard or high hazard dam,
be available at the dam within 2 hours at all times; and
(5) For a low hazard dam, be available at the dam
within 2 hours during periods of heavy precipitation, high water levels, or
receipt of notification of other events that could threaten the structural
integrity of the dam.
(c)
The owner of a low hazard, significant hazard, or high hazard dam shall
provide:
(1) A communication system between the monitor
and the local communities; and
(2) The means, materials, and equipment needed to
make emergency repairs to the structure.
(d)
The owner of a significant hazard or high hazard dam also shall provide
the training and equipment, including alternative power sources, necessary to
operate the structure.
Source. #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
Env-Wr
303.05 Operation and Maintenance Plan.
(a)
The owner of a low hazard, significant hazard, or high hazard dam shall
submit a written operation and maintenance plan for approval by the department.
(b)
The operation and maintenance plan shall:
(1) Describe the seasonal control of impoundment
levels;
(2) Describe regular maintenance activities; and
(3) Identify the name(s) and address(es) of the dam
monitor(s) required by Env-Wr 303.04 and any other
emergency contacts for operation of the dam that the owner wishes to designate.
(c)
The department shall approve the plan if:
(1) The information submitted addresses the items
specified in (b), above; and
(2) Compliance with the submitted plan will
result in a dam that will be operated safely during all flow conditions and not
become a dam in disrepair.
(d)
The owner shall update the operation and maintenance plan as necessary
and shall submit a written update to the department within 15 days of any
changes.
(e)
An owner that is required to complete an emergency action plan (“EAP”)
pursuant to Env-Wr 303.06 may incorporate the
operation and maintenance plan as an appendix to the EAP.
(f)
The owner shall operate and maintain the dam in accordance with the
approved operation and maintenance plan.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; amd by #4354, 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
Env-Wr
303.06 Emergency Action Plan Required.
(a)
As required by RSA 482:11-a, the owner shall develop an emergency action
plan (EAP) for any dam, the failure of which may threaten life or property.
(b)
The owner of a significant hazard or high hazard dam shall develop an
EAP in accordance with Env-Wr 500.
(c)
The operation and maintenance plan prepared by the owner of a low hazard
dam shall constitute the EAP for that dam.
Source. #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
Env-Wr
303.07
(a)
Pursuant to RSA 482:9, the owner shall not initiate, or authorize anyone
else to initiate, work on a dam which qualifies as reconstruction without first
obtaining a permit from the department pursuant to Env-Wr
400.
(b)
The owner may undertake repairs other than those qualifying as
reconstruction without prior department approval.
(c)
An owner wishing to perform a controlled breach or otherwise modify the
dam to lower the impoundment to a safe level shall proceed in accordance with
Env-Wr 302.05.
Source. #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; rpld
by #5080, eff 2-22-91
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
303.08 Transfer of Ownership.
(a)
The owner shall provide the information specified in (b), below, to any
prospective owner prior to transferring:
(1) Title to the dam; or
(2) If ownership of the dam is tied to ownership
of the property, the property on which the dam is located.
(b)
The owner shall provide the following information:
(1) The existence of the dam;
(2) The dam number assigned by the department;
and
(3) Any letters or orders issued by the
department relative to the condition of the dam.
(c)
Within 30 days of the transfer of ownership of a dam or the property on
which a dam is located, the new owner shall inform the department in writing of
the transfer of ownership by providing the following information:
(1) The name of the former owner;
(2) The dam number assigned by the department;
(3) The name, mailing address, and daytime
telephone number of the new owner;
(4) The tax map and lot number of the dam; and
(5) The volume and page number of the deed which
transferred ownership of the dam or the property on which the dam is located.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
303.09 Emergency Breach.
(a)
An owner may purposefully breach a dam without prior approval from the
department only when a threat to public safety or public health exists or
significant damage to public or private property is imminent.
(b)
The owner shall notify the department and the local police and fire
departments prior to performing an emergency breach, if possible.
(c)
If it is not possible to notify the department and local police and fire
departments prior to performing an emergency breach, the owner shall make such
notification as soon as reasonably possible, but never more than one hour after
the initiation of the emergency breach.
(d)
Within 30 days of performing an emergency breach, the owner shall submit
an application to the department:
(1) To reconstruct the dam in accordance with
Env-Wr 400, indicating whether the owner plans to
further modify or rebuild the dam; or
(2) To remove the dam in accordance with Env-Wr 600.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
303.10 Other Emergency Measures.
(a)
An owner may take measures which otherwise would require a permit to
reconstruct a dam, other than emergency breaches, when it is necessary to do so
in order to eliminate or reduce the risk of full or partial dam failure. Emergency repairs shall be limited to
temporary stabilization of the site or mitigation of the immediate threat.
(b)
The owner shall notify the department prior to taking such measures if
possible but never more than 24 hours after the initiation of necessary
repairs.
(c)
Within 48 hours of completing the emergency repairs, the owner shall
submit a written statement to the department that explains the nature of the
emergency and what corrective measures were taken.
(d)
Within 30 days of performing the emergency repairs, the owner shall
submit an application to the department to reconstruct a dam in accordance with
Env-Wr 400.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
303.11 Discharge Capacity.
(a)
All low hazard, significant hazard, or high hazard dams constructed
prior to February 19, 1981 shall pass the flows indicated below with one foot
of freeboard and without manual operations:
(1) Low hazard dams shall pass a 50-year flood,
or at the owner’s option, the site specific inflow design flood;
(2) Significant hazard dams shall pass the
100-year flood, or at the owner’s option, the site specific inflow design
flood; and
(3) High hazard dam shall pass 250% of the
100-year flood, or at the owner’s option, the site specific inflow design
flood.
(b)
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
303.12 Meeting Discharge Capacity
Requirements.
(a)
If a dam does not have adequate discharge capacity to pass the flood
specified in Env-Wr 303.11 with one foot of
freeboard, the owner shall submit a plan to the department to address the
deficiency.
(b)
The plan submitted pursuant to (a), above, shall:
(1) Specify the action to be taken, per (c),
below;
(2) Specify the proposed timeframe for taking the
action; and
(3) Include the results of hydrologic analyses
completed pursuant to Env-Wr 403.05, assessing the
floods and discharge capacity of the structure.
(c)
The plan shall specify which of the following actions the owner intends
to pursue:
(1) Increase the capacity of the dam to pass the
flood with one foot of freeboard and without manual operations;
(2) Submit a stability analysis to the department
showing that the dam is safe against sliding, overturning, or erosion by
overtopping, as applicable, during the specified flood, using the methods
outlined in “Engineering Guidelines for Evaluation of Hydropower Projects”
published by the Federal Energy Regulatory Commission (FERC), Chapter 3 dated
2002 and Chapter 4 dated 1991, available as noted in Appendix B;
(3) Stabilize the dam so that it is safe under
the specified flood conditions; or
(4) Modify the dam so that the hazard
classification is lowered and the dam passes the appropriate flow for the new
classification.
(d)
The department shall approve the plan if the department determines that:
(1) The proposed action will bring the dam into
compliance with Env-Wr 303.11;
(2) The work can be done in a way that will not:
a. Endanger life or property downstream of the
dam; or
b. Cause environmental losses that are not
reversible environmental losses; and
(3) The time frame for the work is reasonable
under the circumstances, including the risk posed by the deficiency, the
owner’s financial resources, and the timing of the work in relation to other
uses of the impounded water.
(e)
The department shall notify the owner in writing of its decision. If the plan is not approved, the notice shall
specify the reason(s) for the non-approval.
(f)
If work under the plan as approved constitutes reconstruction of the
dam, the owner shall submit an application in accordance with Env-Wr 400.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
303.13 Request for Time Extension.
(a)
An owner may request a time extension to comply with any directive of
the department issued pursuant to RSA 482:12.
(b)
The request shall be submitted in writing to the department with the
following information:
(1) The reason(s) why an extension is needed;
(2) The current status of the repairs or
investigations; and
(3) The length of time of extension requested.
(c)
The department shall grant the request for time extension if it
determines that:
(1) The owner has in good faith pursued the work
required by the directive;
(2) The owner is unable to complete the work
during the time period specified;
(3) The current condition of the dam is such that
it is not expected to fail under flow conditions anticipated during the
extension; and
(4) The condition of the dam will not deteriorate
so as to pose a threat to public safety under flow conditions anticipated
during the extension.
(d)
The department shall notify the owner of the decision on the request in
writing. If the department denies the
request, the department shall state the reason(s) for the denial.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr 304 NON-PERMITTED
EXISTING DAMS
Env-Wr
304.01 Application to Permit Existing
(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.
Source. #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
Env-Wr
304.02 Inspection. Within 30 days of receipt of the permit
application, the department shall inspect the dam and area affected by the dam
for conditions and factors affecting the hazard potential classification, and
determine whether repair or reconstruction of the dam is required for the
public safety.
Source. #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
Env-Wr
304.03 Notice to Municipality.
(a)
Pursuant to RSA 541-A:39, when the department receives an application to
permit a non-permitted dam, the department shall issue a notice to the
municipality in which the dam is located to invite the municipality to submit
data or information pertaining to the department’s assessment of the dam’s
potential hazard. If the department
receives such correspondence within 20 days of the town’s receipt of the
notice, it shall consider the information in issuing a permit.
(b)
For structures that are likely to be classified as significant hazard or
high hazard, the department shall notify the municipality in which the
structure is located and any municipalities which could be affected by a
failure of the structure of a public hearing to be held by the department in
the municipality in which the dam is located or in a municipality which could
be affected by a failure of the structure.
At the public hearing, the owner shall present information about the dam
and a draft emergency action plan, and the department shall receive comment
from the public.
Source. #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, 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
Env-Wr
304.04 Issuance of Permit. Subject to Env-Wr
304.05, the department shall issue a permit for the dam pursuant to RSA 482:5
if:
(a)
The application is complete, including all information required by Env-Wr 304.01;
(b)
The department has determined that the dam’s condition is such that it
does not pose an imminent threat to public safety; and
(c)
Issuance of the permit is consistent with RSA 482:1.
Source. #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, 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
Env-Wr
304.05 Limitations on Permit Issuance.
(a)
A permit for a significant hazard or high hazard non-permitted dam built
on or after July 25, 2000 shall be issued only if the dam meets the criteria
established in RSA 482:9, V.
(b)
A permit for a dam on a great pond shall be issued only in accordance
with RSA 482:6.
