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

Universal Citation: KS Admin Regs 5-40-106

Current through Register Vol. 43, No. 12, March 20, 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.

(c) The recommendations shall not be binding on the chief engineer. The chief engineer shall maintain the final authority to approve or deny all applications.

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