Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:020 - Contemporaneous reclamation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.062,
				350.093,
				350.100,
				350.405,
				350.410,
				350.435,
				350.450,
				350.465,
				30 C.F.R. 730-733, 735,
				816.100,
				917,
				30 U.S.C. 1253,
				1255
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations establishing performance
				standards for protection of people and property, land, water, and other natural
				resources, and aesthetic values, during surface mining activities and for
				restoration and reclamation of surface areas affected by mining activities.
				This administrative regulation establishes requirements for keeping reclamation
				operations, including backfilling, grading, soil preparation, and revegetation,
				contemporaneous with mining operations.
Section
			 1. Definition. "Completed reclamation" means completion of
			 reclamation phase I as established in
			 405
			 KAR 10:040, Section 2(4)(a).
Section 2. General. Reclamation operations,
			 including, backfilling, grading, topsoil redistribution, liming, fertilizing,
			 other soil preparation, seeding, planting, mulching, and revegetation of all
			 land that is disturbed by surface mining activities, shall occur as
			 contemporaneously as practicable with mining operations and in accordance with
			 this administrative regulation.
Section
			 3. Backfilling and Grading. Backfilling and grading operations
			 shall proceed as concurrently with mining operations as possible and in
			 accordance with the requirements of this section, except that specific time and
			 distance criteria established in the approved plan for backfilling and grading
			 shall take precedence over corresponding criteria in this administrative
			 regulation.
(1) The approved backfilling and
			 grading plan may specify time and distance criteria less restrictive than those
			 established in this administrative regulation, and may allow more than one (1)
			 pit per permit area, if the permittee has demonstrated through detailed written
			 analysis in the permit application that other criteria or additional pits are
			 essential to the proposed mining and reclamation operations, and if the
			 requested criteria or additional pits will not likely cause adverse
			 environmental impacts.
(2) If
			 alternative distance limits are approved or additional pits allowed, then the
			 applicant shall provide supplemental assurance in accordance with
			 405 KAR
			 10:015, Section 11.
(3)
(a)
			 Area mining. Backfilling and grading to approximate original contour on a
			 disturbed area shall be completed within 180 calendar days following the
			 removal of coal from that area and shall not be more than four (4) spoil ridges
			 behind the pit being mined, with the spoil from the pit being mined being
			 considered the first spoil ridge.
(b) There shall be only one (1) pit allowed
			 per permit area.
(4)
			 Auger mining. Coal removal in a given location shall be completed within sixty
			 (60) calendar days after the initial excavation for the purpose of removal of
			 topsoil or overburden at that location.
(a)
			 Auger holes shall be sealed as required by
			 405 KAR
			 20:030.
(b) Backfilling and grading to approximate
			 original contour shall follow coal removal by not more than sixty (60) days and
			 by not more than 1,500 linear feet.
(c) There shall be only one (1) auger mining
			 operation allowed per permit area.
(5) Contour mining.
(a) Coal removal in a given location shall be
			 completed within sixty (60) calendar days after the initial excavation for the
			 purpose of removal of topsoil or overburden at that location.
(b) Backfilling and grading to approximate
			 original contour shall follow coal removal by not more than sixty (60) calendar
			 days and by not more than 1,500 linear feet.
(c) There shall be only one (1) pit allowed
			 per permit area.
(6)
			 Multiple-seam contour mining.
(a) If
			 overlapping multiple cuts producing a benched highwall are made to remove more
			 than one (1) coal seam at a given location, backfilling, and grading at that
			 location shall be completed within sixty (60) calendar days after removal of
			 the last coal seam at that location and shall follow the advancing cut of the
			 last coal seam by not more than 1,500 feet.
(b) Removal of all coal seams shall proceed
			 as concurrently as possible and in a timely manner, in order to minimize the
			 time period in which disturbed areas are exposed prior to
			 reclamation.
(c) There shall be
			 only one (1) multiple seam operation allowed per permit area.
(7) Combined contour mining and
			 auger mining.
(a) Coal removal by contour
			 mining at a given location shall be completed within the time frame established
			 in subsection (5) or (6) of this section as appropriate.
(b) Auger mining at a given location shall be
			 completed within thirty (30) calendar days after coal removal by contour mining
			 at that location.
(c)
1. Sealing of auger holes and backfilling and
			 grading shall then be completed as required in subsection (4) of this
			 section.
2. There shall be only one
			 (1) contour mining pit and one (1) auger mining operation allowed per permit
			 area.
(8)
			 Mountaintop removal. Backfilling and grading on a disturbed area shall be
			 completed within 180 calendar days following the removal of coal from that
			 area. If the mountaintop removal operation begins by mining a contour cut
			 around all or a part of the mountaintop, the time and distance limits for
			 contour mining shall apply to that cut unless alternative limits are approved
			 pursuant to Section 3 of this administrative regulation and
			 405 KAR
			 10:015, Section 11.
(9) All final backfilling and grading shall
			 be completed before equipment necessary for backfilling and grading is removed
			 from the site.