reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-54 - Control of seepage along a conduit

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each conduit
			 through any portion of a dam below the elevation of the permanent pool shall be
			 constructed to protect the dam from seepage along the conduit by means of
			 cutoff collars or a drainage diaphragm. Cutoff collars may be used only on
			 hazard class A dams that are class sizes one and two.
(b) Each drainage diaphragm shall meet all of
			 the following design criteria:
(1) Be
			 installed so that the largest face is perpendicular to the conduit;
(2) be sized as follows:
(A) If the conduit is circular, the diaphragm
			 shall extend a minimum of two feet or three times the outside diameter of the
			 conduit, whichever is greater, from the outside surface of the conduit
			 horizontally and vertically upward. The diaphragm shall extend vertically
			 downward a minimum of two feet from the outside surface of the conduit;
(B) if the conduit is rectangular,
			 the diaphragm shall extend minimum of two feet or three times the vertical
			 dimension of the conduit, whichever is greater, from the outside surface of the
			 conduit horizontally and vertically upward. The diaphragm shall extend
			 vertically downward a minimum of two feet from the outside surface of the
			 conduit;
(C) a drainage diaphragm
			 shall not be required to penetrate unweathered bedrock; and
(D) the diaphragm shall not be required to
			 extend vertically upward to an elevation higher than the crest of the auxiliary
			 spillway;
(3) have a
			 dimension parallel to the conduit that is at least three feet thick;
(4) except as specified in subsection (d), be
			 located downstream of the centerline of the dam, downstream of the cutoff
			 trench, and far enough upstream of the toe so that there is a minimum of two
			 feet of fill, measured perpendicular to the surface of the embankment, over the
			 top of the diaphragm after settlement of the embankment; and
(5) have an outlet that provides positive
			 drainage of the diaphragm to the stilling basin or other point below the
			 downstream toe of the dam. The flow line of the outlet shall be no lower than
			 one-half foot above the elevation of the outlet of the stilling basin.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-55 - Earthen auxiliary spillways

Current through Register Vol. 43, No. 28, July 11, 2024
Each earthen auxiliary spillway shall meet all of the following
				requirements:
(a) If the design
			 discharge from the auxiliary spillway is directed so that the discharge
			 impinges on the downstream toe of the dam, a wing dike shall be designed and
			 constructed to direct spillway flows away from the downstream toe of the dam.
(b) If the auxiliary spillway is
			 located on the embankment of the dam, adequate armor protection, including
			 articulated blocks, concrete paving, gabion baskets underlain with properly
			 designed bedding, or engineered riprap, shall be placed on the portion of the
			 dam where the auxiliary spillway is located.
(c) The side slopes shall be no steeper than
			 three horizontal units to one vertical unit, unless the spillway is constructed
			 through competent sandstone or limestone.
(d) There shall be at least a 30-foot level
			 section immediately upstream of the control section. Immediately downstream of
			 the control section, the slope of the spillway outlet shall be sufficient to
			 ensure that flows at and above 50 percent of the design storm discharge will
			 flow at a supercritical velocity.
(e) The auxiliary spillway shall be a minimum
			 of three feet deep, as measured from the elevation of the control section to
			 the design top of the dam.
(f) The
			 entrance channel from the reservoir to the level section shall provide a smooth
			 transition that prevents turbulent flow.
(g) The outlet channel shall convey flow to
			 the receiving stream channel with a minimum of erosion.
(h) If a fish screen is installed, the screen
			 shall not impair the functioning of the auxiliary spillway. If a fish screen is
			 proposed, the design report shall demonstrate that the screen will not impair
			 the functioning of the auxiliary spillway.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-56 - Maximum design velocity for an auxiliary spillway

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The maximum
			 velocity in feet per second during the design storm for water flowing in a
			 vegetated earthen auxiliary spillway shall be determined from the following
			 table:
Slope of the exit channel
Vegetation Erosion-resistant soils Easily erodible soils
0% to 5% 5% to 10% 0% to 5% 5% to 10%
Bermuda grass
and Bahia grass 8 7 6 5
buffalo grass,
Kentucky blue
grass, smooth
brome grass, tall
fescue, and reed
canary grass 7 6 5 4
sod-forming
grass-legume
mixtures 5 4 4 3
weeping love
grass, yellow
bluestem, and
native grass
mixtures 3.5 3.5 2.5 2.5
(b) The maximum design velocities specified
			 in subsection (a) may be increased by not more than 10 percent if the design
			 frequency of use of the auxiliary spillway is not more than two percent. The
			 maximum design velocities may be increased by not more than 25 percent if the
			 design frequency of use of the auxiliary spillway is not more than one percent.
(c) For exit channel slopes
			 greater than 10 percent, the applicant shall provide analyses showing both of
			 the following:
(1) There is no more than 0.5
			 foot of erosion depth within 20 feet of the control section for the one-percent
			 chance storm.
(2) The auxiliary
			 spillway does not fail by breaching during the spillway stability design event
			 indicated in the following table:
Hazard class Size class Spillway stability design event
A 1, 2, or 3 0.3 PMP
A 4 0.4 PMP
B 1, 2, 3, or 4 0.5 PMP
C 1, 2, 3, or 4 PMP
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-57 - Service spillway design