Source. #8414, eff 8-20-0; ss by #10510, eff 1-22-14
CHAPTER
Env-Wr 400
CONSTRUCTION OR RECONSTRUCTING A DAM
PART
Env-Wr 401 PURPOSE
AND APPLICABILITY
Env-Wr
401.01 Purpose. The purpose of this chapter is to implement
RSA 482:9 by specifying the procedures for applying for a permit to construct
or reconstruct a dam.
Source. #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 8-20-0; ss by #10510, eff 1-22-14
Env-Wr
401.02 Applicability.
(a)
Subject to (b), below, the requirements in this chapter shall apply to
any person who:
(1) Plans to construct or reconstruct a structure
that qualifies as a dam pursuant to Env-Wr 301.02; or
(2) Has taken emergency measures as specified in
Env-Wr 303.09 or Env-Wr
303.10.
(b)
The requirements in this chapter shall apply to a dam regulated by the
Federal Energy Regulatory Commission (FERC) pursuant to the Federal Power Act,
16 U.S.C. Chapter 12, Subchapter I, only when they do not conflict with rules,
standards, protocols, licenses, certificates, or orders promulgated by the FERC
pursuant to that authority.
Source. #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
PART Env-Wr 402 APPLICATION
PROCEDURES
Env-Wr
402.01 Application Filing.
(a)
An application to construct a dam shall be filed by the owner(s) of the
property on which the dam is proposed to be located.
(b)
An application to reconstruct a dam, including an application relative
to emergency measures pursuant to Env-Wr
401.02(a)(2), shall be filed by the owner(s) of the dam.
Source. #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
Env-Wr
402.02 Content of Application.
(a)
The applicant shall submit a completed “application to construct or
reconstruct a dam” form to the department.
(b)
The applicant shall provide the following information on or with the
form:
(1) The name, mailing address, and daytime
telephone number of each applicant;
(2) The volume and page number of the deed for
the property on which the dam is or is proposed to be located and, for an
existing dam that was conveyed separately from the property, the volume and
page number of the deed for the dam;
(3) The location of the existing or proposed dam
on the applicable USGS Quadrangle map;
(4) The city/town tax map number and lot number
for the property on which the dam is or is proposed to be located;
(5) The name of the stream, river, or other water
body on which the dam is or will be located, if applicable;
(6) The height and length of the existing or
proposed dam;
(7) The type and purpose of the existing or
proposed dam;
(8) A description of the type of existing or
proposed foundation material;
(9) The size of the drainage area, normal pond
area, maximum pond area, normal storage capacity, and maximum storage capacity
of the existing or proposed dam; and
(10) A plan and cross-section sketch of proposed
dam.
(c)
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.
(d)
All forms shall be printed in ink, or typed.
(e)
The owner shall sign the application and the statement required by
(c)(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)
Incomplete or improperly completed forms shall be returned by the
department to the applicant or applicants with a statement for the reason(s)
for the return and the additional information required.
Source. #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
Env-Wr
402.03 Statutory Requirements for
Certain
(a)
Pursuant to RSA 482:7, a new dam on a great pond shall not be
constructed without specific authorization from the legislature.
(b)
The department shall hold a public hearing pursuant to RSA 482:30 and
RSA 482:31 upon receipt of an application for construction or reconstruction of
dams falling within the scope of RSA 482:17.
(c)
The public hearing shall be conducted in accordance with the provisions
of Env-C 200 relative to non-adjudicative proceedings.
(d)
Pursuant to RSA 482:9, V, no permit to construct a significant hazard or
high hazard dam shall be issued unless the requirements of that section are
met.
Source. #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
Env-Wr
402.04 Notice to Owner.
(a)
Within 10 days of receipt of an application, the department shall
provide the owner with the following:
(1) The dam number;
(2) The date of receipt of the application; and
(3) A statement that construction
shall not commence until the department and all other appropriate state or
federal agencies have granted final approval.
(b)
Within 30 days of classification by the department, the department shall
provide the owner with the following:
(1) Design and construction requirements for the
particular structure depending upon classification;
(2) Specific information needed for design review
per Env-Wr 403 if the submitted design is lacking in
particular areas; and
(3) For significant hazard and high hazard
structures, notification that a permit will not be issued until a draft EAP has
been submitted to the department for review and a public hearing held by the
department in the community in which the dam is located.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
402.05 Classification Procedure.
(a)
The department shall review all new dam applications to classify the
structure in accordance with Env-Wr 101.21, Env-Wr 101.25, Env-Wr 102.28, and
Env-Wr 102.39.
(b)
If the owner disagrees with the department’s hazard classification, the
owner shall submit, for review by the department, the following:
(1) The results of a dam breach analysis
performed in accordance with Env-Wr 502.06;
(2) Breach routing in accordance with Env-Wr 502.07; and
(3) Inundation mapping in accordance with Env-Wr 503.01.
(c)
The owner of a proposed dam shall meet specific requirements relative to
design, construction, inspection and maintenance of the structure in accordance
with the applicable provisions of Env-Wr 403.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
402.06 Additional Information
Required. If the dam will be a low
hazard, significant hazard, or high hazard structure, the owner shall submit:
(a)
Plans and specifications which shall, at a minimum, include the
following:
(1) Scaled plan view;
(2) Scaled cross-sectional view of dam through
the outlet, showing elevations of inlet and outlet, watertight connections,
embankment material;
(3) Design of and cover treatment for embankment
slopes;
(4) Gradation analysis for all soils to be used
during construction;
(5) Compaction specifications in accordance with
Env-Wr 403.02(d) and (e);
(6) Construction sequence; and
(7) For reconstruction, the plans shall be of
sufficient detail to show the location of the proposed work in relation to the
entire dam; and
(b)
A written operation and maintenance plan, which:
(1) Describes the seasonal control of impoundment
levels;
(2) Describes regular maintenance activities; and
(3) Includes the name(s) and address(es) of the
dam monitor(s).
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
402.07 Notice to Municipality.
(a)
Subject to (b) and (c), below, when the department receives an
application to construct or reconstruct a dam, it shall issue a notice to the
municipality in which the proposed dam will be located pursuant to RSA
541-A:39, to inform the municipality of the location, height and size of the
impoundment of the proposed dam. The
municipality may submit data or information pertinent to the department’s
consideration of the application. If the
department receives such correspondence within 20 days of the town’s receipt of
the notice, it shall consider the information in issuing a permit to construct
or reconstruct the dam.
(b)
When the department receives an application to construct a significant
hazard or high hazard structure, the department shall send the notice to the
municipality and any municipalities which could be affected by a failure of the
dam, and shall include notice of a public hearing to be held by the department
in the municipality in which the dam is located or in a municipality that may
be affected by a failure of the dam. At
the public hearing, the owner shall present information about the dam and a
draft emergency action plan, and the department shall receive comment from the
public.
(c)
If the application is to construct a dam on a great pond, the department
shall send the notice to all municipalities in which the great pond is located.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr
403 SPECIFIC DESIGN REQUIREMENTS
Env-Wr
403.01 Purpose. The purpose of this part is to set forth the
minimum design requirements for all new dams and the minimum design
requirements for the specific work proposed for reconstruction of existing
dams.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
403.02 Minimum Design Requirements of
All
(a)
The embankment slopes shall be no steeper than 2.5 horizontal to 1
vertical unless a specific design for a steeper slope shows that the embankment
is stable and capable of being safely maintained;
(b)
The embankment top width shall be 6 feet or greater;
(c)
Any earthen spillway shall be constructed in natural ground;
(d)
Soil compaction specifications shall be shown on the plans; and
(e)
Pre-compacted lift thickness shall be compatible with the material and
equipment to be used, but no greater than 12 inches in depth.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
403.03 Additional Requirements Based
on Hazard Classification.
(a)
For the construction or reconstruction of a low hazard, significant
hazard, or high hazard dam:
(1) All final plans and design documents shall be
stamped by a professional engineer, licensed in the State of New Hampshire,
with a minimum of 5 years of engineering experience related to the design and
construction of similar dam projects, as determined by the department after a
review of the engineer’s resume;
(2) The project shall be inspected in accordance
with Env-Wr 405; and
(3) A construction inspection plan, prepared in
accordance with Env-Wr 405.04, shall accompany the
application for construction or reconstruction.
(b)
A design for construction of a new low hazard, significant hazard, or
high hazard dam, with the exception of dams impounding liquid industrial,
agricultural, or commercial wastes, or municipal sewage, shall be equipped with
a pond drain.
(c)
A design for construction of a significant hazard or high hazard dam
shall also include the following:
(1) The results of a stability analysis of the
structure for overturning, sliding, and slope failure, as applicable, including
factors of safety, using the methods outlined in “Engineering Guidelines for
Evaluation of Hydropower Projects” published by FERC, Chapter 3 dated 2002 and
Chapter 4 dated 1991, available as noted in Appendix B;
(2) The results of a seepage analysis;
(3) The results of subsurface explorations,
including, but not limited to borings and test pits; and
(4) A draft emergency action plan (EAP), or if an
EAP has already been approved, an updated EAP, in accordance with Env-Wr 500.
(d)
A design for reconstruction of a significant hazard or high hazard dam
shall include the items identified in (c), above, if the department determines
that the items are applicable based on the type of work to be done.
Source. #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; rpld by #6462-B, eff
2-21-97
New. #8414,
eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
403.04 Design Floods for New
(a)
A new dam shall be designed to safely pass the flows indicated below
without manual operation and with the freeboard requirements indicated:
(1) A non-menace structure shall pass the 50-year
flood or, at the owner’s option, the site-specific inflow design flood, with
one foot of freeboard or, at the owner’s option, freeboard equal to the effects
of maximum wave run-up;
(2) A low hazard structure shall pass the
100-year flood or, at the owner’s option, the site-specific inflow design
flood, with one foot of freeboard or, at the owner’s option, freeboard equal to
the effects of maximum wave run-up;
(3) A significant hazard structure shall pass ½
of the probable maximum flood (PMF) as determined using Hydrometeorological
Report No. 52 (HMR 52) from the National Oceanic and Atmospheric Administration
(NOAA), 1987, available as noted in Appendix B, or the site-specific inflow
design flood, with freeboard equal to the effects of maximum wave run-up; and
(4) A high hazard structure shall pass the PMF as
determined using HMR 52, 1987, available as noted in Appendix B, or the
site-specific inflow design flood, with freeboard equal to the effects of
maximum wave run-up;
(b)
Wave run-up calculations shall identify maximum wind speeds and fetch
limitations.
