Current through Register Vol. 43, No. 39, September 26, 2024
(a) In lieu of
the maps, plans, profiles, data, and specifications required for other
floodplain fills, each request for approval to place an unconsolidated material
storage stockpile (UMSS) or safety berm shall contain the following:
(1) A completed application filed on a form
prescribed by the chief engineer; and
(2) the statutorily required filing fee.
(b) If the proposed
UMSS or safety berm will be constructed wholly or partially within a floodway,
the request for approval shall also contain a copy of the no-rise
certification, hydraulic analysis, maps, cross sections, and other supporting
information required for local governmental approval of a floodway fill
pursuant to the following:
(1)
44 C.F.R.
60.3, dated October 1, 2007; and
(2) the "procedures for 'no-rise'
certification for proposed development in the regulatory floodway," dated
October 12, 1995, by the federal emergency management agency (FEMA), region
VII.
(c) If the
proposed UMSS or safety berm will be constructed completely outside a floodway,
the request for approval shall also contain the following:
(1) A map or aerial photograph with a scale
of not less than one to 3,600 showing the location and extent of the proposed
UMSS or safety berm during the initial year of operation and the location and
maximum aerial extent of the proposed UMSS or safety berm over the life of the
project;
(2) a scale drawing of a
cross section of the floodplain perpendicular to the stream showing the
following:
(A) The streambed;
(B) the ground surface;
(C) levees and other features defining the
edges of the floodplain;
(D) the
base flood elevation; and
(E) the
location of any other levees, floodplain fills, UMSSs, and safety berms at or
below the base flood elevation and located within five times the width of the
water surface during the base flood or 1,320 feet, whichever is less, of the
proposed project both upstream and downstream from the boundaries of the
proposed project superimposed on the cross section, using the centerline of the
stream as the horizontal reference; and
(3) a geometric analysis, or a more accurate
hydraulic analysis, showing that the proposed UMSS or safety berm will not
cause an unreasonable effect. The geometric or more accurate analysis shall
include the cumulative effects of all existing and proposed levees, floodplain
fills, UMSSs, and safety berms located within five times the width of the water
surface or 1,320 feet, whichever is less, of the proposed project both upstream
and downstream from the boundaries of the proposed project.