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If a dam
			 will have a service spillway, the spillway shall be designed and constructed
			 with a lining material that meets the following requirements:
(1) Covers the channel floor and walls up to
			 the depth of flow required to bypass the flows of the storm specified as the
			 detention requirement in K.A.R. 5-40-23(a), at a minimum; and
(2) will not fail during the spillway
			 stability design event specified in K.A.R. 5-40-56(c)(2).
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-70 - Construction notification to the chief engineer

Current through Register Vol. 43, No. 28, July 11, 2024
Each holder of a permit to construct, or an approval to repair
				or modify a dam, shall notify the chief engineer at least 48 hours before any
				of the following stages of construction and shall obtain the approval of the
				chief engineer before proceeding with each of these stages of construction:
(a) Starting construction;
(b) placing backfill in the cutoff trench;
(c) placing backfill around the
			 primary spillway conduit or any other conduit that extends through the dam
			 embankment and exits the downstream slope; and
(d) starting any stage of construction not
			 specified in this regulation for which the permit requires that the chief
			 engineer shall be notified.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-71 - Inspection during dam construction, repair, and modification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 specified in subsection (d), each high-impact dam shall be inspected by an
			 engineer competent in the design of dams, or that engineer's authorized
			 representative, at all times during any construction activity.
(b) Each low-impact dam shall be inspected by
			 an engineer qualified in the design of dams, or that engineer's authorized
			 representative, whenever any of the following conditions is met:
(1) Backfill is being placed in the cutoff
			 trench of a dam.
(2) Conduits and
			 their appurtenances are being placed.
(3) Backfill is being placed around a
			 conduit.
(4) Drain material and
			 outlets are being installed.
(5)
			 Concrete forms and reinforcing steel are being placed.
(6) Concrete is being placed.
(7) Any other stage of construction required
			 by the permit, approved plans, or approved specifications to be inspected
			 occurs.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-72 - Construction inspection reports

Current through Register Vol. 43, No. 28, July 11, 2024
The engineer responsible for the inspection required by
				K.A.R.
				5-40-71 shall, within 30 days of the
				completion of the construction, repair, or modification of the dam and its
				appurtenances, submit to the chief engineer an inspection report containing the
				following items:
(a) Anotice of
			 completion showing the date on which construction, repair, or modification of
			 the dam and its appurtenances was completed;
(b) a statement indicating one of the
			 following:
(1) The dam and its appurtenances
			 were constructed, repaired, or modified substantially in accordance with the
			 permit and the approved plans and specifications; or
(2) the completed work varied from the permit
			 and the approved plans and specifications. A description of each variation
			 shall be provided;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-73 - Emergency action plan

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The owner of
			 each hazard class B dam shall create an emergency action plan (EAP) on a form
			 prescribed by the chief engineer. The owner shall keep the original EAP and
			 submit a copy of the EAP to the chief engineer. The EAP shall address each of
			 the following:
(1) A description of the dam,
			 including the location of the dam and the access roads;
(2) the name, address, and telephone number
			 of the person responsible for notifying local authorities of an emergency;
(3) a map or written description
			 of the area that could be inundated by the type of breach described in K.A.R.
			 5-40-24;
(4) a list of persons who
			 should be notified in case of an emergency, including the telephone numbers of
			 those persons and their responsibilities; and
(5) the names, addresses, and telephone
			 numbers of each owner of the dam and its appurtenances and those persons
			 responsible for the operation and maintenance of the dam.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-73a - Discovery of an existing illegal, unpermitted dam