(c)
For a significant hazard or high hazard dam, and when the option is
applied for a non-menace or low hazard dam, the owner shall submit wave run-up
calculations with the application.
(d)
The owner shall submit the results of calculations performed for
hydrologic and hydraulic analyses pursuant to (a), above, and Env-Wr 403.05 with the application.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
403.05 Hydrologic Investigations.
(a)
Hydrologic investigations shall be performed on the entire contributing
drainage area.
(b)
Precipitation estimates for the design flood shall be obtained from:
(1) NRCC Research Publication RR 93-5, Atlas of
Precipitation Extremes for Northeastern United States and Southeastern Canada,
1993, available as noted in Appendix B; or
(2) U.S. Dept. of
Commerce, National Oceanic and Atmospheric Administration, Hydrometeorological
Report No. 51, Probable Maximum Precipitation Estimates, United States East of
the 105th
(c)
Hydrologic modeling for 50-year or 100-year storms shall incorporate the
following:
(1) The size of the drainage area;
(2) The shape of the drainage area;
(3) Antecedent moisture condition 2, as defined
in the USDA NRCS National Engineering Handbook, 210-VI-NEH-630.10, July 2004,
available as noted in Appendix B;
(4) Ground slopes;
(5) Soil types;
(6) Vegetation;
(7) Land use;
(8) Distribution of varying precipitation amounts
throughout the watershed; and
(9) Ponds, swamps, and other factors affecting
the amount and rate of runoff.
(d)
The storm duration used in the modeling shall exceed the time for water
to flow from the outermost point in the system to the subject location so as to
ensure that the total runoff volume will be included in the routing of the
storm through the dam structure.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
403.06 References for Hydraulic
Determinations.
(a)
Because the engineering science of hydraulics is documented in many
competent texts, most of which rely on the same basic concepts, relationships
and formulas, the designer may use any text, combination of texts, or related
computer software applications for the design analysis.
(b)
The department shall use one or more of the following texts in
evaluating the competence of the submitted design:
(1) “National Engineering Handbook, Section 5,
Hydraulics” by USDA NRCS, 1956, available as noted in Appendix B; or
(2) “Handbook of Hydraulics”, Seventh Edition,
1996, available as noted in Appendix B.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
403.07 Concrete Design Criteria.
(a)
Because the design of concrete structures is documented in many
competent texts, the designer may use any text, combination of texts or related
computer software applications.
(b)
The department shall use one or more of the following texts in
evaluating the competence of the submitted design:
(1) “Building Code Requirements for Structural
Concrete & Commentary,”
(2) “Design of Small
(3) “National Engineering Handbook, Section 6,
Structural Design”, USDA NRCS, 1980, available as noted in Appendix B.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
403.08 Steel Design Criteria.
(a)
Because the design of steel structures is documented in many competent
texts, the designer may use any text, combination of texts or related computer
software applications.
(b)
The department shall use one or more of the following texts in
evaluating the competence of the submitted design:
(1) “Steel Construction Manual” by the American
Institute of Steel Construction, Fourteenth Edition, 2011, available as noted
in Appendix B; or
(2) “National Engineering Handbook, Section 6,
Structural Design” USDA NRCS, 1980, available as noted in Appendix B.
Source. #8414, eff 8-20-0; ss by #10510, eff 1-22-14
Env-Wr
403.09 Timber Design Criteria.
(a)
Because the design of timber structures is documented in many competent
texts, the designer may use any text, combination of texts or related computer
software applications.
(b)
The department shall use one or more of the following texts in
evaluating the competence of the submitted design:
(1) “Timber Construction Manual” by the American
Institute of Timber Construction, Fourth Edition, dated 1994, available as
noted in Appendix B; or
(2) “National Engineering Handbook, Section 6,
Structural Design” USDA NRCS, 1980, available as noted in Appendix B.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
403.10 Earth Embankment Design
Criteria.
(a)
Because the design of earth embankments is documented in many competent
texts, the designer may use any text, combination of texts or related computer
software applications.
(b)
The department shall use one or more of the following texts in
evaluating the competence of the submitted design:
(1) USDA NRCS Earth
(2) “Design of Small
(3) ACER Technical Memorandum No. 9, “Guidelines
for Controlling Seepage Along Conduits Through Embankments” by the U.S.
Department of the Interior, Bureau of Reclamation, 1987, available as noted in
Appendix B; or
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr 404 ISSUANCE AND
CONDITIONS OF PERMITS
Env-Wr
404.01 Approval.
(a)
Subject to (b) through (d), below, the department shall approve an
application to construct or reconstruct a dam if:
(1) The requirements of Env-Wr
402 and Env-Wr 403 have been met; and
(2) Issuance of the permit is consistent with RSA
482:1 and any other applicable provisions of RSA 482.
(b)
If the proposed dam is a significant hazard or high hazard dam, the
application shall not be approved until:
(1) A final emergency action plan has been
completed and approved in accordance with Env-Wr 505;
and
(2) The department has determined that the dam
will serve a public benefit as required by RSA 482:9, V.
(c)
If the proposed dam is a new dam on a great pond, the application shall
not be approved until the owner has been granted authority by the legislature
to construct or reconstruct the dam.
(d)
If the dam is proposed under RSA 482:17, the application shall not be
approved until the department has determined after holding a non-adjudicative
hearing in accordance with the applicable provisions of Env-C 200 that it is in
the public benefit to grant the permit pursuant to RSA 482:31.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
404.02 Issuance and Recordation of
Permit/Registration.
(a)
Upon review and approval of the application, the department shall issue
a permit authorizing the construction or reconstruction. The permit shall include any restrictions, requirements
or disclaimers as specified in Env-Wr 404.03.
(b)
The department shall send the original permit to the registry of deeds
for the county in which the dam is located to be recorded.
(c)
The department shall send a copy of the permit to the owner at the time
of approval. The department shall send
the original permit to the owner upon receiving it back from the registry of
deeds.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
404.03 Conditions of Permit. The following conditions shall apply to all
permits to construct or reconstruct a dam:
(a)
The permit shall be valid for 2 years from the date of issuance;
(b)
Work under the permit shall be completed within 2 years unless the owner
has requested and received a time extension in accordance with Env-Wr 404.04;
(c)
All work on the dam shall comply with the approved plans and
specifications, subject to design changes approved and documented in accordance
with Env-Wr 404.05;
(d)
The construction engineer shall provide a final inspection report in
accordance with Env-Wr 405.08;
(e)
The construction engineer shall certify to the department that the work
was completed in accordance with the approved plans and specification and
design intent as required by Env-Wr 405.09;
(f)
Inspections shall be performed in accordance with the plan submitted
pursuant to Env-Wr 405.04;
(g)
At least 10 days prior to commencing work, the owner shall notify the
department by certified mail of the date that the work is expected to commence;
(h)
The owner shall notify the department upon completion of the work in
accordance with Env-Wr 405.11(a);
(i) If an emergency action plan is required, no
liquid shall be impounded until the EAP is approved by the department.
(j)
The owner shall maintain a current mailing address with the department;
(k)
The owner shall operate and maintain the structure in accordance with
the written operation and maintenance procedures submitted in accordance with
Env-Wr 402.06(b); and
(l)
The department shall include in the permit any other conditions
necessary to ensure protection of public safety that are based on the specific
design, site, and watershed.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-0; ss by
#10510, eff 1-22-14
Env-Wr
404.04 Time Extension. The department shall grant a 2-year time
extension to construct a dam if:
(a)
The owner requests the extension in writing prior to the permit’s
expiration date;
(b)
The hazard classification of the dam has not changed;
(c)
The approved plans meet current design requirements or can be amended to
meet current requirements as specified in Env-Wr
404.05; and
(d)
The site is stabilized and the condition of the project is such that
granting a time extension to complete the construction will not threaten human
life, public safety, or the environment.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
404.05 Design Changes.
(a)
No changes shall be made to the plans and specifications approved by the
department, either before or during construction, unless:
(1) The changes are approved by the design
engineer; and
(2) The changes are approved by the department in
writing.
(b)
To request a change, the owner or the owner’s designee shall submit a
request for the change in writing to the department, which shall include:
(1) The specific information regarding the
requested change; and
(2) The reason the change is being requested.
(c)
The department shall approve the change if the overall design as revised
would have been approved if it had been submitted originally.
(d)
The department shall notify the owner and the owner’s designee, if
applicable, of the decision on the request in writing. If the request is denied, the decision shall
state the reason(s) for the denial.
(e)
If time is of the essence, the department shall convey verbal approval
prior to issuing written approval.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
PART Env-Wr 405 DAM
CONSTRUCTION INSPECTIONS
Env-Wr
405.01 Purpose. The purpose of this part is to set forth the
requirements for dam construction inspections.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
405.02 Applicability. These rules shall apply to construction
inspections which are required during construction and reconstruction of a low
hazard, significant hazard, or high hazard dam pursuant to RSA 482:11.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
405.03 Construction Engineer.
(a)
Prior to any work on the dam starting, the owner shall engage a
construction engineer to ensure compliance with approved plans and
specifications.
(b)
The construction engineer shall have a minimum of 5 years of engineering
experience related to construction inspection or design of similar dam
construction projects.
(c)
The owner shall submit the construction engineer’s resume of related
construction inspection or design experience to the department for review and
approval. Department approval shall be
based upon satisfaction of the criterion of (b), above.
(d)
The construction engineer shall have ultimate responsibility for:
(1) The accurate completion of all inspection
tasks; and
(2) Compliance with approved plans and
specifications.
(e)
The construction engineer may assign some inspection tasks to a
duly-authorized agent provided that the agent’s inspection tasks are explicitly
identified in the construction inspection plan described in submitted pursuant
to Env-Wr 405.04.
(f)
Prior to any work on the dam starting, the construction engineer shall
sign, date, and submit to the department a completed acknowledgement form
provided by the department, as specified in (g), below.
(g)
The construction engineer shall provide the following on the
acknowledgement form:
(1) The name and address of the owner of the dam;
(2) The name of the dam and the dam’s location,
by town;
(3) The dam number assigned by the department;
(4) The construction engineer’s name and
professional engineer’s license number;
(5) The name and professional engineer’s license
number of the design engineer;
(6) The date of the plans, specifications, supporting
assumptions, and calculations reviewed by the construction engineer; and
(7) A certification that he or she has reviewed
the plans, specifications, supporting assumptions, and calculations, and
understands the design and the intent of the design.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
405.04 Inspections During
Construction or Reconstruction.
