Kansas Administrative Regulations › Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES › Article 46 - GENERAL PERMITS › Section 5-46-1 - General permits; bridge and culvert replacement projects

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 provided in subsection (e), the construction of any bridge or culvert
			 replacement project with a watershed of 2,560 or more acres in zone one, 3,840
			 or more acres in zone two, and 5,120 or more acres in zone three shall meet the
			 criteria in subsection (c) of this regulation. Before construction, the
			 applicant shall apply for and obtain a general permit from the chief engineer.
			 The application shall be filed on a form prescribed by the chief engineer and
			 shall be accompanied by plans or sketches meeting the requirements of K.A.R.
			 5-42-2.
(b) Except as provided in
			 subsection (e), the construction of any bridge or culvert replacement project
			 with a watershed of fewer than 2,560 acres in zone one, 3,840 acres in zone
			 two, and 5,120 acres in zone three shall meet the criteria in subsection (c) of
			 this regulation. Before construction, the applicant shall properly complete an
			 application for, and receive the consent of, the chief engineer. The
			 application shall be filed on a form prescribed by the chief engineer.
(c) Each bridge replacement and
			 culvert replacement project shall meet all of the following criteria:
(1) The project shall not be a change either
			 in alignment or in the cross section of a stream of more than 200 feet in
			 length on minor streams, and not more than 400 feet in length on moderate or
			 major streams as measured along the original channel. A minor stream is defined
			 as a stream or watercourse that has a mean annual flow of less than five cubic
			 feet per second (cfs). The major streams are the Kansas River, the Arkansas
			 River, and the Missouri River. A moderate stream is defined as a stream or
			 watercourse with a mean annual flow equal to or greater than five cfs, but is
			 not a major stream.
(2) The
			 proposed culvert or bridge replacement shall have the following:
(A) A cross-sectional area at least
			 equivalent to that of the original bridge or culvert for water to flow over,
			 through or around; and
(B) a road
			 grade across the floodplain and approaching the bridge or culvert that is not
			 raised by more than an average of one foot. The average rise of the road grade
			 shall be calculated by measuring the difference between the proposed grade and
			 the existing grade at the beginning and end of each interval of 100 or fewer
			 feet, dividing the sum of the two differences by two and multiplying the mean
			 by the number of feet in the interval. The sum of these calculations from each
			 interval shall then be added together and the total sum divided by the length,
			 in feet, of the road alteration. The average road grade shall not increase by a
			 cumulative amount of more than one foot since April 11, 1978.
(3) A vegetative strip measuring
			 50 feet from the bank and outward on each side of a channel change shall be
			 maintained in a manner consistent with the existing riparian vegetation and
			 other design criteria.
(4) The
			 project shall not alter the channel's cross-sectional area by more than 15
			 percent, nor shall it alter the channel length by more than 10 percent.