45-1209. Notice of completion; license of final approval; removal of dam

A. Immediately upon completion or enlargement of a dam, notice of completion shall be given to the director. As soon as possible thereafter supplementary drawings or descriptive matter showing or describing the dam as actually constructed shall be filed with the director which shall include:

1. A record of all grout holes and grouting.

2. A record of permanent location points and bench marks.

3. A record of tests of concrete or other material used in the construction of the dam.

4. A record of other items of permanent value bearing on safety and permanence of construction.

B. When an existing dam is enlarged, the supplementary drawings and descriptive matter need apply only to the new work.

C. The owner of a completed dam shall file an affidavit of the total cost of the dam comprised of items set forth in section 45-1204 and furnish such evidence in support thereof as the director requires. No license of final approval shall issue until the affidavit is filed. The completed dam shall be inspected by the director, and upon finding that the work has been done as required and that the dam is safe, the director shall issue a license of final approval forthwith, subject to such terms as the director deems necessary for the protection of life and property. In the event the total cost exceeds the estimated cost, the fee shall be recomputed in accordance with rules adopted pursuant to section 45-1204, subsection B. The owner shall pay the difference between the fee already paid and the recomputed fee.

D. Pending issuance of the license, the dam shall not be used except on written consent of the director, subject to conditions he may impose.

E. When a dam is removed the owner shall file with the director evidence showing that a sufficient portion has been removed to permit the free passage of floodwaters. Before final approval of the removal of the dam the director shall inspect the work to ascertain its safety.