(a)
Prior to any work on the dam starting, the owner shall submit a written
inspection plan to the department.
(b)
The plan required by (a) above shall contain detailed information
relative, but not limited, to the following:
(1) Which activities shall be monitored and by
whom;
(2) Field tests to be performed and the frequency
of testing;
(3) Material testing requirements; and
(4) Documentation and reporting requirements,
including inspection reports and construction progress photographs.
(c)
The department shall approve the plan if it determines that the plan is
adequate to ensure that the dam will be constructed or reconstructed in
accordance with the approved plans and specifications.
(d)
The department shall inform the owner of its decision on the plan in
writing. If the plan is not approved,
the decision shall state the reason(s) for the non-approval.
(e)
Inspections during construction or reconstruction shall be performed in
accordance with the approved plan.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
405.05 Work Items to be Inspected. The construction engineer shall inspect,
document, and photograph the following work items:
(a)
Excavation and sub-grade preparation;
(b)
Pipe placement;
(c)
Placement of graded aggregate drain materials;
(d)
Earthfill;
(e)
Cut-off construction;
(f)
Steel placement;
(g)
Final grading; and
(h)
Pouring of concrete.
Source. #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; rpld by #6462-B, eff
2-21-97
New. #8414,
eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
405.06 Inspection Frequency. The frequency of inspections for construction
and reconstruction projects shall be as follows:
(a)
Low hazard dam inspections shall be as frequent as needed to ensure
compliance with approved plans and specifications; and
(b)
Significant hazard and high hazard dam inspections shall be conducted
continuously by on-site inspectors unless specifically exempted by the approved
inspection plan for particular items of work.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
405.07 No Design Changes Without
Prior Approval. No changes from the
approved plans and specifications shall be implemented unless the change is
approved in accordance with Env-Wr 404.05.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
405.08 Final Inspection Report.
(a)
The construction engineer shall submit an inspection report to the
department within 30 days of the completion of the project.
(b)
The report shall include:
(1) A copy of all test results;
(2) The construction engineer’s observations of
the work items specified in Env-Wr 405.05;
(3) Representative construction progress
photographs;
(4) Documentation of department-approved changes
in design;
(5) Documentation and results of all construction
inspections, including photographs;
(6) Foundation conditions observed during
excavation; and
(7) Any other data pertinent to determining the
integrity of the structure.
Source. #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; rpld by #6462-B, eff
2-21-97
New.
#8414, eff 8-20-05; ss by
#10510, eff 1-22-14
Env-Wr
405.09 Affidavit of Compliance. Within 10 days of completing the project, the
construction engineer shall provide the department with an affidavit of
compliance indicating that the construction or reconstruction was completed in
accordance with approved plans, specifications, and the intent of the design,
including any design changes approved in accordance with Env-Wr 404.05.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
405.10 As-built Drawings. The construction engineer shall submit
as-built drawings of the project to the department within 180 days of
submitting the affidavit of compliance.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
405.11 Requirements Prior to
Impounding.
(a)
The owner shall notify the department in writing upon the completion of
construction or reconstruction of any low hazard, significant hazard, or high
hazard dam and prior to filling the reservoir.
The notice shall include the dam number and the location of the dam.
(b)
Within 10 working days of receipt of notice from the owner, the
department shall perform a final visual inspection with the reservoir drained.
(c)
The department shall either authorize filling of the reservoir by
issuance of a certificate of approval or order remedial action for
noncompliance with the approved plans and specifications.
(d)
No person shall close gates or take other actions that cause the dam to
impound water until the owner is authorized by the department in writing to
fill the reservoir.
(e)
The department shall authorize the owner to fill the reservoir only
after the department:
(1) Determines that the construction was
completed in accordance with the approved plans and specifications;
(2) Performs a final visual inspection of the
dam;
(3) Approves the emergency action plan; and
(4) Receives the construction engineer’s final
inspection report and affidavit of compliance.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
CHAPTER Env-Wr 500 EMERGENCY
ACTION PLANS
PART Env-Wr 501 PURPOSE AND APPLICABILITY
Env-Wr
501.01 Purpose and Applicability.
(a)
The purpose of the rules in this chapter is to establish the
requirements for an emergency action plan (EAP), whose purpose is to assist
emergency responders in the event of a specific dam failure by:
(1) Delineating the area which could be affected;
(2) Providing notification procedures; and
(3) Identifying the responsibilities of
individuals or agencies in a response.
(b)
The owner shall prepare an EAP in accordance with these rules for:
(1) Any high hazard dam; and
(2) Any significant hazard dam, unless:
a. The dam is classified as a significant hazard
structure only because it impounds a public water supply and the owner has
submitted to the department an emergency plan for a community water system
pursuant to Env-Ws 360.15 or successor rule Env-Dw 503.21; or
b. The dam is classified as a significant hazard
structure only because it impounds liquid industrial, agricultural, or
commercial waste, septage, sewage, or contaminated sediments and the owner
maintains a list of emergency contact numbers as a condition of the dam’s
permit under RSA 485-A or RSA 485-C.
(c)
EAPs for dams subject to the jurisdiction of the Federal Energy
Regulatory Commission (FERC) shall be prepared in accordance with FERC
requirements and filed with the department.
(d)
EAPs for the following U.S. Army Corps of Engineers (USACE) dams shall
be prepared in accordance with USACE requirements and filed with the
department:
(1)
(2) Blackwater
(3) Hopkinton-Everett
(4) Edward MacDowell
(5) Otter Brook
(6)
Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82;
ss by #2900, eff 11-7-84; ss 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
PART Env-Wr 502 BREACH ANALYSIS
Env-Wr
502.01 When Required. Unless exempted pursuant to Env-Wr 502.02, prior to preparing an EAP the owner shall have a
dam breach analysis performed in accordance with this part.
Source. #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
Env-Wr
502.02 Exemption from Breach Analysis.
(a)
Subject to Env-Wr 502.03, an owner shall be
exempted from the development of a breach analysis if the department determines
that the hazard classification is based solely on the potential damage to one
or more isolated and easily identified bridges, roadways, or other structures
located below the dam, and no other damages will result from a dam breach.
(b)
If this exemption applies to a dam, department shall:
(1) Notify the owner in writing of the exemption;
and
(2) Inform the owner of the exact structures to
be delineated on a simplified inundation map, as required by Env-Wr 503.02.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss 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
Env-Wr
502.03 Repeal of Breach Analysis
Exemption.
(a)
If downstream developments change such that additional bridges,
roadways, or other structures would be affected by a dam failure and these
structures are not isolated and easily identifiable, the department shall
notify the owner in writing that a dam breach analysis, as described in Env-Wr 502.06, shall be required due to the new developments
downstream of the dam.
(b)
Within 90 days of notification pursuant to (a), above, the owner shall:
(1) Complete a breach analysis in accordance with
this part; and
(2) Produce and distribute an inundation map in
accordance with Env-Wr 503.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss 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
Env-Wr
502.04 Expansion of Study Area.
(a)
If after approving a breach analysis the department determines that
downstream development has changed such that new structures would be affected
by a dam failure and the threat to these structures is not easily identifiable,
the department shall notify the owner in writing that the scope of the dam
breach analysis previously performed must be expanded
(b)
Within 90 days of notification pursuant to (a), above, the owner shall:
(1) Expand the scope of the previously-approved
breach analysis to include the newly developed area(s); and
(2) Produce an amended inundation map and
distribute it to all EAP holders
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; amd by #4580, eff
2-27-89; 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
Env-Wr
502.05 Breach Analysis Required Due
to Reconstruction. The owner shall
complete a new or revised breach analysis, as applicable, to ascertain the
impacts of a dam failure if:
(a)
The dam is reconstructed, resulting in a larger or higher impoundment;
or
(b) A change in the discharge capacity would
result in reducing or increasing the effects of a dam failure.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
502.06 Specific Requirements and
Breach Parameters.
(a)
The dam breach analysis shall be performed under the direction of and
stamped by a professional engineer licensed in
(b)
The breach parameters shall be in accordance with Table 5.1 and Figure
5.1 below, unless the department approves the use of other parameters pursuant
to (c), below:
Table 5.1
PARAMETER |
TYPE OF DAM |
VALUE |
Average Width of
Breach (BR) |
Arch |
BR = Crest
Length |
Masonry, Gravity |
BR = Width of
one or more monoliths, usually BR ≤0.5 W |
|
Earth, Rockfill,
Timber Crib |
HD ≤ BR ≤
5HD (usually between
2HD and 4HD) |
|
Horizontal
Component of Side Slope of Breach (Z) |
Arch |
0 ≤ Z ≤
slope of valley walls |
Masonry, Gravity |
Z = 0 |
|
Earth, Rockfill,
Timber Crib |
1/4 ≤ Z ≤
1 |
|
Time to Failure
( |
Arch |
|
Masonry, Gravity |
0.1 ≤ |
|
Earthen
(Engineered, Compacted) Timber Crib |
0.1 ≤ |
|
Earthen
(Non-Engineered, Poor Construction) |
0.1 ≤ |
(c)
The department shall allow use of different parameters due to specific
dam or site conditions, if the applicant requests to use different parameters
and demonstrates by clear and convincing evidence that the use of the
alternative parameters would result in an accurate model and would not
underestimate the effects of a dam failure.
(d)
A dam breach flow shall be routed together with each of the following
base flows:
(1) The sunny day flow as defined in Env-Wr 101; and
(2) The 100-year flood flow.
(e)
The breach flow together with the base flows in (d), above, shall:
(1) Be routed downstream of the dam; and
(2) Include provisions to identify the number of
hours or minutes from the start of a failure to the time when the river
initially starts to rise and the time to reach peak stage.
(f)
Peak flow velocities also shall be determined and shown on the
inundation map for critical stations such as road crossings and populated areas
below the dam.
