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Wichita, KS - Dry Creek Detention Basin
Appeal Brief
| Applicant | Kansas Division of Emergency Management |
| Appeal Type | 1st |
| Project Number | 48 |
| Date Signed | 2011-09-02T00:00:00 |
• Issue
o The State of Kansas submitted an application on behalf of the City of Wichita to construct a detention basin to relieve downstream flooding, including the acquisition of 546 acres and the construction of a 12,000-foot berm with outlet (dam and spillway). Region VII denied the project application on the basis the project constituted a major flood control project, did not conform to program requirements, and imposed residual risk associated with construction of a high-hazard dam. The State of Kansas submitted an appeal requesting reconsideration and the Regional Administrator upheld the denial of the application.
• Reason for Denial
o The reasons for Region VII’s denial of the 1st appeal were unchanged from those given for the original denial of the application. The Region’s response cited 44 CFR 206.434, HMGP eligibility requirements.
• Reference(s)
o 44 CFR 206.434 Eligibility; HMGP Desk Reference (page 7-1) Residual Risk; 44 CFR 206.440 Appeals
o The State of Kansas submitted an application on behalf of the City of Wichita to construct a detention basin to relieve downstream flooding, including the acquisition of 546 acres and the construction of a 12,000-foot berm with outlet (dam and spillway). Region VII denied the project application on the basis the project constituted a major flood control project, did not conform to program requirements, and imposed residual risk associated with construction of a high-hazard dam. The State of Kansas submitted an appeal requesting reconsideration and the Regional Administrator upheld the denial of the application.
• Reason for Denial
o The reasons for Region VII’s denial of the 1st appeal were unchanged from those given for the original denial of the application. The Region’s response cited 44 CFR 206.434, HMGP eligibility requirements.
• Reference(s)
o 44 CFR 206.434 Eligibility; HMGP Desk Reference (page 7-1) Residual Risk; 44 CFR 206.440 Appeals