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except when
			 it is necessary to take additional actions to protect the public safety, when
			 the chief engineer becomes aware of an existing illegal, unpermitted dam, the
			 following actions shall be taken by the chief engineer:
(1) Determine the hazard classification and
			 condition of the dam;
(2) notify
			 the owner of the dam of the following, in writing:
(A) The fact that the dam is illegal and
			 unpermitted;
(B) the hazard
			 classification of the dam;
(C) the
			 fact that if the owner desires to keep the dam in existence, the owner shall
			 submit a complete application for a permit for the dam pursuant to
			 K.S.A.
			 82a-301 and
			 K.S.A.
			 82a-302, and amendments thereto, within 120
			 days of the date of the chief engineer's notification;
(D) the condition that the application to
			 obtain a permit for the dam shall meet the requirements of K.A.R. 5-40-8 and
			 K.A.R. 5-40-74;
(E) the fact that
			 failure to apply for a permit within 120 days shall result in the issuance of
			 an order by the chief engineer requiring the owner to submit plans to breach or
			 completely remove the dam; and
(F)
			 the fact that the dam is subject to the provisions of this regulation.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-75 - Maintenance of dams

Current through Register Vol. 43, No. 28, July 11, 2024
Each owner of a dam that the chief engineer has authority to
				regulate pursuant to
				K.S.A.
				82a-301 et seq., and amendments thereto,
				shall operate and maintain the dam in a manner that protects the public safety,
				complies with the terms of any permit of the chief engineer, and ensures the
				integrity of the dam.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-76 - Repair or modification of a permitted or prejurisdictional dam

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The repair
			 or modification of a permitted or prejurisdictional dam shall meet the
			 requirements of both of the following:
(1)
			 The statutes and the regulations in effect when the application for repair or
			 modification is filed; and
(2) any
			 additional criteria specified by the chief engineer that are necessary to
			 ensure the integrity of the dam and its appurtenances.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-77 - Easements for dams

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 applicant that applies for a permit to construct a dam, modify a dam in a
			 manner that will raise the top of the dam, or modify the dam in any other way
			 that will increase the backwater effect of the dam or the flow of water from
			 the dam to the receiving stream shall demonstrate either of the following to
			 the chief engineer:
(1) The applicant owns
			 the site of the dam and appurtenant works, the land that will be inundated, and
			 the land over which discharge from the dam's spillways will flow.
(2) The applicant has easements or other
			 legal authority to perform the following for the design life of the dam:
(A) Construct and maintain the dam;
(B) inundate all of the land
			 upstream from the dam to the top of the dam elevation; and
(C) discharge water from the spillways to a
			 stream channel and the associated floodplain adequate to convey the discharge
			 from the design storm.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-90 - Requirements for a dam safety inspection report

Current through Register Vol. 43, No. 28, July 11, 2024
Each dam safety inspection report required by
				K.S.A.
				82a-303b, and amendments thereto, shall
				document the observations made during the inspection and the engineer's opinion
				of the condition of the dam and shall include all of the following:
(a) An executive summary briefly describing
			 the overall condition of the dam as found during the inspection;
(b) the date of the inspection and a list of
			 the members of the inspection team;
(c) color photographs documenting the
			 condition of the dam appurtenances and embankment and any observed deficiencies
			 in the appurtenances and embankment;
(d) a plan view sketch of the dam and the
			 vicinity, showing the location where each photograph was taken and the
			 direction in which the photograph was taken;
(e) a description of the physical condition
			 of the dam and its appurtenances, a list of any deficiencies that were
			 observed, and a plan view sketch of the dam and its appurtenances showing the
			 location of those deficiencies. The deficiencies that shall be shown shall
			 include those that meet any of the following conditions:
(1) Violate the permit or approved plans or
			 any approved modifications of the permit or approved plans;
(2) threaten the structural integrity of the
			 dam; or
(3) threaten the safety of
			 people or property above or below the dam;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-91 - Schedule for inspection of hazard class C dams

Current through Register Vol. 43, No. 28, July 11, 2024
Each hazard class C dam shall be inspected every third
				inspection year after the inspection year in which the initial inspection was
				completed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-93 - Schedule for inspection of dams

