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Appendix B of The Kansas River Corridor--Its Geologic Setting, Land Use, Economic Geology, and Hydrology

Kansas Administrative Regulations

Article 43--Sand Dredging Permits (5-43-1 to 5-43-5)


Sand dredging operation; plans and specifications. Plans for a sand dredging operation from a stream shall include:

(a) A general location map or aerial photograph showing the stream, location of the proposed sand dredging operation, section lines, property lines with names and addresses of adjoining landowners, local access roads, a bar scale, a north arrow and any other prominent features;

(b) a plat of the area within which the sand plant will be operated, prepared to a scale of 200 feet per inch, or less, if necessary to show in detail the features of the stream at the location. The plat shall include at least one permanent bench mark. The survey shall also include at least two permanent horizontal control points on a baseline running generally parallel to the stream. These permanent points shall be identified with substantial markers and shall be easily visible in the field. The plat shall show the location of the natural banks on both sides of the stream, all islands, sand bars, and the direction of the stream within the channel. Where county commissioners have established bank lines along a stream in accordance with the provisions of K.S.A. 82a-307a, the location of such established bank lines shall be shown. The plat shall also show the proposed location of the tipple, boundaries of areas from which material will be removed and the area to which rejected material will be returned;

(c) cross sections of the channel, measured along lines at right angles to the general direction of the stream and plotted to a horizontal scale of not more than 200 feet per inch and an appropriate vertical scale. Typical cross sections shall be shown for unobstructed portions of the channel as well as for portions in which islands, sand bars or other obstructions may be located. The elevation of the top of both banks, the bed of the stream, and the surface of islands and bars shall be shown on the cross sections. The location of lines along which cross sections are measured shall be referred to the baseline and indicated on the plat. All elevations shall be referred to a permanent bench mark, which is referenced to the national geodetic vertical datum of 1929 to a tolerance of plus or minus one half foot; and

(d) a statement of plan of operation. A brief paragraph shall be included explaining the plants operating plans. The kind of equipment, pumping capacities, seasonal limitations and any other operational constrictions shall be included. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-302; effective May 1, 1987.)


Sand dredging; buffer zone. There shall be a buffer zone of not less than 500 feet between dredging operations, and between dredging operations and all bridges. There shall be a buffer zone of 300 feet between dredging operations and buried pipeline or cable crossings. There shall be a buffer zone of 200 feet between dredging operations and levees, or other features subject to damage by undercutting. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective May 1, 1987.)


Sand dredging; operation. In counties at locations where bank lines have been established on designated streams pursuant to K.S.A. 82a-307, materials shall be removed only between established bank lines. The chief engineer, for good cause, may allow excavation or removal of material landward from established bank lines if approval is also obtained from the board of county commissioner. On navigable streams materials shall be removed only from the channel and in such a manner so as not to degrade the banks. On all other streams, materials shall be removed only from areas and in a manner approved by the chief engineer. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective May 1, 1987.)


Sand dredging; operations conflicting. If more than one operator proposes to operate within a given reach of a private stream, then all conflicting applicants shall be required to submit proof of easements or other legal authority to operate. If more than one operator proposes to operate within a given reach of a navigable stream, the chief engineer shall determine which operators shall be permitted, based on the following criteria:
  1. The capability of the applicant's equipmentment to operate within the desired area;
  2. the applicant's need for the material;
  3. the applicant's existing operation, if any;
  4. the anticipated date the applicant will begin operation;
  5. the applicant's history of operation;
  6. the anticipated plant completion date;
  7. proof of the applicant's easements and right-of-ways necessary to operate;
  8. date of application; and
  9. any other relevant factor.
(Authorized by K.S.A. 82a-303a; implementing K.S.A 82a-302, effective May 1, 1987.)


Sand dredging; operation setback. Sand dredging operations located outside the channel of a stream shall be set back a minimum of 50 feet from the bank of the channel There shall be a minimum slope on the sand plant side.of not greater than one foot-vertical to four feet horizontal. (Authorized by K.S.A. 82a-303a; implementing K.S.A. 82a-303; effective May 1, 1987.)

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Kansas Geological Survey, Kansas River Corridor Study
Electronic version Jan. 13, 1998.
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