Kan. Admin. Regs. § 5-46-4

Current through Register Vol. 43, No. 49, December 5, 2024

Section 5-46-4 - General permits; pipeline crossings

(a) Before the construction of any pipeline or buried cable crossing of a stream having 50 or more square miles of drainage area above the proposed project site, the project shall meet the requirements of subsection (c) of this regulation. Before construction, 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.

(b) Any pipeline or buried cable crossings of streams that have fewer than 50 square miles of drainage area above the proposed project site and that meet the requirements of subsection (c) of this regulation shall not be required to have a permit pursuant to K.S.A. 82a-301 et seq., and amendments thereto.

(c) All pipeline or buried cable crossings covered by this regulation shall meet the following requirements:

(1) Underground pipelines and cables shall be buried at a depth below the stream bed sufficient to prevent exposure. For navigable streams, underground pipelines and cables shall be buried at a minimum depth of seven feet beneath the stream bed. For all other streams, underground pipelines and cables shall be buried at a minimum depth of five feet beneath the stream bed. Pipelines and cables shall be buried sufficiently into the banks to allow for a moderate amount of stream meander without exposure. The minimum depth may be waived if the owner or applicant demonstrates that the underground pipeline or cable is adequately protected against erosion.

(2) After installation, the channel and banks shall be restored to the natural elevations and configurations as nearly as possible. Armoring devices shall be installed when necessary to ensure bank stability. Surplus excavated material shall be disposed of in a manner that will not obstruct the channel or act as a levee.

(d) If any pipeline or buried cable crossing covered by this regulation does not meet the requirements of this regulation, or if the chief engineer determines that a pipeline or cable crossing 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. § 5-46-4

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