Kan. Admin. Regs. § 5-46-3

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

Section 5-46-3 - General permits; sand and gravel removal operations

(a) Before the commencement or continuation of any sand or gravel removal from a site with a drainage area of 50 or more square miles above the site, the removal operation shall meet the criteria in subsection (c) of this regulation. Before the removal of any sand and gravel, the owner 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 meeting the requirements of K.A.R. 5-42-2.

(b) If the proposed sand or gravel removal operation meets the criteria set forth in subsection (c) of this regulation and there are fewer than 50 square miles of drainage area above the proposed sand or gravel removal site, a permit shall not be required unless the chief engineer determines that a permit is necessary to protect the public interest, public safety, or environmental interests.

(c) All sand and gravel operations covered by this regulation shall meet the following criteria:

(1) The sand and gravel removal operation shall be limited to removing a maximum of 100 cubic yards per year from each sand and gravel removal site. Other than bridge maintenance sites, all sand and gravel removal operations on the same stream and its tributaries shall be separated by at least 1,320 feet.

(2) A sand and gravel removal operation shall not be located within the following distances of a bridge, pipeline, cable crossing, levee, or other feature, except when the written permission or easement of the owner of the bridge, pipeline, cable crossing, levee, or other feature is obtained by the applicant, and a written waiver is granted by the chief engineer:

(A) 50 feet of the banks, or in the channels of the Missouri, Kansas, or Arkansas rivers, and 50 feet of the banks, or in the channels of their tributaries, for 1/2 mile upstream from the mouth of the tributaries;

(B) one mile of a public water supply intake;

(C) 500 feet of a bridge;

(D) 300 feet of a buried pipeline or cable crossing; and

(E) 200 feet of a levee or other feature subject to damage.

(3) Stockpiles of material shall be located in a manner that does not affect the flow of water on the property of any other landowner.

(d) If any sand or gravel removal operation covered by this regulation does not meet the requirements of this regulation, or if the chief engineer determines that the operation may have an unreasonable effect on the public interest, public safety, or environmental interests, the right to perform the following shall be reserved by the chief engineer:

(1) Require a nongeneral permit pursuant to K.S.A. 82a-301 et seq., and amendments thereto; and

(2) amend, modify, or revoke the general permit issued in accordance with this regulation.

Kan. Admin. Regs. § 5-46-3

Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective Sept. 22, 2000.