Current through Register Vol. 43, No. 28, July 11, 2024
The initial and follow-up dam safety inspections required by
				K.S.A.
				82a-303b, and amendments thereto, for any dam
				completed on or after July 1, 2002, shall be conducted and a report shall be
				filed with the chief engineer in accordance with the following schedule:
(a) Each permitted hazard class C dam
			 shall be inspected in the third inspection year after the inspection year in
			 which the dam is completed and every third inspection year thereafter.
(b) Each permitted hazard class B
			 dam shall be inspected in the fifth inspection year after the inspection year
			 in which the dam is completed and every fifth inspection year thereafter.
(c) Each unpermitted class B or
			 class C hazard dam completed on or after July 1, 2002, shall be inspected in
			 accordance with a schedule approved by the chief engineer as necessary to
			 protect the public safety.
(d)
			 Each dam that had its hazard class increased by the chief engineer on or after
			 July 1, 2002, shall initially be inspected by the chief engineer in the
			 inspection year in which the hazard class is increased.
(e) If the dam was reclassified as a hazard
			 class B dam, the dam shall be inspected every fifth inspection year after the
			 inspection year in which the hazard class was changed.
(f) If the dam was reclassified as a hazard C
			 dam, the dam shall be inspected every third inspection year after the
			 inspection year in which the hazard class was changed.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-94 - Revision of schedule of inspections

Current through Register Vol. 43, No. 28, July 11, 2024
For good cause shown, including a change in hazard class or
				repair or modification of a dam, the dam safety inspection schedule may be
				revised by the chief engineer and a new inspection cycle may be started.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-100 - Request to be included on the list of independent engineers qualified to review applications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 licensed professional engineer who desires to be placed on the list of licensed
			 professional engineers approved to review applications for the permit required
			 by K.S.A. 82a-301 et seq., and
			 amendments thereto, shall submit a request to the chief engineer on a form
			 prescribed by the chief engineer.
(b) Any engineer may request approval in one
			 or more of the following areas:
(1) Dam
			 design;
(2) channel design; and
(3) the design of stream
			 obstructions other than dams.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-101 - Information to be submitted with a request to be a reviewer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 engineer who wants to be included on the list of licensed professional
			 engineers approved to review applications under the obstructions in streams
			 act, as authorized by
			 K.S.A.
			 82a-302, and amendments thereto, shall submit
			 that request on a form prescribed by the chief engineer and shall designate
			 each area of review for which the engineer or a team of engineers desires to be
			 approved.
(b) All of the following
			 information shall be included on each request for each area in which the
			 engineer seeks to be approved:
(1) The type
			 and license number of each current license from the Kansas state board of
			 technical professions;
(2)
			 relevant education, including graduate and postgraduate schools attended,
			 degrees received, and professional development work; and
(3) work experience in the requested area of
			 expertise, including the following:
(A) The
			 number of years of experience as an engineering intern;
(B) the number of years of experience as an
			 engineer; and
(C) the approximate
			 number of projects for which the engineer met the following criteria:
(i) Was responsible for the project;
(ii) performed substantive design
			 tasks;
(iii) had quality
			 assurance, quality control, or project review responsibilities; and
(iv) performed construction supervision or
			 inspection; and
(D) the
			 project name, the location, a brief description of the project, and a brief
			 description of the engineer's responsibilities for one or two projects for
			 which the engineer met the following criteria:
(i) Had responsible charge or performed
			 significant portions of the design; or
(ii) provided quality control, quality
			 assurance, project review, construction supervision, or construction inspection
			 duties.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-102 - Minimum requirements to be an individual reviewer

Current through Register Vol. 43, No. 28, July 11, 2024
To be an individual reviewer, each person shall meet both of
				the following qualifications:
(a)
			 Have a current professional engineer's license from the Kansas state board of
			 technical professions; and
(b)
			 have a minimum of five years of relevant work experience in the area for which
			 approval is sought.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-103 - Conflict of interest

Current through Register Vol. 43, No. 28, July 11, 2024
A reviewer shall not be eligible to review any of the
				following:
(a) Any project in which
			 the reviewer has participated in the project's design in any way;
(b) any project designed by any other
			 employee of the reviewer's current employer; or
(c) any other project for which the reviewer
			 has a conflict of interest with the owner of the dam, the designer of the dam,
			 or the state of Kansas.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-104 - Notification of approval or disapproval to be a reviewer

Current through Register Vol. 43, No. 28, July 11, 2024
Within 60 days of the receipt in the office of the chief
				engineer of a completed request pursuant to
				K.A.R.
				5-40-101, the requester shall be notified by
				the chief engineer of whether that individual has been approved in each
				requested area. If the chief engineer has not approved the request for each
				area of review requested, the requester shall be notified by the chief engineer
				of the reason or reasons that each request has been denied.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-105 - Procedure for independent review of an application to construct a dam or other water obstruction