(g)
The routing shall continue downstream until:
(1) The point at which the water surface
elevation due to dam failure is no more than 2 feet above the non-failure
conditions in areas of potential threat to life and major property damage; or
(2) A point upstream of the point determined
pursuant to (1), above, if the owner shows that there is no longer a threat to
public safety beyond that point.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
502.07 Breach Routing Methods.
(a)
The owner shall use one of the following routing methods for dam breach
analysis:
(1) Methods and procedures used by the United States
Department of Agriculture, Natural Resources Conservation Service in:
a. Technical Release T.R. 66 “Simplified
b. Computer Program for Project Formulation
Hydrology, T.R. 20, 1992, available as noted in Appendix B; and
c. WSP 2 Computer Program, T.R. 61, 1993,
available as noted in Appendix B, which shall be used in conjunction with each
other;
(2) Methods and procedures using the National
Weather Service
(3) Methods and procedures for dam breach
simulation and routing developed by the U.S. Army Corps of Engineers’
(b)
An owner wishing to use other techniques for breach routing shall submit
a written request for approval of the technique to the department for each
particular site prior to using the technique.
The request shall contain a description of the technique, including how
the technique addresses the parameters addressed by the techniques identified
in (a), above.
(c)
If the department determines that the technique can be correctly applied
to the hydrologic and topographic conditions of the dam and downstream area,
within the limitations and capabilities of the modeling technique, and that it
will provide the detailed information required by these rules, the department
shall approve the technique for use on that site and shall so notify the owner
in writing.
(d)
The department shall not require previously-approved dam breach analyses
that were completed using methods other than those specified in (a), above, to
be reassessed using those methods, provided, however, that if an expansion of
the breach analysis is required pursuant to Env-Wr
502.04, the owner shall use a technique specified in (a) or approved pursuant
to (b) and (c), above.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
502.08 Downstream Dams.
(a)
When there are dams downstream located within the study area as
determined by Env-Wr 502.06(g), the owner shall
evaluate the effect of the breach flow on these dams.
(b)
If a downstream dam would not be overtopped, no stability analysis of
this structure shall be required.
(c)
If a downstream dam would be overtopped by failure of the subject dam,
the owner shall:
(1) Include the downstream dam’s failure in the
breach model; or
(2) Submit to the department the results of a
stability analysis for overturning and sliding or slope failure, as applicable,
including factors of safety, on the downstream dam.
(d)
If the stability analysis performed pursuant to (c)(2), above, indicates
that a downstream dam is unstable during overtopping, the owner shall include
the failure of the downstream dam in the breach model.
(e)
If the stability analysis performed pursuant to (c)(2), above, indicates
that a downstream dam is stable, its failure shall not be required to be
modeled in the dam breach analysis.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
502.09 Review of Breach Analysis by
Department.
(a)
The owner shall submit the following to the department for review:
(1) Structural and hydraulic breach assumptions
and base flow criteria;
(2) Methods for determining base flows;
(3) Structural stability analyses of downstream
dams, if applicable; and
(4) Summary of the results of the breach
analysis.
(b)
The owner shall submit inundation maps prepared in accordance with Env-Wr 503 for review, by submitting draft inundation maps with
the information listed in (a), above, or after receiving approval of the breach
analysis.
(c)
If the information submitted pursuant to (a), above, is incomplete or
the dam failure is incorrectly modeled, the department shall, within 60 days of
receipt of the information, notify the owner in writing of the items which need
to be addressed and the deadline for submittal of the amended analysis, which
shall be 60 days from the date of the notice.
(d)
If the information submitted pursuant to (a), above, is complete and
failure is correctly modeled, the department shall, within 60 days of receipt
of the submitted information:
(1) Determine whether the sunny day failure or the
100-year flood failure represents the most critical threat to the downstream
community; and
(2) Notify the owner in writing of which failure
scenario to use in the mapping.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr 503 INUNDATION MAPPING
Env-Wr
503.01 Inundation Map Requirements.
(a)
The owner shall produce an inundation map to provide the local emergency
responders with a tool for planning evacuation procedures.
(b)
The inundation map shall delineate the area impacted by a potential dam
failure, as determined by the breach analysis required by Env-Wr 502.
(c)
The inundation map shall meet the following criteria:
(1) The map shall be at a scale of 1:2,000 or of
greater detail;
(2) Residences, commercial, and industrial
structures or clusters of structures, when located in close proximity to each
other, within the inundation area shall be shown on the most recent USGS
topographic mapping, supplemented by locations derived from aerial photography
available on the
(3) Roads within the inundation area and within
at least 0.5 mile from the exterior boundary of the inundation area shall be
shown;
(4) The time for the flood wave to reach critical
areas, including those outlined in (2) and (3), above, including time to rise
and time to peak shall be shown;
(5) Peak flood wave velocities at critical areas
shall be shown;
(6) Peak flood wave depths shall be shown;
(7) Political boundaries shall be shown;
(8) The map shall indicate whether the inundation
area represents a sunny day failure or a storm day failure scenario; and
(9) The date on which the map was prepared shall
be included on the map.
(d)
If the inundation map consists of 3 or more pages, the owner shall
provide an
index map which clearly directs the user to the appropriate map for a given
area.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; rpld by #4534,
eff 11-30-88
New.
#6462-B, eff 2-21-97 (from Env-Wr 504.01); ss
by #8285, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8414, eff 8-20-04; ss by #10510, eff 1-22-14
Env-Wr
503.02 Simplified Inundation Map.
(a)
An owner who has been exempted from the requirement of a breach analysis
pursuant to Env-Wr 502.02 shall submit a simplified
inundation map.
(b)
The simplified inundation map shall include the elements specified in
Env-Wr 503.01(a), (c)(1) - (3), and (8).
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
503.03 Department Review.
(a)
The owner shall submit the inundation map to the department for review
and approval prior to incorporating it into the emergency action plan.
(b)
The department shall inform the owner in writing within 60 days of
receipt whether the inundation map is approved or what changes are necessary.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr 504 COORDINATION WITH LOCAL COMMUNITIES
Env-Wr
504.01 Communications with Community(ies).
(a)
Prior to finalizing the EAP, the owner shall supply all local community(ies) located within the inundation area with an inundation
map to assist them in determining their response to a potential dam failure.
(b)
The owner shall discuss with the local emergency management director, or at the
emergency management director’s discretion, the local fire department or police
department, to determine which individuals or agencies shall be notified
during an actual or impending emergency condition at the dam. These discussions shall be held with the
appropriate personnel in each of the towns which could be impacted, as shown on
the inundation map. If a municipality
has not designated an emergency management director, the owner shall meet with
the local governing body.
Source. #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 and moved by #6462-B, eff 2-21-97 (from Env-Wr 505.01); 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
Env-Wr
504.02 Acknowledgment of EAP by Local
Community(ies).
(a)
The owner shall request that each affected community in the inundation
area sign a form acknowledging its role in the EAP.
(b)
If a community refuses to provide such statement, the owner shall notify
the department certifying that a copy of the draft EAP has been delivered to
the community.
Source. #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 and moved by #6462-B, eff 2-21-97 (from Env-Wr 505.02); 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
PART Env-Wr 505 PREPARATION AND FORMAT OF EAP DOCUMENT
Env-Wr
505.01 Submittal of Draft EAP.
(a)
The owner shall submit a copy of the draft EAP prepared pursuant to Env-Wr 505.02 to the department for review. The draft may be submitted as unbound pages.
(b)
The department shall review the document for compliance with this
chapter. Within 60 days of submittal,
the department shall notify the owner in writing of its approval of the EAP or
of any inadequacies.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; amd by #4580, eff
2-27-89; ss by #5080, eff 2-22-91; ss and moved by #6462-B, eff 2-21-97
(formerly Env-Wr 506.01); 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
Env-Wr
505.02 Format of the EAP.
(a)
The format of the EAP shall be 8½ x 11 loose-leaf paper in a 3-ring
binder to allow for ease of supplementation and revision as required.
(b)
The content of the EAP shall be standardized as follows:
(1) Table of Contents;
(2) Section 1,
Notification flow-chart;
(3) Section 2,
Responsibilities under the EAP;
(4) Section 3,
Notification checklists;
(5) Section 4,
Preventive action; and
(6) Appendices, including:
a. Appendix A,
b. Appendix B,
Summary of breach analysis;
c. Appendix C, Inundation map;
d. Appendix D, Monitor training and testing
procedures;
e. Appendix E, Local evacuation procedure;
f. Appendix F, List of EAP holders; and
g. Appendix G, Documentation.
(c)
The required contents of each section or appendix shall include the
information identified in Env-Wr 505.03 through Env-Wr 505.12, as applicable.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4452, eff 8-1-88; amd by #4580, eff 2-27-89; ss by #5080, eff 2-22-91; ss and
moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.02); 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
Env-Wr
505.03 Notification Flow-chart.
(a)
Section 1 of the EAP shall be a chart identifying the individuals and
local and state government agencies to be notified during a potential or actual
emergency condition at the dam.
(b)
The notification flow-chart shall be developed in accordance with local
and state emergency responders and shall conform with the community’s current
notification protocol.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.03); 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
Env-Wr
505.04 Responsibilities. Section 2 of the EAP shall describe the roles
and responsibilities of each individual and local or state government agency in
an emergency response.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.04); 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
Env-Wr
505.05 Notification Checklists.
(a)
Section 3 of the EAP shall include a notification checklist for each
individual and local or state government agency responsible for making calls
during an emergency situation or during a test of the EAP.
(b)
The notification checklist shall include a table to be filled in by the
participating individual or agency making notifications, including the name(s)
of the agency(ies) or individual(s) to be contacted
and the time at which the contact was made.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.05); 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
Env-Wr
505.06 Preventive Action. Section 4 of the EAP shall:
(a)
Indicate actions which the monitor shall take to correct a malfunction
of the dam;
(b)
Identify the means, materials, and equipment needed to make emergency
repairs to the structure;
(c)
Identify the necessary training and equipment, including alternative
power sources, to operate the structure; and
(d)
Include a list of preventive and mitigative action measures to be
undertaken during emergency situations.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.06); 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
Env-Wr
505.07
(a)
The height and length of the dam, in feet;
(b)
The normal and maximum surface area of the impoundment, in acres;
(c)
The normal and maximum volume of the impoundment, in acre-feet;
(d)
The size of the drainage area, in square miles; and
(e)
A description of all outlet works, including the length of the spillway
and a description of any gates.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.07); 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
Env-Wr
505.08 Impact of Breach. Appendix B of the EAP shall be a summary of
the breach analysis, written so as to be easily understood during an actual
emergency, in order to provide local emergency responders with a brief
description of the areas downstream of the dam which would be affected by a dam
failure.
