Nebraska Statutes 46-1652. Construction or enlargement of dam; application for approval; contents
(1) Construction of any new dam or the enlargement of any dam shall not commence until the owner has applied for and obtained from the department written application approval of plans and specifications.
Terms Used In Nebraska Statutes 46-1652
- 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
- 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
- Person: means any individual, partnership, limited liability company, association, public or private corporation, trustee, receiver, assignee, agent, municipality, other political subdivision, public agency, or other legal entity or any officer or governing or managing body of any public or private corporation, municipality, other political subdivision, public agency, or other legal entity. See Nebraska Statutes 46-1626
- 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
(2) A separate application for each dam shall be filed with the department upon forms provided by the department. Plans and specifications signed and sealed by the design engineer shall accompany the application.
(3) The application shall provide the following information:
(a) The name and address of the owner;
(b) The name and address of the applicant, if different from the owner;
(c) The name and address of the operator or other person to be contacted regarding arrangements for inspections or other matters associated with the dam;
(d) The location, type, size, purpose, and height of the proposed dam;
(e) The reservoir surface areas and associated storage capacity at elevation intervals not exceeding two feet;
(f) Plans for proposed permanent instrument installations in the dam;
(g) The area of the drainage basin, rainfall records, streamflow records, and flood flow records and estimates, if available;
(h) Maps and design drawings showing plans, elevations, and sections of all principal structures and appurtenant works with other features of the project in sufficient detail, including design analyses, to determine safety, adequacy, and suitability of design;
(i) The estimated construction cost of the dam; and
(j) Such other pertinent information as the department requires.
(4) The department may, when in its judgment it is necessary, also require the following:
(a) Data concerning subsoil and rock foundation conditions and the materials involved in the construction of the dam;
(b) Investigations of, and reports on, subsurface conditions, exploratory pits, trenches and adits, drilling, coring, and geophysical tests to measure in place and in the laboratory the properties and behavior of foundation materials at the dam site;
(c) Investigations and reports on the geology of the dam site, possible geologic hazards, seismic activity, faults, weak seams and joints, availability and quality of construction materials, and other pertinent features; and
(d) Other appropriate information.
(5) If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the department within ninety days after it is returned to the applicant or within such additional time as may be allowed by the department. If the application is returned to the department after expiration of such time period, it shall be dismissed.