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When an
			 applicant provides a copy of that individual's application to an approved
			 reviewer pursuant to
			 K.S.A.
			 82a-302 and amendments thereto, the applicant
			 shall also submit the following to the chief engineer:
(1) The original application;
(2) all documentation required for an
			 acceptable application as specified in K.A.R. 5-40-8;
(3) the statutorily required filing fee; and
(4) the name, address, and
			 telephone number of the reviewer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 40 - DESIGN OF EARTH DAMS › Section 5-40-106 - Report of findings of independent reviewer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When a
			 reviewer completes the review of an application pursuant to
			 K.S.A.
			 82a-302 and amendments thereto, the reviewer
			 shall submit a report of that review to the chief engineer. The report shall be
			 properly sealed by the reviewing engineer as directed by the Kansas state board
			 of technical professions.
(b) Each
			 complete report shall include the following:
(1) An opinion as to whether the application
			 meets the requirements of
			 K.S.A.
			 82a-301 et seq., and amendments thereto, the
			 regulations that implement these statutes, sound engineering principles, and
			 commonly accepted engineering practices;
(2) the basis for that opinion, including any
			 analyses that were performed, and the supporting data;
(3) an evaluation of the comments from the
			 environmental review agencies that were furnished to the reviewer by the chief
			 engineer and a recommendation about how to address all adverse comments;
(4) a recommendation about whether
			 any request by the applicant to waive one or more regulations should be
			 approved and the basis for approving or denying the waiver; and
(5) a recommendation about whether the chief
			 engineer should approve or deny the permit and any conditions that the chief
			 engineer should impose on the permit.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 41 - DESIGN OF CHANNEL CHANGES › Section 5-41-1 - Channel changes; plans and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
Plans for a channel change shall include the following:
(a) A general location map or aerial
			 photograph, showing the present alignment of the stream, location of the
			 proposed channel change, section lines, property lines with names and addresses
			 of adjoining landowners, drainage area, a north arrow, a bar scale, and any
			 other prominent features;
(b) a
			 detailed plan view of the project with stationing shown, including as many
			 other views as necessary to fully describe the project;
(c) a profile drawing along the centerline of
			 the proposed new channel. This profile shall extend five times the channel
			 width upstream and an equivalent distance downstream from each end of the new
			 channel. The stationing shown on the plan view shall correspond to stationing
			 on the profile drawing. This drawing shall show the present ground surface, the
			 present stream bed, and the grade line of the proposed new channel;
(d) cross sections of the existing stream at
			 locations immediately above and below the proposed channel change. The location
			 of these cross sections shall be described and shown on the plans. The
			 elevations of the top of the existing banks and bottom of the channel shall be
			 shown;
(e) at least one permanent
			 bench mark conveniently located for use after construction, except for grassed
			 waterways constructed for the purpose of conveying runoff without causing
			 erosion or flooding. The location, description, and elevation of the permanent
			 bench mark, to which all elevations are referred, shall be shown on the plans.
			 The designer shall reference the project bench mark to the current national
			 geodetic vertical datum, to a tolerance of plus or minus 1/2 foot on all
			 channel changes involving perennial streams and where detailed floodplain data
			 are available. Project datum shall be acceptable on all other channel changes;
			 and
(f) a cross-sectional drawing
			 of the proposed new channel, including dimensions.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 41 - DESIGN OF CHANNEL CHANGES › Section 5-41-2 - Channel changes; water velocity

Current through Register Vol. 43, No. 28, July 11, 2024
The new channel shall have a conveyance capacity equal to or
				greater than the old channel. The water velocity after the completion of the
				proposed channel change or stream obstruction shall not exceed a permissive
				velocity.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 41 - DESIGN OF CHANNEL CHANGES › Section 5-41-3 - Channel changes; side slopes

Current through Register Vol. 43, No. 28, July 11, 2024
The side slopes of the proposed new channel shall not be
				steeper than one foot vertical to two feet horizontal unless the applicant
				submits data and analysis to show that a steeper slope will be stable.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 41 - DESIGN OF CHANNEL CHANGES › Section 5-41-5 - Channel changes; disposal of excavated material

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Material
			 removed from the newly excavated channel shall be deposited at a location and
			 in a form acceptable to the chief engineer. If the material is to be deposited
			 so that it will have the effect of a levee, a separate prior written approval
			 of the chief engineer is required pursuant to
			 K.S.A.
			 24-126.
(b) Filling or plugging the original channel
			 shall receive the prior written approval of the chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 41 - DESIGN OF CHANNEL CHANGES › Section 5-41-6 - Channel changes; vegetative strips on new channels

