Nebraska Statutes 46-1657. New or modified dam; owner; filing requirements; approval to operate; issuance
(1) Upon completion of a new or reconstructed dam and reservoir or of the enlargement of a dam and reservoir, the owner shall file with the department, without a filing fee, a completion certification accompanied by supplementary drawings or descriptive matter signed and sealed by the design engineer, showing or describing the work as actually completed. Such supplementary materials may include, but need not be limited to, the following as determined by the department:
Terms Used In Nebraska Statutes 46-1657
- Application approval: means authorization in writing issued by the department to an owner who has applied to the department for permission to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam and which specifies the conditions or limitations under which work is to be performed by the owner or under which approval is granted. See Nebraska Statutes 46-1606
- Approval to operate: means authorization in writing issued by the department to an owner who has completed construction, reconstruction, enlargement, or alteration of a dam. See Nebraska Statutes 46-1607
- Completion certification: means a statement signed by the design engineer, certifying the completion of work on a dam in conformance with the approved plans and specifications. See Nebraska Statutes 46-1610
- Dam: means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to the maximum storage elevation or (b) has an impounding capacity at maximum storage elevation of fifty acre-feet or more, except that any barrier described in this subsection which is not in excess of six feet in height or which has an impounding capacity at maximum storage elevation of not greater than fifteen acre-feet shall be exempt, unless such barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam. See Nebraska Statutes 46-1611
- Department: means the Department of Natural Resources. See Nebraska Statutes 46-1613
- Engineer: means a professional engineer licensed under the Engineers and Architects Regulation Act who (1) is competent in areas related to dam investigation, design, construction, and operation for the type of dam being investigated, designed, constructed, or operated, (2) has at least four years of relevant experience in investigation, design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams, and (3) understands adverse consequences and dam failures. See Nebraska Statutes 46-1616
- Enlargement: means any change in or addition to an existing dam which raises or may raise the normal storage elevation of the water impounded by the dam. See Nebraska Statutes 46-1617
- Owner: includes any of the following who or which owns, controls, manages, or proposes to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam:
(1) The United States Government and its departments, agencies, and bureaus. See Nebraska Statutes 46-1625
- Reconstruction: means partial or complete removal and replacement of an existing dam. See Nebraska Statutes 46-1629
- Reservoir: means any basin which contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of such water, wastewater, or liquid-borne materials having been impounded by a dam. See Nebraska Statutes 46-1631
(a) A record of all geological boreholes and grout holes and grouting;
(b) A record of permanent location points, benchmarks, and instruments embedded in the structure;
(c) A record of tests of concrete or other material used in the construction, reconstruction, or enlargement of the dam; and
(d) A record of initial seepage flows and embedded instrument readings.
(2) In connection with the enlargement of a dam, the supplementary drawings and descriptive matter need apply only to the new work.
(3) An approval to operate shall be issued by the department upon a finding by the department that the dam is safe to impound within the limitations prescribed in the application approval. No impoundment by the structure shall occur prior to issuance of the approval to operate.