Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 4 - REQUIREMENTS FOR APPLICATION APPROVAL › Section 458-4-001 - Applications

Current through June 17, 2024
Any person intending to construct, enlarge, reconstruct,
				  alter, abandon, breach, or remove a dam must file an application and obtain
				  application approval prior to construction, enlargement, reconstruction,
				  alteration, abandonment, breach or removal of the dam. The application must be
				  accompanied by the filing fee.
001.01
				The applicant's engineer is required to meet with the Department in a
				pre-design conference prior to submission of an application for a significant
				or high hazard class dam.
001.02
				Applications must be made on a form provided by the Department. Plans and
				specifications must be submitted with the application form.
001.03 If the proposed project will also
				require a surface water storage appropriation under
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										46-241,
				  the application may be submitted with the application for a surface water
				  storage appropriation or anytime within six months of the filing of the
				  application for the surface water appropriation. If the application is not
				  filed within the six month period the application for a surface water storage
				  appropriation shall be dismissed.
001.04 If the owner of the dam is not the
				landowner of the land where the dam and reservoir will be located, the
				application shall be accompanied by documentary evidence describing the
				relationship and responsibilities of the owner of the dam and the owner of the
				land as it relates to the dam and reservoir. Acceptable documentary evidence
				includes but is not limited to leases, contracts, memoranda of agreements,
				easements, options to buy or authority to condemn under existing laws for
				purposes of construction of a dam and reservoir. The application will not be
				approved if the owner of the dam does not have sufficient legal authority to
				construct, operate, and maintain the dam and reservoir for its anticipated
				design life or sufficient authority to comply with any order the Department
				issues regarding the safety of the dam or operation of the dam and
				reservoir.
001.05 The application
				must be signed by all the owners of the dam and reservoir.
001.06 The application shall include the
				name, mailing address, electronic address and telephone number of the person or
				persons responsible for maintaining and operating the dam and reservoir. Each
				person's responsibilities shall be described in sufficient detail to provide
				the Department with an understanding of who is responsible for each aspect of
				the dam's maintenance and operation along with accurate information about how
				each person can be contacted. The application must include copies of all
				contracts or other agreements between the applicant and the person responsible
				for operation and/or maintenance of the dam and reservoir.
001.07 Dams are required to have an outlet
				for releasing water in compliance with
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									46-241(5).
				If the dam is designed without an outlet, a request for a waiver as described
				in Department rule Title 458, Chapter 6 must accompany the application for
				approval.
001.08 The Department
				will return applications that are incomplete or incorrectly filled out to the
				applicant. The corrected or completed application must be returned to the
				Department within ninety days or the application will be dismissed. Any
				associated application for a surface water appropriation will also be
				dismissed. Fees will not be refunded.