RELATES TO:
KRS
151.110,
151.250,
151.310
NECESSITY, FUNCTION, AND CONFORMITY: In the course of
regulating construction in or along streams pursuant to
KRS
151.250, the Environmental and Public
Protection Cabinet frequently encounters actions or proposed actions which are
of such nature or location as to have little potential for damage or such that
any damage which would occur is limited in extent to the immediate vicinity of
the action. This administrative regulation exempts construction of this type
from the provisions of
KRS
151.250.
Section
1. A construction permit pursuant to
KRS
151.250 shall not be required for
construction in or along a stream whose watershed is less than one (1) square
mile, except for the construction of dams as defined by
KRS
151.100 or other water impounding structures
or for any construction that does or may endanger life or cause severe damage
to residential or commercial property.
Section
2. A construction permit pursuant to
KRS
151.250 shall not be required for a
subfluvial utility or pipeline crossing provided that the construction of the
crossing meets the following criteria:
(1)
During the construction of the crossing, no material may be placed in the
stream or in the flood plain of the stream to form construction pads, coffer
dams, access roads, etc., unless prior approval has been obtained from the
cabinet.
(2) The trench shall be
backfilled as closely as possible to the original contour. All excess material
from construction of the trench shall be disposed of outside of the flood plain
unless the applicant has received prior approval from the cabinet to fill
within the flood plain.
(3) For
subfluvial crossings of erodible channels, there shall be at least thirty (30)
inches clear to the top of the pipe or conduit at all points.
(4) For subfluvial crossings of nonerodible
channels, there shall be at least six (6) inches of clear cover above the top
of the pipe or conduit at all points, and the pipe or conduit shall be encased
on all sides by at least six (6) inches of concrete.
(5) The weight of a pipe and its contents
during normal operating conditions at all points must exceed that of an equal
volume of water, or the applicant must provide the division with sufficient
information to show that the pipe and joints have sufficient strength.