Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:050 - Protection of surface water quantity and quality

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part, requires the cabinet to promulgate administrative regulations
				pertaining to noncoal mineral operations to minimize their adverse effects on
				the citizens and the environment of the Commonwealth. This administrative
				regulation sets forth general provisions and specifications for the protection
				of surface waters from noncoal mineral operations.
Section 1. General.
(1) Appropriate protection measures shall be
			 designed, constructed, and maintained to minimize disturbance of surface water
			 quantity and quality within the permit area, to prevent material damage to
			 surface water quantity and quality outside the permit area, and to prevent
			 additional contributions of sediment to streamflow or to run-off outside the
			 permit area.
(2) Protection
			 measures include practices carried out within and adjacent to the disturbed
			 area.
(3) The scale of downstream
			 practices shall reflect the degree to which successful techniques are applied
			 at the sources of the disturbance.
(4) Surface water quantity and quality
			 protection measures consist of the utilization of proper mining, reclamation
			 methods, and incorporated practices, singly or in combination, including but
			 not limited to:
(a) Disturbing the smallest
			 practicable area at any one time during the mineral operation through
			 progressive backfilling and grading, and timely revegetation;
(b) Shaping the backfill material to
			 encourage a reduction in the velocity of run-off, to an extent which is
			 consistent with the requirements of this chapter;
(c) Retention of sediment within the pit and
			 disturbed area;
(d) Utilization of
			 straw dikes, riprap, check dams, mulches, vegetative buffer zones, dugout
			 ponds, silt fence, and other measures that reduce overland flow velocity,
			 reduce run-off volume, and entrap sediment;
(e) Utilization of other appropriate
			 treatment facilities such as chemical treatment for acid and metals;
			 and
(f) Sedimentation
			 ponds.
(5) Maximum
			 utilization shall be made of on site sediment control practices.
(6) All surface drainage from the disturbed
			 area, including disturbed areas which have been graded, seeded, or planted,
			 shall pass through sediment control structures and, where necessary, other
			 treatment facilities that have been approved by the cabinet, before leaving the
			 permit area.
(a) For the purpose of this
			 administrative regulation, disturbed area shall not include those areas in
			 which only diversion ditches, sedimentation ponds, or roads are installed in
			 accordance with 405 KAR Chapter 5 and the upstream area is not otherwise
			 disturbed by the mineral permittee.
(b) Sediment control structures shall be
			 retained until untreated drainage from the disturbed area has met the water
			 quality requirements of the administrative regulations of the Division of Water
			 and the revegetation requirements of
			 405 KAR 5:070 have
			 been met.
(c) All sedimentation
			 ponds required shall be constructed in accordance with this chapter and placed
			 in appropriate locations prior to any mining in the affected drainage area in
			 order to control sedimentation or otherwise treat water.
(d) Sedimentation ponds may be used
			 individually or in series, and shall be located as near as possible to the
			 disturbed area, and where possible, out of major stream courses.
(7) No mineral operation shall
			 violate any state or federal water quality standard or the effluent limitations
			 established in the administrative regulations of the Division of
			 Water.
(8) The cabinet may require
			 other actions, above and beyond the requirements of this administrative
			 regulation, as necessary to ensure that surface waters are protected.