Source. #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.08); 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
Env-Wr
505.09
(a)
The following information regarding the monitor(s) required by Env-Wr 303.04:
(1) Name, address and home and business telephone
numbers;
(2) Type of training provided by owner; and
(3) Type of communication system between dam and
local community; and
(b)
The following information regarding EAP testing:
(1) A narrative describing the testing
procedures, as outlined in Env-Wr 507.01;
(2) A summary of the responsibilities of the
owner and the roles of any individuals or state or local agencies involved in
the testing; and
(3) The name and mailing address of the person
responsible for collecting the notification checklists after testing or after
an actual emergency condition.
Source. #1716, eff 2-20-81; ss by #2207, eff
12-13-82; ss by #2900, eff 11-7-84; ss by #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (formerly Env-Wr
506.09); 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
Env-Wr
505.10 Local Evacuation Procedure and
Recovery. Appendix E shall include
any evacuation and recovery plans developed by the community(ies). If the
community(ies) have not developed such plans, the
owner shall so indicate in this appendix.
Source. #4534, eff 11-30-88; ss by #5080, eff
2-22-91; ss and moved by #6462-B, eff 2-21-97 (from Env-Wr
506.10); 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
Env-Wr
505.11 List of Official EAP Holders. Appendix F shall be a listing of all
individuals and local and state agencies holding official copies of the EAP, as
follows:
(a)
The mailing addresses and telephone numbers of the local emergency
responders, including police and fire departments in accordance with the town’s
procedures;
(b)
The mailing addresses and telephone numbers of dispatchers for local
emergency responders;
(c)
The mailing addresses and telephone numbers of the local emergency
management director(s);
(d)
The telephone number of the contact person at the
(e)
The telephone number of the contact person at the department’s division
of water;
(f)
The telephone number of the contact person at the
(g)
The names, mailing addresses, and telephone numbers of the owners of
downstream dams that would be affected by a dam breach;
(h)
The telephone number of the contact person at the
(i) If state roads would be impacted by a dam
failure, the name and telephone number of the contact person at the appropriate
(j)
The telephone number of the contact person at the
Source. #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 and moved by #6462-B, eff 2-21-97
(formerly Env-Wr 506.11); 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
Env-Wr
505.12 Documentation. Appendix G shall include copies of signed acknowledgement
forms, as described in Env-Wr 504.02, and any
correspondence relative to the EAP’s development.
Source. #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 and moved by #6462-B, eff 2-21-97
(formerly Env-Wr
506.12); 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
PART Env-Wr 506 FINAL DISTRIBUTION; PUBLIC NOTICE
Env-Wr
506.01 EAP Distribution. Upon receiving department approval of the
draft EAP pursuant to Env-Wr 505.01, the owner shall
distribute the EAP to local and state emergency response personnel who have
responsibilities for implementing the EAP, as listed in Env-Wr
505.11.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
506.02 Public Notice. If the local community(ies)
request information relative to the EAP to be given to the general public, the
owner shall provide such information either by mail to all residential,
industrial, and commercial buildings within the inundation area or by holding
an informal meeting at a location near the dam or the inundation area.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr 507 TESTING AND UPDATING PROCEDURES
Env-Wr
507.01 Notification Test.
(a)
The owner shall conduct a test of the emergency communication network
within one month of approval of the EAP and every 2 years thereafter for a high
hazard dam and every 4 years thereafter for a significant hazard dam.
(b)
The test shall consist of the owner making the primary contact as shown
on the flow-chart and indicating that a required test of the EAP is being
conducted.
(c)
The owner shall request each individual or agency contacted during the
test to execute its duties relative to the notification flow-chart, complete
the checklists, and return the checklists to the owner.
(d)
Within 30 days of conducting the test, the owner shall inform the
department of the results of the test, indicating the time it took each
individual and agency to make their notifications and whether miscommunications
occurred.
(e)
The owner shall provide records of communication for each individual and
agency, including time of contact and person contacted, if the notifications
were not made within a 15-minute time period.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
507.02 EAP Review and Changes.
(a)
If the owner becomes aware of any changes necessary to the notification
flow-chart, either as a result of the notification test or by other means, the
owner shall:
(1) Make the changes to the notification
flow-chart and in other portions of the EAP as necessary; and
(2) Distribute updated pages to all holders of
the EAP.
(b)
The owner shall review the entire EAP annually to ensure the accuracy of
the notification flow-chart and inundation areas.
(c)
If development has occurred within the inundation area, the owner shall:
(1) Revise the inundation map to show the new
development; and
(2) Distribute the updated map to all holders of
the EAP.
(d)
The owner shall submit written documentation to the department that the
annual review of the EAP was performed, by providing one of the following:
(1) A statement that the EAP was reviewed and
that no changes to the EAP were necessary; or
(2) Any applicable sections of the EAP which
required revision.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
507.03 Reprinting of EAP.
(a)
The owner shall reprint the entire EAP document and distribute the pages
to all holders of the EAP every 8 years, to ensure that all holders have
complete and orderly copies, unless:
(1) No changes have been required; or
(2) Changes have been made only to the
notification flow-chart, and copies of the updated flow-chart have been
distributed to all EAP holders.
(b)
When a reprint of the EAP is required, the owner shall:
(1) Send the reprint return receipt requested; or
(2) Include forms with the mailing to be signed
by the EAP holders and returned to the owner, indicating that a copy of the
reprinted EAP was received.
(c)
If there have been no changes to the inundation map since the last
reprint of the EAP and the owner does not include an inundation map in the
mailing, the owner shall:
(1) Specify the date of the current inundation
map; and
(2) Include a check-off item on the form required
by (b), above, indicating the EAP holder has a copy of the current inundation
map.
(d)
If an EAP holder does not have the current inundation map, the owner
shall provide a copy of the map to the EAP holder upon being so notified by the
EAP holder.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
CHAPTER
Env-Wr 600 REMOVAL
OF DAMS
PART
Env-Wr 601
PURPOSE AND APPLICABILITY
Env-Wr
601.01 Purpose. The purpose of the rules in this chapter is
to specify the procedures to be followed when proposing to remove a dam under
the auspices of the department’s river restoration program and the criteria
that will be applied in reviewing such proposals.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
601.02 Applicability. The requirements of this part shall apply to
any person who seeks to remove a dam under the auspices of the department’s
river restoration program.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART
Env-Wr 602 DAM
REMOVAL PROPOSALS
Env-Wr
602.01 Qualifying Removals.
(a)
In order to qualify as a dam removal under this chapter, the structure
shall be removed:
(1) To at least the depth of the natural
streambed elevation; and
(2) Subject to (b) and (c), below, to the width
of the free-flowing ordinary high water mark of the river or stream in the area
of the footprint of the dam from bank to bank.
(b)
The person seeking to remove a dam pursuant to this chapter may request
the department to approve a narrower opening by submitting the request in
writing with the following:
(1) The width of the free-flowing ordinary high
water mark of the river or stream in the area of the footprint of the dam from
bank to bank, in feet;
(2) The width of the proposed opening, in feet,
at:
a. The natural streambed elevation;
b. The ordinary high water mark; and
c. The widest point of the opening, if other
than the natural streambed elevation or ordinary high water mark;
(3) The shape of the proposed opening; and
(4) An explanation of how the narrower opening
will meet the criteria specified in (c), below.
(c)
The department shall approve the request for a narrower opening if the
department determines that:
(1) The structure will no longer be considered a
dam as defined in RSA 482:2, II;
(2) The remains of the dam between the ordinary
high water marks on both sides of the river will not create a safety hazard to
the public when using the river;
(3) The natural flow of sediment and nutrients
will not be impeded; and
(4) The passage of fish and other aquatic species
will not be impeded.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
602.02
(a)
An application for a permit as required under RSA 482-A and Env-Wt 100 et seq., including the plans and
specifications required for that application; and
(b)
An attachment to the application for dam removal projects as specified
in Env-Wr 602.03.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
602.03 Attachment for
(a)
The name, mailing address, and daytime telephone number of the applicant
and, if the applicant is not the owner, the name and mailing address of the
owner;
(b)
The state dam identification number;
(c)
The hazard classification of the dam;
(d)
The current use of the dam;
(e)
The height and length of the dam, in feet;
(f)
The type of construction of the dam;
(g)
The approximate surface area of the impoundment, in acres;
(h)
The name(s), mailing address(es), and daytime telephone number(s) of the
person(s) proposed to remove the dam;
(i) A description of the proposed methods to
remove the dam, including construction sequence, so as to meet the criteria of
Env-Wr 602.01 and Env-Wr
604.01(a); and
(j)
An explanation of the purpose for removing the dam.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART
Env-Wr 603
REVIEW PROCEDURES
Env-Wr 603.01
Notification.
(a)
The person proposing to remove a dam shall notify the local governing
body of the municipality or municipalities in which the dam or the water body
formed by the dam is located in accordance with RSA 482:13, I.
(b)
The person proposing to remove the dam shall provide a copy of the
notice sent pursuant to (a), above, to the department.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
603.02 Review.
(a)
Upon receiving an application to remove a dam, the department shall
review the application to determine whether it is complete.
(b)
If the department determines that all of the information required by
Env-Wr 602.02 or the notice required by Env-Wr 603.01(b) has not been submitted, the department shall
notify the person proposing to remove the dam of what is needed to complete the
application.
(c)
After receiving a complete application and after the meeting required by
RSA 482:13, II has been held, the department shall review the application.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART
Env-Wr 604
APPROVAL; REPORT
Env-Wr
604.01
(a)
The department shall approve the removal of the dam if the applicant:
(1) Proposes a dam removal project that meets the
criteria of Env-Wr 602.01; and
(2) Demonstrates that the dam removal will be
performed in a manner that:
a. Will not cause damage to structures
downstream of the dam; and
b. Will not cause environmental damage that
cannot self-restore within one year.
(b)
The department shall notify the applicant and the owner, if the
applicant is not the owner, in writing of its decision.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
604.02 Post-Removal Report. Upon completion of the removal, the person
removing the dam shall file with the department a written statement certifying
that the removal was completed in accordance with the approved plans and
specifications.