Current through Register Vol. 43, No. 28, July 11, 2024
On each new channel project, except a grassed waterway
				constructed for the purpose of conveying runoff without causing erosion or
				flooding, a vegetative strip shall be established and maintained for a width of
				50 feet immediately adjoining the channel on each side of the stream if site
				conditions permit, unless an acceptable engineering design shows that a greater
				or lesser width of vegetative strip is preferable.
The general type of vegetation shall be approved by the chief
				engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 42 - DESIGN OF STREAM OBSTRUCTIONS › Section 5-42-1 - Stream obstructions; plans and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The plans
			 required for a permit for a stream obstruction pursuant to
			 K.S.A.
			 82a-301, and amendments thereto, shall
			 include the following:
(1) A general location
			 map or aerial photograph showing the stream, location of the proposed
			 obstruction, sufficient detail to locate the proposed construction site,
			 section lines, a bar scale, a north arrow, property lines with the names and
			 addresses of adjoining landowners, and any other landowners whose land may be
			 hydraulically affected by the proposed stream obstruction, drainage area, and
			 any other prominent features;
(2)
			 a detailed plan view fully describing the obstruction and the site;
(3) the following topographical information,
			 which shall be provided from streambed elevation to the limits specified in
			 subsection (b):
(A) A profile of the
			 streambed and both banks;
(B) a
			 contour map with a contour interval of no more than two feet; or
(C) cross sections perpendicular to the
			 stream and at intervals of no more than five times the width of the channel;
(4) an elevation view
			 showing the obstruction on a cross section of the stream and the valley up to
			 the post project design flood elevation at the site;
(5) at least one permanent benchmark shall be
			 conveniently located for use after construction. The location, description, and
			 elevation of the permanent benchmark to which all elevations are referred shall
			 be shown on the plans. Reference to the national geodetic vertical datum of
			 1988, or other acceptable national vertical datum, to a tolerance of plus or
			 minus one-half foot shall be required for all stream obstructions on perennial
			 streams and all other streams where base flood elevations have been determined
			 and are shown on flood insurance rate maps. An assumed project datum shall be
			 acceptable on all other stream obstruction projects;
(6) details of the manner in which the
			 obstruction is to be tied into the bed and banks of the streams;
(7) the land for which easements or
			 rights-of-way are to be acquired if the proposed obstruction affects land other
			 than that owned by the applicant; and
(8) unless it is clear that the impact of the
			 proposed project will be contained within the channel or limited to property
			 under the control of the applicant, a hydraulic analysis determining the
			 preproject and postproject water surface elevations for the 50 percent-chance
			 flood and the one percent-chance flood shall be prepared and submitted to the
			 chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 42 - DESIGN OF STREAM OBSTRUCTIONS › Section 5-42-2 - Stream obstruction; minor

Current through Register Vol. 43, No. 28, July 11, 2024
If a proposed stream obstruction will not decrease the cross
				sectional area of a stream channel at the location of the obstruction by more
				than 15 percent, the plans required by the chief engineer shall be equivalent
				to the type submitted to the United States corps of engineers with applications
				for a department of the army permit. Such obstructions shall include weirs,
				causeways, low-water crossings, low-head dams, intake structures, boat
				launching ramps, pipeline crossings, outfall structures, marinas, boat docks,
				jetties and revetments.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 42 - DESIGN OF STREAM OBSTRUCTIONS › Section 5-42-4 - Stream obstruction; temporary structure

Current through Register Vol. 43, No. 28, July 11, 2024
A temporary structure shall not require a stream obstruction
				permit from the chief engineer pursuant to
				K.S.A.
				82a-301 et seq. and amendments thereto if it
				meets all of the following criteria:
(a) The structure is temporary in nature.
(b) The structure is constructed
			 only of temporary materials, including local streambed materials, straw or hay
			 bales, plastic, or plywood, that are likely to wash out during a bank-full
			 storm event.
(c) The structure is
			 actively maintained only during the duration of the temporary beneficial use.
(d) The structure is less than two
			 feet in height above the natural bed of the stream, and alterations to the
			 stream and alterations to the stream bank are no more than are necessary for
			 permitting access to the site for operation and mainte-nance.
(e) The structure is below the natural low
			 bank of the stream.
(f) Any water
			 backed up by the structure is detained solely on property under the control of
			 the landowner that constructed the temporary structure.
(g) The structure does not materially
			 adversely affect the public interest, public safety, or environment.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 42 - DESIGN OF STREAM OBSTRUCTIONS › Section 5-42-5 - Determining the peak discharge of a one percent-chance storm

