Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 20 - Special Performance Standards › Section 405 KAR 20:010 - Coal exploration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.057,
				350.465,
				30 C.F.R. Parts 730-733, 735, 815, 917,
				30 U.S.C. 1253,
				1255,
				1262
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to regulate coal exploration operations
				which substantially disturb the natural land surface. This administrative
				regulation sets forth the performance standards applicable to coal exploration
				operations which substantially disturb the land surface.
Section 1. General Responsibility of Persons
			 Conducting Coal Exploration. Each person who conducts coal exploration which
			 substantially disturbs the natural land surface shall comply with the
			 provisions of Section 3 of this administrative regulation.
Section 2. Required Documents. Each person
			 who conducts coal exploration which removes more than twenty-five (25) tons of
			 coal or which is located in an area designated unsuitable for mining pursuant
			 to 405 KAR Chapter 24 shall, while in the exploration area, possess written
			 approval of the cabinet for the activities granted under
			 405 KAR 8:020,
			 Section 2. The written approval shall be available for review by the authorized
			 representative of the cabinet or OSM upon request.
Section 3. Performance Standards for Coal
			 Exploration. The performance standards in this section are applicable to coal
			 exploration which substantially disturbs land surface. For any cross-references
			 to the 405 KAR Chapter 8 permitting requirements made within those
			 administrative regulations of 405 KAR Chapter 16 that are referenced in this
			 section, the permitting requirements shall only apply to the extent set forth
			 in
			 405 KAR 8:020
			 and this administrative regulation.
(1)
			 Habitats of unique or unusually high value for fish, wildlife, and other
			 related environmental values and critical habitats of threatened or endangered
			 species identified pursuant to the Endangered Species Act of 1973
			 (16
			 USC 1531 et seq.) shall not be disturbed
			 during coal exploration.
(2) The
			 person who conducts coal exploration shall, to the extent practicable, measure
			 important environmental characteristics of the exploration area during the
			 operations, to minimize environmental damage to the area and to provide
			 supportive information for any permit application that person may submit under
			 405 KAR Chapter 8.
(3)
(a) Vehicular travel on other than
			 established graded and surfaced roads shall be limited by the person who
			 conducts coal exploration to that absolutely necessary to conduct the
			 exploration. Travel shall be confined to graded and surfaced roads during
			 periods when excessive damage to vegetation or rutting of the land surface
			 could result.
(b) Any new road in
			 the exploration area shall comply with the provisions of
			 405 KAR 16:220.
(c) Existing roads may be used for
			 exploration in accordance with the following:
1. All applicable federal, state, and local
			 requirements shall be met.
2. If
			 the road is significantly altered for exploration, including, but not limited
			 to, change of grade, widening, or change of route, or if use of the road for
			 exploration contributes additional suspended solids to stream flow or run-off,
			 then subsection (7) of this section shall apply to all areas of the road which
			 are altered or which result in the additional contributions of suspended
			 solids.
3. If the road is
			 significantly altered for exploration activities and will remain as a permanent
			 road after exploration activities are completed, the person conducting
			 exploration shall ensure that the requirements of
			 405 KAR 16:220 are met for
			 the design, construction, alteration, and maintenance of the road.
(d) Promptly after exploration
			 activities are completed, existing roads used during exploration shall be
			 reclaimed either:
1. To a condition equal to
			 or better than their preexploration condition; or
2. To the condition required for permanent
			 roads under
			 405 KAR 16:220.
(4) If excavations,
			 artificial flat areas, or embankments are created during exploration, these
			 areas shall be returned to the approximate original contour promptly after
			 these features are no longer needed for coal exploration.
(5) Topsoil shall be removed, stored, and
			 redistributed on disturbed areas as necessary to assure successful revegetation
			 or as required by the cabinet.
(6)
			 All areas disturbed by coal exploration activities shall be revegetated in a
			 manner that encourages prompt revegetation and recovery of a diverse,
			 effective, and permanent vegetative cover. Re-vegetation shall be accomplished
			 in accordance with the following:
(a) All
			 areas disturbed by coal exploration activities shall be seeded or planted to
			 the same seasonal variety native to the areas disturbed. If the preexploration
			 land use was intensive agriculture, planting of the crops normally grown shall
			 meet the requirements of this paragraph.
(b) The vegetative cover shall be capable of
			 stabilizing the soil surface from erosion.
(7) Diversions of overland flows and
			 ephemeral, perennial, or intermittent streams shall be made in accordance with
			 405 KAR
			 16:080.
(8) Each exploration hole, borehole, well, or
			 other exposed underground opening created during exploration shall meet the
			 requirements of
			 405 KAR
			 16:040.
(9) All facilities and equipment shall be
			 removed from the exploration area promptly when they are no longer needed for
			 exploration, except for those facilities and equipment that may remain to:
(a) Provide additional environmental quality
			 data;
(b) Reduce or control the on-
			 and off-site effects of the exploration activities; or
(c) Facilitate future surface mining and
			 reclamation operations by the person conducting the exploration, under an
			 approved permit.
(10)
			 Coal exploration shall be conducted in a manner which minimizes disturbance of
			 the prevailing hydrologic balance in accordance with
			 405 KAR
			 16:060 through
			 405 KAR
			 16:110. The cabinet may specify additional measures
			 which shall be adopted by the person engaged in coal exploration.
(11) Toxic- or acid-forming materials shall
			 be handled and disposed of in accordance with
			 405 KAR
			 16:060, Section 4 and
			 405 KAR
			 16:190, Section 3. If specified by the cabinet,
			 additional measures shall be adopted by the person engaged in coal
			 exploration.