Source. #1716, eff 2-20-81; ss by
#2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
CHAPTER
Env-Wr 700
PART Env-Wr
701 PURPOSE AND APPLICABILITY
Env-Wr
701.01 Purpose. The purpose of the rules in this chapter is
to specify the procedures to be followed when a lake level investigation is
conducted pursuant to RSA 482:79.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
Env-Wr
701.02 Applicability. The
requirements of this chapter shall apply to any lake level investigation
initiated pursuant to RSA 482:79.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05; ss by #10510, eff 1-22-14
PART Env-Wr
702 REQUEST; PRELIMINARY INVESTIGATION
Env-Wr
702.01 Formal Request.
(a)
A request for a lake level investigation pursuant to RSA 482:79 shall
be:
(1) In writing; and
(2) Mailed or delivered to the department at the
following address:
Department of
Environmental Services
Water Division
(b)
The request shall state clearly the reason(s) for the request.
(c)
The request shall be signed by at least 10 property owners whose land
abuts the water body whose water level is the subject of the request.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05
(formerly Env-Wr 401.01); ss by #10510, eff 1-22-14
Env-Wr
702.02 Preliminary Investigation.
(a)
As required by RSA 482:79, the department shall commence a preliminary
investigation of conditions affecting the use and enjoyment of a water body
under any of the following circumstances:
(1) Upon receipt of a request per Env-Wr 702.01;
(2) Upon request of the
(3) On its own motion, when information received
by the department warrants further investigation.
(b)
The department shall investigate:
(1) The current and past management and control
of the outlet; and
(2) The effects, if any, of such management and
control on:
a. The use and enjoyment of shore property above
the outlet;
b. Any riparian rights below the outlet; and
c. The use and enjoyment of the waters above and
below the outlet by the public and by owners of littoral or riparian property.
(c)
Based upon the preliminary investigation, the department shall determine
whether the management and control of the outlet is having a serious and
adverse effect on any of the factors identified in (b)(2), above.
(d)
For purposes of the determination in (c), above, a “serious and adverse
effect” means an impact that has a reasonable likelihood of interfering with
the use and enjoyment of littoral or riparian property or public waters by:
(1) Eroding shorelines above or below the outlet;
(2) Flowing property that is not covered by a
flowage easement;
(3) Interfering with access to the waters above
or below the outlet;
(4) Causing the waters above or below the outlet
to be unsuitable for navigation or recreation;
(5) Causing harm to aquatic or land-based
habitat; or
(6) Any combination of (1) through (5), above.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05
(formerly Env-Wr 401.02); ss by #10510, eff 1-22-14
PART Env-Wr
703 FURTHER INVESTIGATIONS; PUBLIC
HEARING
Env-Wr
703.01 Further Investigation and
Public Hearing.
(a)
If the department finds a serious and adverse effect under Env-Wr 702.02(c) and (d), the department shall conduct a
further investigation.
(b)
If the department determines that a public hearing to receive
information would be helpful to its further investigation, the department shall
schedule and conduct the public hearing in accordance with Env-C 200 relative
to non-adjudicative procedures.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05
(formerly Env-Wr 401.03); ss by #10510, eff 1-22-14
Env-Wr
703.02 Determinations. Based on the further investigation, the
department shall:
(a)
Ascertain the rights of the owner of the outlet by considering whether:
(1) The dam is registered with the department;
(2) Flowage is within any clear deeded flowage
limits;
(3) Base flows are sufficient to accommodate
downstream riparian rights;
(4) The operation is in accordance with any deeded
rights associated with the former mill dam act, RSA 482:17 through RSA 482:41,
if applicable; and
(5) Any other factors that are within the
jurisdiction of the department under RSA 482 have been identified by the owner
as affecting the rights of the owner.
(b)
Ascertain the rights of the public and owners of property above and
below the outlet, by considering the following:
(1) Whether there is public access to the
impoundment or the stream below the outlet via a government-owned access point;
(2) The extent to which the impoundment or the
stream below the outlet is used for fishing, including whether the impoundment
is stocked by the New Hampshire fish and game department;
(3) What range of water levels is optimum for the
ecological health of the impoundment and the stream below the outlet;
(4) The extent to which the impoundment or the
stream below the outlet is used for navigation and what range of water levels
is optimum for such navigation;
(5) The extent to which the impoundment or the
stream below the outlet is used for swimming and what range of water levels is
optimum for swimming; and
(6) The extent to which the impoundment or the
stream below the outlet is used for other recreation and range of what water
levels is optimum for such other recreation.
(c)
In making its determination, the department shall consider all
information and testimony presented as part of the proceeding.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05
(formerly Env-Wr 401.03); ss by #10510, eff 1-22-14
PART Env-Wr
704 FINDINGS; DECISION
Env-Wr
704.01 Findings. After completing its further investigation in
accordance with Env-Wr 703, the department shall
prepare written
findings regarding whether:
(a)
The management and control of the outlet is adversely affecting the
rights of owners of property above the outlet by eroding shorelines, flowing
property not covered by a flowage easement, preventing access to property that
is accessible only by boat, or interfering with the use and enjoyment of the
water for recreational purposes, including boating, swimming, and fishing;
(b)
The management and control of the outlet is adversely affecting the
rights of owners of property below the outlet by eroding shorelines, releasing
insufficient water for reasonable riparian uses, or interfering with the use
and enjoyment of the water for recreational purposes, including boating,
swimming, and fishing;
(c)
The management and control of the outlet is adversely affecting the
rights of the public to use public waters for navigation or recreational
purposes, including boating, swimming and fishing;
(d)
The management and control of the outlet is lawful;
(e)
The benefits of the current management and control of the outlet
outweigh any adverse effects that may be occurring;
(f)
Changes to the management and control of the outlet would be of benefit
to the public and private interests concerned; and
(g)
Changes in the management and control of the outlet to benefit the use
and enjoyment of the waters above or below the outlet by the public or by
owners of property above or below the outlet would deprive the owner of the
outlet or others of rights to which they are lawfully entitled.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05
(formerly Env-Wr 401.04); ss by #10510, eff 1-22-14
Env-Wr
704.02 Report of Findings; Decision. Based upon its findings, the department
shall:
(a)
Order no change in the management and control of the outlet if it finds that:
(1) The benefits of the present management and
control of the outlet outweigh any adverse effects on the public and on owners
of property above or below the outlet; and
(2) Changes in the management and control of the
outlet would not be expected to produce benefits that:
a. Are greater than those resulting from the
present management; and
b. Would outweigh any adverse effects of the
changes;
(b)
Order changes in the management and control of the outlet if the
benefits expected from the change are:
(1) Greater than the benefits from the present
management and control of the outlet; and
(2) Expected to outweigh any adverse effects of
the changed management and control of the outlet;
(c)
Report to the governor and council its findings, including an estimate
of damages, if it finds that changes in the management and control would be of
benefit to the public and private interests concerned but would deprive the
owner of the outlet or others of rights to which they are lawfully entitled; or
(d)
Report to the attorney general if the management and control of the
outlet is unlawful.
Source. #4278, eff 6-30-87; ss by
#5662, eff 7-1-93, EXPIRED: 7-1-99
New. #8414, eff 8-20-05
(formerly Env-Wr 401.05); ss by #10510, eff 1-22-14
CHAPTER Env-Wr
800 ADMINISTRATIVE FINES - EXPIRED
Source. #5082, eff 2-22-91,
EXPIRED: 2-22-97; Env-Wr 802.01(e) was amd by #5495, eff 10-27-92, EXPIRED: 10-27-98
CHAPTER Env-Wr 900 OFFICIAL LIST OF PUBLIC WATERS
PART Env-Wr 901 PURPOSE AND
APPLICABILITY
Env-Wr
901.01 Purpose. The purpose of these rules is to establish
the procedures for the publication and maintenance of the official list of
public waters required by RSA 271:20.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
901.02 Applicability. These rules shall apply to the creation and maintenance
of the official list of public waters.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
PART Env-Wr 902 DEFINITIONS
Env-Wr
902.01 “Department” means the
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
902.02 “Official list” means the
official list of public waters required by RSA 271:20.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
902.03 “Status” means whether a water
meets one or more of the categories listed in Env-Wr
903.01 and, if so, which one(s).
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
902.04 “Water” means a surface water
body or water course.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
PART Env-Wr 903 CONTENTS AND
DETERMINATIONS
Env-Wr
903.01 Waters Listed.
(a)
The official list shall include the following:
(1)
“Great pond” as defined by RSA 4:40-a, as reprinted in Appendix B;
(2)
“Public water” as defined in RSA 215-A:1, as reprinted in Appendix B;
(3)
“Public bodies of water” as defined in RSA 233-A:1, as reprinted in
Appendix B;
(4)
“State-owned public waters” as described in RSA 271:20, I, as reprinted
in Appendix B;
(5)
“Public waters” as defined in RSA 371:17, as reprinted in Appendix B;
(6)
“Public waters” as defined in RSA 482-A:16 and RSA 482-A:21, as
reprinted in Appendix B;
(7)
“Publicly-owned bodies of water” or “public-owned water bodies” as
defined in RSA 482-A:16, as reprinted in Appendix B;
(8)
“Public waters” as defined in RSA 483-B:4, XVI, as reprinted in Appendix
B;
(9)
Public tidal waters as described by the
(10) Public rivers or streams as described by the
(b)
The official list shall indicate which statute(s) each listed water is
subject to.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
903.02 Determinations. The department shall determine the status of
water in
(a)
Geographical information system database sets created or maintained by:
(1)
The department;
(2)
The U.S.D.A. Natural Resources Conservation Service;
(3)
The
(4)
The
(5)
The complex systems research center of the
(6)
Any combination of the above.
(b)
Current and historic USGS topographic mapping;
(c)
Other historic maps;
(d)
Historic photographs, including aerial photographs;
(e)
Depth contour mapping;
(f)
Physical evidence such as shoreline soil, slope and vegetative
conditions;
(g)
Historical public uses of the water; and
(h)
Any other data collected by the department to determine the status of a
water.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
903.03 Publication of the Official
List.
(a)
The department shall make paper copies of the official list available at
its offices.
(b)
The department shall post the official list on its internet site.
(c) The department shall identify the date the official
list was last updated on the list.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
PART Env-Wr 904 REVIEW AND
REVISION OF THE OFFICIAL LIST
Env-Wr
904.01 Official List Maintenance and
Updates.
(a)
The department shall maintain the official list to reflect the most
accurate information, as listed in Env-Wr 903.02,
that becomes available.
