Kansas Administrative Code

Design reports. (a) The applica- tion for each permit to construct, repair, or modi- fy a dam shall be accompanied by a design report prepared by the engineer who designed the new dam or the repair or modification of an existing dam. The design report shall document every ma- jor…

Specifications. (a) Each applicant shall submit specifications with the application for a permit to construct a dam. The specifications shall address every major element in the construc- tion of the dam and the materials used to con- struct the dam. The specifications shall be cl…

Time of concentration.(a)Except as specified in subsections (b) and (c), the time of concentration (Tc) shall be determined by using one of the methods specified in chapter 15, “travel time, time of concentration and lag,” in the natu- ral resources conservation service (NRCS) na…

Design duration rainfall depth. (a) If the time of concentration is six hours or less, a duration of six hours shall be used for all design storms. The appropriate six-hour storm depth, in inches, shall be selected from the fol- lowing table. County Probability of occurrence in a…

Determination of rainfall ex- cess. (a) Rainfall excess shall be determined by using the natural resource conservation service (NRCS) runoff curve number method. (b) The antecedent moisture condition (AMC) to be used when determining the curve number for the design storm shall be…

Hydrographs. The rainfall excess determined in K.A.R. 5-40-32 shall be used to determine the time-discharge relationship of in- flow to the reservoir for the detention storm and design storm using the techniques described in chapter 16, “hydrographs,” in the natural resource cons…

Preparer of maps, plans, profiles, reports, and specifications. In addition to the requirements of the Kansas state board of tech- nical professions, the requirements in this reg- ulation shall apply. (a) Each map, plan, profile, report, and specification submitted to the chief 4…

Geotechnical investigation of all dams. (a) Each applicant shall ensure that a suf- ficient geotechnical investigation is performed on the proposed site for each dam to design the dam in accordance with the regulations of the chief engineer and with sound engineering principles a…

Geotechnical investigation of a low-impact dam. (a) In addition to meeting the requirements of K.A.R. 5-40-40, each low-impact dam shall have a sufficient number of properly placed test holes to be representative of the geol- ogy under the proposed dam embankment, with an average…

Geotechnical investigation of a high-impact dam. (a) In addition to meeting the requirements of K.A.R. 5-40-40, each proposed high-impact dam shall have at least the following number of geotechnical test holes: (1) A sufficient number of properly placed test holes to be represent…

Cutoff trench. (a) Each dam shall have a cutoff trench. The cutoff trench shall meet all of the following requirements: (1) Have side slopes no steeper than one hori- zontal unit to one vertical unit; (2) have a bottom width of 10 or more feet as necessary to meet the compaction …

(Authorized by and implementing K.S.A. 2006 Supp. 82a-303a; effective May 18, 2007.)

Allowance for settlement of an earthen dam. (a) A detailed soil mechanics in- vestigation report shall be submitted as part of the design report for each high-impact dam. An ap- propriate allowance for settlement shall be made based on the results in the soil mechanics report. (b…

Side slopes of an earthen dam. (a) The side slopes of each earthen dam shall be designed and constructed to be stable and easily maintained. (b) A slope stability analysis shall be required on each high-impact dam. (c) If a slope stability analysis is required, the minimum factor…

Determining the capacity of a reservoir. (a) The capacity of each proposed res- ervoir shall be determined as specified in K.A.R. 5-40-2(h). (b) The capacity of each existing reservoir shall be determined by using the procedure specified in K.A.R. 5-40-2(h) for contours above the…

Pipes. (a) Each pipe under or through an embankment shall meet the following requirements: (1) Be capable of withstanding the external load without buckling, cracking, being damaged, or be- ing deformed. The minimum internal diameter of the pipe shall not be reduced by more than …

Acceptable trash racks for pri- mary spillways. (a) Except as specified in sub- section (c), each new or modified primary spillway permitted on or after the effective date of this reg- ulation shall be equipped with an acceptable trash rack, as specified in subsection (b). (b) “A…

Stilling basins. (a) For each new dam, for each primary spillway conduit replace- ment, and for each existing dam for which the chief engineer determines that it is necessary to protect the integrity of the embankment, each primary spillway conduit with a cross-sectional area in …

Drawdown pipes. (a) Except as specified in subsection (b), each dam shall be equipped with a drawdown pipe that meets the requirements for a pipe as specified in K.A.R.

Control of seepage along a con- duit. (a) Each conduit through any portion of a dam below the elevation of the permanent pool shall be constructed to protect the dam from seepage along the conduit by means of cutoff col- lars or a drainage diaphragm. Cutoff collars may be used on…

Earthen auxiliary spillways. Each earthen auxiliary spillway shall meet all of the following requirements: (a) If the design dis- charge from the auxiliary spillway is directed so that the discharge impinges on the downstream toe of the dam, a wing dike shall be designed and cons…

Maximum design velocity for an auxiliary spillway. (a) The maximum velocity in feet per second during the design storm for water flowing in a vegetated earthen auxiliary spillway shall be determined from the following table: Slope of the exit channel Vegetation Erosion-resistant …

Service spillway design. (a) If a dam will have a service spillway, the spillway shall be designed and constructed with a lining materi- al that meets the following requirements: (1) Covers the channel floor and walls up to the depth of flow required to bypass the flows of the st…

Determining the height of a dam or barrier. To determine the height of a dam or barrier pursuant to K.S.A. 82a-301(b) and amendments thereto, that measurement shall be made as follows: (a) The height of a dam or barri- er that extends across the natural bed of a stream or waterco…