Current through Register Vol. 43, No. 28, July 11, 2024
In determining the flow magnitude of a design storm, the
				applicant shall use one of the following methods.
(a) For drainage areas of less than 640
			 acres, use of the rational formula shall be acceptable. The rational formula is
			 Q = CIA
Where C = the runoff coefficient
I = the intensity of rainfall, in inches per hour
A = the drainage area, in acres.
(b) For any drainage area, the flow magnitude
			 of a design storm may be determined by using one of the methods in the
			 following:
(1) "Estimation of peak
			 streamflows for unregulated rural streams in Kansas," water-resources
			 investigations report 00-4079, published by the United States geological survey
			 in 2000, which is hereby adopted by reference;
(2) "urban hydrology for small watersheds,"
			 technical release 55, published by the natural resources conservation service
			 and dated June 1986, which is hereby adopted by reference; and
(3) "computer program for project
			 formulation," technical release 20, published by the natural resources
			 conservation service, United States department of agriculture, and dated
			 October 2004, which is hereby adopted by reference.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 43 - SAND DREDGING PERMITS › Section 5-43-1 - Sand dredging operation; plans and specifications

Current through Register Vol. 43, No. 28, July 11, 2024
Plans for a sand dredging operation from a stream shall
				include:
(a) A general location map
			 or aerial photograph showing the stream, location of the proposed sand dredging
			 operation, section lines, property lines with names and addresses of adjoining
			 landowners, local access roads, a bar scale, a north arrow and any other
			 prominent features;
(b) a plat of
			 the area within which the sand plant will be operated, prepared to a scale of
			 200 feet per inch, or less, if necessary to show in detail the features of the
			 stream at the location. The plat shall include at least one permanent bench
			 mark. The survey shall also include at least two permanent horizontal control
			 points on a baseline running generally parallel to the stream. These permanent
			 points shall be identified with substantial markers and shall be easily visible
			 in the field. The plat shall show the location of the natural banks on both
			 sides of the stream, all islands, sand bars, and the direction of the stream
			 within the channel. Where county commissioners have established bank lines
			 along a stream in accordance with the provisions of
			 K.S.A.
			 82a-307a, the location of such established
			 bank lines shall be shown. The plat shall also show the proposed location of
			 the tipple, boundaries of areas from which material will be removed and the
			 area to which rejected material will be returned;
(c) cross sections of the channel, measured
			 along lines at right angles to the general direction of the stream and plotted
			 to a horizontal scale of not more than 200 feet per inch and an appropriate
			 vertical scale. Typical cross sections shall be shown for unobstructed portions
			 of the channel as well as for portions in which islands, sand bars or other
			 obstructions may be located. The elevation of the top of both banks, the bed of
			 the stream, and the surface of islands and bars shall be shown on the cross
			 sections. The location of lines along which cross sections are measured shall
			 be referred to the baseline and indicated on the plat. All elevations shall be
			 referred to a permanent bench mark, which is referenced to the national
			 geodetic vertical datum of 1929 to a tolerance of plus or minus one half foot;
			 and
(d) a statement of plan of
			 operation. A brief paragraph shall be included explaining the plants usual
			 operating plans. The kind of equipment, pumping capacities, seasonal
			 limitations and any other operational constrictions shall be included.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 43 - SAND DREDGING PERMITS › Section 5-43-2 - Sand dredging; buffer zone

Current through Register Vol. 43, No. 28, July 11, 2024
There shall be a buffer zone of not less than 500 feet between
				dredging operations, and between dredging operations and all bridges. There
				shall be a buffer zone of 300 feet between dredging operations and buried
				pipeline or cable crossings. There shall be a buffer zone of 200 feet between
				dredging operations and levees, or other features subject to damage by
				undercutting.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 43 - SAND DREDGING PERMITS › Section 5-43-3 - Sand dredging; operation

Current through Register Vol. 43, No. 28, July 11, 2024
In counties at locations where bank lines have been established
				on designated streams pursuant to
				K.S.A.
				82a-307, materials shall be removed only
				between established bank lines. The chief engineer, for good cause, may allow
				excavation or removal of material landward from established bank lines if
				approval is also obtained from the board of county commissioner. On navigable
				streams materials shall be removed only from the channel and in such a manner
				so as not to degrade the banks. On all other streams, materials shall be
				removed only from areas and in a manner approved by the chief engineer.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 43 - SAND DREDGING PERMITS › Section 5-43-4 - Sand dredging; operations conflicting