(b)
The department shall publish each revised official list as specified in
Env-Wr 903.03.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
Env-Wr
904.02 Initiation of Investigation. The department shall conduct an investigation
into the listed status of a water whenever:
(a)
It receives conflicting information from credible sources regarding the
status of a water; or
(b)
So requested by the attorney general.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
(from Env-Wr 904.01)
Env-Wr
904.03 Posting of Notice.
(a)
If the department initiates an investigation pursuant to Env-Wr 904.02, it shall issue a notice that identifies the
following:
(1)
The name(s) of the water and the town(s) in which the water is located;
(2)
The current listed status of the water;
(3)
The sources of the conflicting information and a summary of the
conflict;
(4)
The deadline for submitting factual information for consideration in its
decision, which shall be no sooner than 30 days from the date the notice is
issued; and
(5)
The name and telephone number of the contact person at the department.
(b)
The department shall send a copy of the notice to:
(1)
The attorney general;
(2)
The department of resources and economic development;
(3)
The fish and game department;
(4)
The office of energy and planning;
(5)
The department of safety;
(6)
The department of transportation;
(7)
The public utilities commission; and
(8)
The governing body of each community in which the water is located.
(c)
The department also shall post the notice on its website.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
(from Env-Wr 904.02)
Env-Wr
904.04 Time for Public Comment. Any person may provide factual information pertaining
to the status of the water to the department prior to the deadline specified in
the notice.
Source. #8383, eff 6-22-05; ss by #10417, eff 9-24-13
(from Env-Wr 904.03)
Env-Wr
904.05 Decision.
(a)
The department shall issue a final determination on the status of the
water within 120 days of the posting of the notice.
(b)
The department shall send a copy of the decision to all who were sent a
copy of the notice pursuant to Env-Wr 904.03(b).
(c)
The department shall post a copy of the decision on the department’s
website.
(d)
If the decision results in a change to the official list, the department
also shall revise the official list by publishing an updated list as specified
in Env-Wr 903.03.
Source. #10417, eff 9-24-13 (from Env-Wr 904.04)
Appendix A
Rule
Section(s) |
State
Statute(s) Implemented |
Env-Wr 101 |
RSA 482 |
Env-Wr 102 |
RSA 482 |
Env-Wr 103 |
RSA 482; RSA
91-A:4 |
|
|
Env-Wr 201 |
RSA
482:1 et seq.; RSA 541-A:16, I(b) |
Env-Wr 202 |
RSA
541-A:16, I(b); RSA 541-A:22, IV |
Env-Wr 203 |
RSA
482:6; RSA 482:9, V(a); RSA 482:30; RSA 482:79; RSA 541-A:16, I(b) |
Env-Wr 204 |
RSA
482:1 et seq.; RSA 541-A:16, I(b) |
|
|
Env-Wr 301 |
RSA 482:1; RSA
482:2; RSA 482:87 |
Env-Wr 302 |
RSA 482:5; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 303 |
RSA 482:5; RSA
482:8-a; RSA 482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 304 |
RSA 482:5; RSA
482:87 |
|
|
Env-Wr 401 |
RSA 482:1; RSA
482:7; RSA 482:9 – 11-a; RSA 482:29 – 31; RSA 482:87 |
Env-Wr 402 |
RSA 482:1; RSA
482:7; RSA 482:9 – 11-a; RSA 482:29 – 31; RSA 482:87 |
Env-Wr 403 |
RSA 482:1; RSA
482:7; RSA 482:9 – 11-a; RSA 482:29 – 31; RSA 482:87 |
Env-Wr 404 |
RSA 482:1; RSA
482:7; RSA 482:9 – 11-a; RSA 482:29 – 31; RSA 482:87 |
Env-Wr 405 |
RSA 482:1; RSA
482:7; RSA 482:9 – 11-a; RSA 482:29 – 31; RSA 482:87 |
|
|
Env-Wr 501 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 502 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 503 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 504 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 505 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 506 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
Env-Wr 507 |
RSA 482:1; RSA
482:11-a; RSA 482:12; RSA 482:87 |
|
|
Env-Wr 601 |
RSA 482:1; RSA
482:2; RSA 482:87 |
Env-Wr 602 |
RSA 482:1; RSA
482:2; RSA 482:87 |
Env-Wr 603 |
RSA 482:1; RSA
482:2; RSA 482:87 |
Env-Wr 604 |
RSA 482:1; RSA
482:2; RSA 482:87 |
|
|
Env-Wr 701 |
RSA 482:1; RSA
482:4; RSA 482:79-83; RSA 482:87 |
Env-Wr 702 |
RSA 482:1; RSA
482:4; RSA 482:79-83; RSA 482:87 |
Env-Wr 703 |
RSA 482:1; RSA
482:4; RSA 482:79-83; RSA 482:87 |
|
|
Env-Wr 900 |
RSA 271:20, II |
Appendix B: Incorporation by Reference Information
Rule |
Title
(Date) |
Obtain
at: |
Env-Wr 303.12(c)(2) Env-Wr 403.03(c)(1) |
“Engineering
Guidelines for Evaluation of Hydropower Projects”, Chapter 3 (2002) and
Chapter 4 (1991) |
Federal Energy
Regulatory Commission (202)-502-8700 Download at no
cost from: http://www.ferc.gov/industries/hydropower/safety/guidelines/eng-guide.asp
|
Env-Wr 403.04(a)(3) Env-Wr 403.04(a)(4) |
Hydrometeorological
Report No. 52, Application of Probable Maximum Precipitation Estimates - |
National Oceanic
and Atmospheric Administration (NOAA) Download at no
cost from: |
Env-Wr 403.05(b)(1) |
Research
Publication RR 93-5, Atlas of Precipitation Extremes for Northeastern United
States and |
(607) 255-1751 Download at no
cost from: |
Env-Wr 403.05(b)(2) |
Hydrometeorological
Report No. 51, Probable Maximum Precipitation Estimates, |
NOAA
Hydrometeorological Download at no
cost from: |
Env-Wr 403.05(c)(3) |
USDA NRCS
National Engineering Handbook, 210-VI-NEH-630.10 (2004) |
USDA-Natural Resources Conservation Service
(NRCS) Download at no
cost from: |
Env-Wr 403.06(b)(1) |
“National
Engineering Handbook, Section 5, Hydraulics” (1956) |
Download at no
cost from: |
Env-Wr 403.06(b)(2) |
“Handbook of Hydraulics”,
Seventh Edition, (1996) |
McGraw-Hill
Education (877) 833-5524 Purchase for
$110 at: |
Env-Wr 403.07(b)(1) |
|
American
Concrete Institute (248)-848-3700 Purchase from
Portland Cement Association ($65) at: |
Env-Wr 403.07(b)(2) |
“Design of Small
|
202-513-0501 Download at no
cost from: |
Env-Wr 403.07(b)(3) |
“National
Engineering Handbook, Section 6, Structural Design” (1980) |
USDA-NRCS Download at no
cost from: |
Env-Wr 403.08(b)(1) |
“Steel
Construction Manual”, Fourteenth Edition (2011) |
American
Institute of Steel Construction (312) 670-2400 Purchase ($350
for non-members, $175 for members) from http://www.aisc.org/store/p-1578-steel-construction-manual-14th-ed-third-printing-hardbound.aspx |
Env-Wr 403.09(b)(1) |
“Timber
Construction Manual”, Fourth Edition (1994) |
American
Institute of Timber Construction (303) 792-9559 Purchase ($75)
from: |
Env-Wr 403.10(b)(1) |
Earth |
USDA, NRCS
Download at no
cost from: |
Env-Wr 403.10(b)(3) |
ACER Technical
Memorandum No. 9, “Guidelines for Controlling Seepage Along Conduits Through
Embankments” (1987) |
N.H. Dept. of
Environmental 603-271-3503 Download at no
cost from: |
Env-Wr 403.10(b)(4) |
Agricultural
Handbook 590, Ponds – Planning, Design and Construction (1997) |
USDA, NRCS
Download at no
cost from: |
Env-Wr 502.07(a)(1)a |
Technical
Release T.R. 66 “Simplified |
USDA, NRCS Download at no
cost from: |
Env-Wr 502.07(a)(1)b |
Computer Program
for Project Formulation Hydrology, T.R. 20 (1992) |
|
Env-Wr 502.07(a)(1)c |
WSP 2 Computer
Program, T.R. 61 (1993) |
|
Env-Wr 502.07(a)(2) |
National Weather
Service |
NOAA, National
Weather Service Office of
Hydrologic Development Silver Spring MD
20910 Download at no
cost from: |
Env-Wr 502.07(a)(3) |
|
Institute for
Water Resources Hydrologic 609 (530) 756-1104 Download at no
cost from: |
Appendix
C: Statutory Definitions
RSA 482:2
II. (a) “Dam” means any artificial barrier,
including appurtenant works, which impounds or diverts water and which has a
height of 6 feet or more, or is located at the outlet of a great pond. A
roadway culvert shall not be considered a dam if its invert is at the natural
bed of the water course, it has adequate discharge capacity, and it does not
impound water under normal circumstances. Artificial barriers which create
surface impoundments for liquid industrial or liquid commercial wastes,
septage, or sewage, regardless of height or storage capacity, shall be
considered dams.
(b) An artificial barrier at a storm
water detention basin, which impounds 0.5 acre-foot or less of water during
normal conditions, shall not be considered a dam unless its height is 10 feet
or greater or its maximum storage is 6 acre-feet or greater.
V. “Dam in disrepair” means a dam which is a
menace to public safety and is incapable of safely impounding flood waters to
its crest, or is incapable of maintaining a reasonably constant level of waters
impounded, or is one which does not contain adequate gates and sluiceways to
provide for the holding or controlled discharge of waters impounded.
VI. “Emergency action plan” means a written
document delineating a prescribed sequence of actions to be taken by a dam
owner to inform the authorities and others downstream of an impending or actual
sudden release of water caused by an accident to, or failure of, the dam. This
plan shall be developed in consultation with local officials and notification
of the plan shall be given to the general public who would be affected by a
sudden release of water caused by an accident or other failure of the dam. The
plan shall be kept on file with the local emergency management director and
other local officials as deemed appropriate by the department.
VII. “Mills” shall include both
manufacturing plants and plants at which electric power is generated for public
distribution or for the operation of mills, railroads or public utilities.
VIII. “Person” means any individual,
partnership, association, corporation, company, organization or legal entity of
any kind.
X. “Reconstruction” means:
(a) A change in the height, length, or
discharge capacity of the structure;
(b) Restoring a breached dam or one in
ruins;
(c) Modification of flashboards which either
increases their height or increases the headwater elevation at which the
flashboards will fail; or
(d) A change in the structural
configuration of a dam.