Waiver and stricter requirements. (a) The chief engineer may waive any of the regu- lations adopted under articles 40, 41, 42 and 43 if it is shown to the satisfaction of the chief engineer that the waiver of the regulation will not pose a hazard to the public safety and that the…

Other maps, plans, profiles, data and specifications. The applicant shall also sub- mit any other maps, plans, profiles and specifica- tions of the dam, channel change or obstruction and any other data which the chief engineer may require. (Authorized by K.S.A. 82a-303a; imple- m…

Construction notification to the chief engineer. Each holder of a permit to con- struct, or an approval to repair or modify a dam, shall notify the chief engineer at least 48 hours before any of the following stages of construction and shall obtain the approval of the chief engin…

Inspection during dam con- struction, repair, and modification. (a) Except as specified in subsection (d), each high-impact dam shall be inspected by an engineer competent in the design of dams, or that engineer’s autho- rized representative, at all times during any con- structio…

Construction inspection re- ports. The engineer responsible for the inspec- tion required by K.A.R. 5-40-71 shall, within 30 days of the completion of the construction, repair, or modification of the dam and its appurtenances, submit to the chief engineer an inspection report con…

Emergency action plan. (a) The owner of each hazard class B dam shall create an emergency action plan (EAP) on a form pre- scribed by the chief engineer. The owner shall keep the original EAP and submit a copy of the EAP to the chief engineer. The EAP shall address each of the fo…

Discovery of an existing illegal, unpermitted dam. (a) Except when it is neces- sary to take additional actions to protect the public safety, when the chief engineer becomes aware of an existing illegal, unpermitted dam, the following actions shall be taken by the chief engineer:…

Design criteria for an existing il- legal, unpermitted dam. (a) Except as specified in subsection (b), the design criteria specified in this subsection (a) shall be met to obtain a permit fromthechiefengineerpursuanttoK.S.A.82a-301 et seq., and amendments thereto, for an existing…

Maintenance of dams. Each own- er of a dam that the chief engineer has authority to regulate pursuant to K.S.A. 82a-301 et seq., and amendments thereto, shall operate and maintain the dam in a manner that protects the public safe- ty, complies with the terms of any permit of the …

Repair or modification of a per- mitted or prejurisdictional dam. (a) The repair or modification of a permitted or prejurisdictional dam shall meet the requirements of both of the following: (1) The statutes and the regulations in effect when the application for repair or modific…

Easements for dams. (a) Each applicant that applies for a permit to construct a dam, modify a dam in a manner that will raise the top of the dam, or modify the dam in any other way that will increase the backwater effect of the dam or the flow of water from the dam to the re- cei…

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 accompa- nied by the statutorily required filing fee and shall contain all of the following: (1) One …

(Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-302; effective May 1, 1983; amended May 1, 1985; amended May 1, 1986; revoked May 18, 2007.)

Requirements for a dam safety inspection report. Each dam safety inspection report required by K.S.A. 82a-303b, and amend- ments thereto, shall document the observations made during the inspection and the engineer’s opinion of the condition of the dam and shall in- clude all of t…

Schedule for inspection of haz- ard class C dams. Each hazard class C dam shall be inspected every third inspection year after the inspection year in which the initial inspec- tion was completed. (Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-303a a…

Schedule for inspection of haz- ard class B dams. Each hazard class B dam shall be inspected every fifth inspection year after its initial inspection. (Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-303a and 82a-303b; effective May 18, 2007.)

Schedule for inspection of dams. The initial and follow-up dam safety inspections required by K.S.A. 82a-303b, and amendments thereto, for any dam completed on or after July 1, 2002, shall be conducted and a report shall be filed with the chief engineer in accordance with the fol…

Revision of schedule of inspec- tions. For good cause shown, including a change in hazard class or repair or modification of a dam, the dam safety inspection schedule may be re- vised by the chief engineer and a new inspection cycle may be started. (Authorized by K.S.A. 2006 Supp…

Channel changes; plans and spec- ifications. Plans for a channel change shall in- clude the following: (a) A general location map or aerial photograph, showing the present alignment of the stream, location of the proposed channel change, section lines, property lines with names a…

Channel changes; water velocity. The new channel shall have a conveyance capacity equal to or greater than the old channel. The wa- ter velocity after the completion of the proposed channel change or stream obstruction shall not ex- ceed a permissive velocity. (Authorized by K.S.…

Channel changes; side slopes. The side slopes of the proposed new channel shall not be steeper than one foot vertical to two feet horizontal unless the applicant submits data and analysis to show that a steeper slope will be stable. (Authorized by K.S.A. 82a-303a; implementing K.…

Channel changes; construction by erosion. New channels shall not be construct- ed by erosion. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective May 1, 1987.)

Channel changes; disposal of ex- cavated material. (a) Material removed from the newly excavated channel shall be deposited at a location and in a form acceptable to the chief engineer. If the material is to be deposited so that it will have the effect of a levee, a separate prio…

Channel changes; vegetative strips on new channels. On each new channel project, except a grassed waterway constructed for the purpose of conveying runoff without caus- ing erosion or flooding, a vegetative strip shall be established and maintained for a width of 50 feet immediat…

Stream obstructions; plans and specifications. (a) The plans required for a per- mit for a stream obstruction pursuant to K.S.A. 82a-301, and amendments thereto, shall include the following: (1) A general location map or aerial photograph showing the stream, location of the propo…

Stream obstruction; minor. If a proposed stream obstruction will not decrease the cross sectional area of a stream channel at the lo- cation of the obstruction by more than 15 percent, the plans required by the chief engineer shall be equivalent to the type submitted to the Unite…