Current through Register Vol. 43, No. 28, July 11, 2024
If more than one operator proposes to operate within a given
				reach of a private stream, then all conflicting applicants shall be required to
				submit proof of easements or other legal authority to operate. If more than one
				operator proposes to operate within a given reach of a navigable stream, the
				chief engineer shall determine which operators shall be permitted, based on the
				following criteria:
(a) The
			 capability of the applicant's equipment to operate within the desired area;
(b) the applicant's need for the
			 material;
(c) the applicant's
			 existing operation, if any;
(d)
			 the anticipated date the applicant will begin operation;
(e) the applicant's history of operation;
(f) the anticipated plant
			 completion date;
(g) proof of the
			 applicant's easements and right-of-ways necessary to operate;
(h) date of application; and
(i) any other relevant factor.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 43 - SAND DREDGING PERMITS › Section 5-43-5 - Sand dredging; operation setback

Current through Register Vol. 43, No. 28, July 11, 2024
Sand dredging operations located outside the channel of a
				stream shall be set back a minimum of 50 feet from the bank of the channel.
				There shall be a minimum slope on the sand plant side of not greater than one
				foot vertical to four feet horizontal.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-1 - Floodplain management; definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in these regulations,
				K.S.A.
				12-766, and by the division of water
				resources in administering
				K.S.A.
				12-766, unless the context clearly requires
				otherwise, the following words and phrases shall have the meaning ascribed to
				them in this section:
(a) "Basement"
			 means any area of a building having its floor subgrade (below ground level) on
			 all sides.
(b) "Chief engineer"
			 means the chief engineer of the division of water resources, Kansas state board
			 of agriculture.
(c) "Development"
			 means any man-made change to real estate, including, but not limited to:
(1) buildings or other structures;
(2) mining;
(3) dredging;
(4) filling;
(5) grading;
(6) paving;
(7) excavation or drilling; or
(8) storage of equipment or materials.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-2 - Floodplain management; conditions for application for approval

Current through Register Vol. 43, No. 28, July 11, 2024
Before formal adoption by the governing body of any zoning
				regulation that establishes a floodplain zone or district, or regulates the
				development within a floodplain zone or district, the governing body shall
				apply to the chief engineer for approval of the zoning regulations. The
				governing body shall also apply to the chief engineer for approval of its
				zoning regulation when:
(a) the
			 governing body enters into, or alters its status under, the national flood
			 insurance program;
(b) the
			 governing body adopts a new or revised flood hazard map, base flood elevations,
			 flood insurance study, or regulatory floodway;
(c) the governing body annexes areas
			 containing floodplain;
(d) the
			 governing body assumes administrative jurisdiction over the adjacent floodplain
			 areas outside the governing body's boundaries; or
(e) the governing body changes variance
			 procedures used in granting relief from floodplain regulations.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-3 - Floodplain management; application for approval of zoning regulations; time limit

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 application for approval of zoning regulations shall consist of:
(1) a letter which:
(A) requests approval by the chief engineer
			 under K.S.A. 12-766 on a proposed
			 effective date, which shall not be prior to the approval by the chief engineer;
(B) proposes the date of adoption
			 by the governing body; and
(C)
			 states the reason for application for approval as enumerated in K.A.R. 5-44-2;
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-4 - Floodplain management; zoning regulations; minimum standards and criteria

Current through Register Vol. 43, No. 28, July 11, 2024
Any zoning regulation which regulates development of
				floodplains shall include the following minimum standards and criteria:
(a) Flood hazard areas shall be identified as
			 follows:
(1) The flood hazard area subject to
			 floodplain management zoning regulation shall be identified by reference to a
			 specific map used to identify the flood hazard. The identification of the map
			 shall include the preparer of the map and the date it was prepared.
(2) When the flood hazard map is revised and
			 republished with a new effective date, the governing body's floodplain
			 management zoning regulations shall amend the zoning regulations to adopt the
			 new map by reference.
Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 44 - FLOODPLAIN MANAGEMENT › Section 5-44-5 - Floodplain management; variance procedures

Current through Register Vol. 43, No. 28, July 11, 2024
Any floodplain management zoning regulations shall include
				procedures for the approval of a variance to the floodplain management zoning
				regulations. The procedures shall stipulate the criteria for a variance and
				specify when a variance may be granted by the local floodplain administrator,
				the enforcement officer or board of zoning appeals. The procedures shall
				establish a board of zoning appeals for hearing appeals of decisions of the
				floodplain administrator or enforcement officer and establish the criteria for
				the appeals. Variances shall not be granted solely to avoid the requirements of
				a floodplain development permit.