Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:310 - Diversion of flows and water withdrawal

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.600
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.600 requires the Environmental and Public
				Protection Cabinet to develop administrative regulations for oil shale
				operations to minimize and prevent their adverse effects on the citizens and
				environment of the Commonwealth. This administrative regulation sets forth
				requirements for design and construction of temporary and permanent diversions
				of overland flow, shallow groundwater flow, ephemeral streams, and intermittent
				and perennial streams and water withdrawals.
Section
			 1. Diversions and Conveyance of Overland Flow and Shallow
			 Groundwater Flow, and Ephemeral Streams. Overland flow, including flow through
			 litter, and shallow groundwater flow from undisturbed areas, and flow in
			 ephemeral streams, may be diverted away from disturbed areas by means of
			 temporary or permanent diversions, if required or approved by the cabinet as
			 necessary to minimize erosion, to reduce the volume of water to be treated, and
			 to prevent or remove water from contact with acid-forming or toxic-forming
			 materials. The following requirements shall be met for all diversions and for
			 all collection drains that are used to transport water into water treatment
			 facilities and for all diversions of overland and shallow groundwater flow and
			 ephemeral streams:
(1) Temporary diversions
			 shall be constructed to pass safely the peak run-off from a precipitation event
			 with a two (2) year recurrence interval, or a larger event as specified by the
			 cabinet.
(2) To protect fills and
			 property and to avoid danger to public health and safety, permanent diversions
			 shall be constructed to pass safely the peak run-off from a precipitation event
			 with a ten (10) year recurrence interval, or a larger event as specified by the
			 cabinet. Permanent diversions shall be constructed with gently sloping banks
			 that are stabilized by vegetation. Asphalt, concrete, or other similar linings
			 shall be used only when approved by the cabinet to prevent seepage or to
			 provide stability.
(3) Diversions
			 shall be designed, constructed, and maintained in a manner which prevents
			 additional contributions of suspended solids to stream flow and to run off
			 outside the permit area, to the extent possible using the best technology
			 currently available. Appropriate sediment control measures for these diversions
			 may include, but not be limited to, maintenance of appropriate gradients,
			 channel lining, revegetation, roughness structures, and detention
			 basins.
(4) No diversion shall be
			 located so as to increase the potential for land slides. No diversion shall be
			 constructed on existing land slides, unless approved by the cabinet.
(5) When no longer needed, each temporary
			 diversion shall be removed and the affected land regraded, topsoiled, and
			 revegetated in accordance with
			 405 KAR 30:290,
			 405 KAR
			 30:390, and
			 405 KAR
			 30:400.
(6) Diversion design shall incorporate the
			 following:
(a) Channel lining shall be
			 designed using standard engineering practices to pass safely the design
			 velocities.
(b) Freeboard shall be
			 no less than three-tenths (0.3) feet. Protection shall be provided for
			 transition of flows and for critical areas such as swales and curves. Where the
			 area protected is a critical area as determined by the cabinet, the design
			 freeboard may be increased.
(c)
			 Energy dissipators shall be installed, when necessary, at discharge points,
			 where diversions intersect with natural streams and exit velocity of the
			 diversion ditch flow is greater than that of the receiving stream.
(d) Excess excavated material not necessary
			 for diversion channel geometry or regrading of the channel shall be disposed of
			 in accordance with the plan approved by the cabinet and submitted under
			 405 KAR
			 30:130, Section 6(13).
(e) Topsoil shall be handled in compliance
			 with
			 405 KAR 30:290.