Kan. Admin. Regs. § 5-40-8

Current through Register Vol. 43, No. 40, October 3, 2024

Section 5-40-8 - Acceptable application

(a) To be acceptable for filing, each application for a permit to construct, modify, or repair a dam, other stream obstruction, or channel change shall be accompanied by the statutorily required filing fee and shall contain all of the following:

(1) One copy of the completed application on a form prescribed by the chief engineer and signed by the applicant;

(2) two copies of the maps, plans, specifications, and profiles for a proposed or existing dam that meet the requirements of these regulations or one copy of the maps, plans, specifications, and profiles for any other stream obstruction or channel change that meet the requirements of these regulations; and

(3) for a proposed or existing dam, one copy of the design report that meets the requirements of these regulations.

(b) If the applicant fails to meet the requirements of subsection (a), the applicant shall be notified by the chief engineer of the deficiencies in writing and given 60 days from the time the notice is postmarked to submit the required items. If the required items are not submitted within 30 days after the chief engineer's notice is postmarked, a reminder letter shall be sent to applicant again requesting the required items.

(c) Any applicant may submit a request for an extension of time to provide a complete application. The applicant shall submit the request for extension of time before the deadline to submit the items. The request shall also include a justification for the extension of time and an estimate of the time needed to submit the required items.

(d) If the required items are not submitted within 60 days after the chief engineer's notification of deficiency, or within any authorized extension of time, the application shall be dismissed and the application fee forfeited.

(e) If the dismissed application was for the construction, repair, or modification of an existing illegal, unpermitted dam, the removal of the dam shall be ordered by the chief engineer.

(f) If an application is dismissed pursuant to this regulation, within 30 days of the date of dismissal the applicant may apply to have the application reinstated. The application may be reinstated by the chief engineer for good cause shown by the applicant.

Kan. Admin. Regs. § 5-40-8

Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-301, 82a-302, and 82a-303a and K.S.A. 82a-303c; effective May 1, 1983; amended May 18, 2007.