Kan. Admin. Regs. § 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.
Notes
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