Kansas Administrative Regulations
Agency 5 - DEPARTMENT OF AGRICULTURE-DIVISION OF WATER RESOURCES
Article 45 - DESIGN OF LEVEES
Section 5-45-22 - Unconsolidated material storage stockpile
Universal Citation: KS Admin Regs 5-45-22
Current through Register Vol. 43, No. 12, March 20, 2024
An unconsolidated material storage stockpile (UMSS) may exist in a floodplain without the approval of the chief engineer if the UMSS meets one of the conditions in subsection (a) and all of the requirements of subsection (b).
(a)
(1) The UMSS existed before 1929.
(2) In counties or cities with flood
insurance rate maps, the UMSS existed before the creation of the most recent
flood hazard map, and the UMSS's impact on flooding was analyzed in creating
the map.
(3) The UMSS existed
before January 1, 2006 at a sand and gravel mining site.
(4) The UMSS is located outside a floodway
and meets both of the following conditions:
(A) The UMSS will be present at that location
for less than 270 days.
(B) The
site will be restored to its original condition within 90 days after the UMSS
is removed.
(b) The UMSS meets the following requirements:
(1) Does not obstruct normal
streamflow;
(2) does not redirect
normal streamflow;
(3) does not
block culverts and drainage channels; and
(4) does not cause other hydraulic problems,
including an unreasonable effect.
(c) Each UMSS that is not a levee or any other such improvement subject to regulation pursuant to K.S.A. 24-126, and amendments thereto, except a temporary UMSS meeting the standards of paragraph (a)(4), shall become subject to regulation when the areal extent of the UMSS increases or the location changes in whole or in part.
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