1. (a) When the department gains knowledge of the existence of a non-permitted dam, either by its own reconnaissance or by reports of others, it shall send a letter to the owner of the property on which the dam is located stating the non-permitted status of the dam and the requirements with which the owner shall comply.
2. (b) The department shall include with the letter an "Application for Permit of an Existing Dam," NHDES-W-02-002, May 2024, available at https://onlineforms.nh.gov/?formtag=NHDES-W-02-002, and a copy of RSA 482:5.
3. (c) Within 30 days of providing notice in accordance with (a), above, the department shall inspect the dam and areas potentially affected by a failure of the dam and provide the owner with an assessment of the dam’s condition and hazard classification.

4. (d) Upon written notice from the department, the owner shall file the application referenced in (b) above, and include the following information:

   1. (1) The volume and page number at the county registry of deeds of the deed to the dam and of the property on which the dam is located, if different;
   2. (2) The location of the dam on the applicable USGS Quadrangle map;
   3. (3) An "Operation, Maintenance and Response Form” prepared as specified in Env-Wr 303.04;

   4. (4) Plans and specifications which shall, at a minimum, include the following:

      1. a. A scaled plan view;
      2. b. A scaled cross-section view of the dam through the outlet, showing elevations of all features of the outlet system; and
      3. c. Any other plans or information related to the construction of the dam;
   5. (5) The engineer's resume as required by Env-Wr 403.03;
   6. (6) The results of any subsurface explorations;
   7. (7) The results of any structural analyses, which may include but not be limited to, stability analyses for overturning, sliding, and slope failure;
   8. (8) The results of hydrologic and hydraulic calculations, which show that the dam has the capacity to safely discharge the design storm with 1 foot freeboard without manual operations;
   9. (9) A document that proves ownership of flowed land or flowage rights pursuant to Env-Wr 402.02(c)(2);
   10. (10) The results of a seepage analysis for significant and high hazard dams, if applicable;
   11. (11) An EAP for significant and high hazard dams, if applicable; and
   12. (12) Construction plans and specifications.

5. (e) The owner shall include the following with the application:

   1. (1) The fee required by RSA 482:9, II; and
   2. (2) A statement that the owner has legal flowage rights on all lands which will be permanently or temporarily flooded by the dam and an indication of whether those rights are fee simple ownership, a flowage easement, prescriptive rights, or mill privileges.
6. (f) The owner shall sign the application and the statement required by (e)(2), above, if such statement is separate from the application.
7. (g) The owner’s signature shall constitute certification that the information provided is true and complete to the knowledge and belief of the owner.
8. (h) The owner shall return the completed permit application within 60 days of receiving the letter sent pursuant to (a), above.

Source. #1716, eff 2-20-81; ss by #2207, eff 12-13-82; ss by #2900, eff 11-7-84, EXPIRED 11-7-90 New. #5080, eff 2-22-91; ss by #6462-B, eff 2-21-97; ss by #8285, INTERIM, eff 2-21-05, EXPIRES: 8-20-05; ss by #8414, eff 8-20-05; ss by #10510, eff 1-22-14; ss by #13980, eff 5-24-24