- (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 90 days of performing the emergency measure, the owner shall file a letter of intent with the department which indicates whether the dam will be:
- (1) Repaired if not reconstructed as defined in RSA 482:2, X;
- (2) Reconstructed in accordance with RSA 482:2, X and Env-Wr 400;
- (3) Removed in accordance with chapter Env-Wr 600; or
- (4) 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 303.10)