- (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 emergency management director, police, and fire departments and activate the EAP prior to performing an emergency breach, if possible.
- (c) If it is not possible to meet the requirements of (b), above, the owner shall make such notifications as soon as reasonably possible, but never more than one hour after the initiation of the emergency breach.
- (d) Within 24 hours of performing an emergency breach, the owner shall confirm with the department that the dam has been stabilized and no longer poses a hazard risk.
(e) Within 90 days of performing an emergency breach, the owner shall file a letter of intent with the department which indicates whether the dam will be:
- (1) Reconstructed as defined in RSA 482:2, X and Env-Wr 400;
- (2) Removed in accordance with chapter Env-Wr 600; or
- (3) Modified in accordance with Env-Wr 302.05.
Source. #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24 (formerly Env-Wr 303.09)