Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:010 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.090,
				350.093,
				350.151,
				350.410,
				350.440,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				817.59,
				817.99,
				817.131
				-.132, 917,
				30 U.S.C. 1253,
				1255,
				1266
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 underground mining activities and for
				restoration and reclamation of surface areas affected by underground mining
				activities. This administrative regulation contains general performance
				standards for maximizing coal recovery, prevention, and correction of
				landslides, temporary cessation of operations, permanent abandonment of
				operations, and protection against the sudden release of water accumulated in
				underground workings to the land surface.
Section
			 1. Applicability. The provisions of this chapter shall be
			 applicable to all underground mining activities including coal processing
			 plants, conducted pursuant to 405 KAR Chapters 7 through 24. The requirements
			 of 405 KAR Chapter 18 shall also apply to those special categories of
			 underground mining activities for which performance standards are established
			 in 405 KAR 20:020 through
			 405 KAR
			 20:080, except to the extent that a provision of those
			 administrative regulations specifically exempts a particular category from a
			 particular requirement of 405 KAR Chapter 18.
Section 2. Coal Recovery. Underground mining
			 activities shall be conducted so as to maximize the utilization and
			 conservation of the coal, while utilizing the best appropriate technology
			 currently available to maintain environmental integrity, so that reaffecting
			 the land in the future through surface coal operations shall be
			 minimized.
Section 3. Slides. At
			 any time a slide occurs that may have a potential adverse effect on property,
			 health, safety, or the environment, the permittee shall notify the cabinet by
			 the fastest available means and comply with any remedial measures required by
			 the cabinet pursuant to 405 KAR Chapters 7 through 24.
Section 4. Permanent Abandonment of
			 Operations.
(1) Notice required. On or before
			 the date of permanent abandonment of operations, the permittee shall provide
			 written notice to the cabinet that permanent abandonment is intended.
(2) Prior to permanent abandonment, and prior
			 to removal of necessary equipment from the site, all affected areas shall be
			 closed, backfilled, and otherwise permanently reclaimed in accordance with the
			 requirements of KRS Chapter 350, KAR Title 405, and the permit.
(3) All equipment, underground openings,
			 structures, or other facilities not required for monitoring shall be removed
			 and the affected areas reclaimed unless the cabinet approves the retention of
			 the equipment, openings, structures, or other facilities as compatible with the
			 post-mining land use or as beneficial to environmental monitoring.