Kan. Admin. Regs. § 5-45-7 - Levees and floodplain fills; application
(a) The
application for approval of plans to construct a levee or floodplain fill shall
be filed on the form(s) prescribed by the chief engineer, including application
supplements, and shall be completed in proper form according to the
instructions. To be complete, the application shall include:
(1) application DWR No. 3-100.1;
(2) the application supplement, DWR Form No.
2-102;
(3) plans fully complying
with requirements of K.A.R. 5-45-2;
(4) specifications fully complying with
requirements of K.A.R. 5-45-3; and
(5) a copy of an application to the governing
body for a floodplain development permit, if the proposed levee or floodplain
fill will change the limits of the floodplain or floodway boundaries, or both.
(b) The statutory time
limit on the chief engineer's deliberation for approval for floodway fringe
fills shall not begin until the application is complete. When such a floodway
fringe fill application is received by the chief engineer, it will be reviewed
to determine whether or not it is complete. If the application is complete, the
chief engineer will notify the applicant when the 90-day review period began
and will end. If the application is not complete, the additional information
will be requested and the applicant informed that the 90-day statutory review
period has not yet begun. For a floodway fringe fill application, when comments
are received as a result of the water projects environmental coordination act
review under
K.S.A.
82a-325, et seq., which require modification
of the plans, the 90-day statutory time limit shall be suspended from the time
the modifications are requested by the chief engineer until satisfactory
modifications of the plans are received by the division of water resources.
When the appropriate modifications have been received, the 90-day time limit
will begin again with the same number of days remaining as were remaining at
the time of the suspension. The applicant shall be notified in writing as to
the dates of the suspension and restart of the 90-day time limit.
Notes
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