Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:040 - Access roads and haul roads

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 constructing
				haul roads and access roads for noncoal mineral operations.
Section 1. General.
(1) Each mineral permittee shall design,
			 construct, utilize, and maintain roads and restore the area to meet the
			 requirements of this administrative regulation and to control or minimize
			 erosion and siltation, air and water pollution, and to prevent damage to public
			 or private property.
(2) To the
			 extent possible using the best technology currently available, roads shall not
			 cause damage to fish, wildlife, and related environmental values and shall not
			 cause additional contributions of suspended solids to streamflow or to run-off
			 outside the permit area. Any additional contributions shall not be in excess of
			 limitations of state or federal law.
(3) The design of roads shall be certified by
			 a qualified registered professional engineer as being in accordance with
			 specifications of this administrative regulation, except to the extent that
			 alternative specifications are used. Alternative specifications may be used
			 only after approval by the cabinet upon a demonstration by a qualified
			 registered professional engineer that they will result in performance, with
			 regard to safety, stability and environmental protection, equal to or better
			 than, that resulting from roads complying with the specifications of this
			 administrative regulation.
(4) Use
			 of a preexisting private road, or any portion thereof by the mineral operator
			 requires:
(a) That the road be kept open and
			 in a condition that local traffic can use it without damage to their means of
			 transportation.
(b) That if any
			 disturbance by the mineral operator makes the road impassable, a detour of
			 comparable usability shall be provided.
(5) No part of any road shall be located in
			 the channel of an intermittent or perennial stream unless specifically approved
			 by the cabinet for stream crossings.
(6) Stream fords are prohibited unless they
			 are specifically approved by the cabinet as temporary routes during periods of
			 construction. The fords shall not adversely affect stream sedimentation or
			 fish, wildlife, and related environmental values. All other stream crossings
			 shall be made using bridges, culverts, or other structures designed,
			 constructed, and maintained to meet the requirements of Section 4 of this
			 administrative regulation.
(7)
			 Access roads, haul roads, and any yard areas or parking areas shall be
			 maintained with proper surface materials to prevent erosion.
(8) The deposition of mud and other debris on
			 public roads shall be minimized to the extent possible in order to prevent
			 public nuisance.