Kentucky Administrative Regulations › Title 400 - ENERGY AND ENVIRONMENT CABINET › Chapter 4 - Wild Rivers › Section 400 KAR 4:130 - Wild rivers change of use permit procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 146.220, 146.270, 146.290, 146.990
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.270 authorizes the
				secretary to promulgate administrative regulations necessary for the
				preservation and enhancement of wild rivers as established in KRS 146.250 and
				for control of recreational, educational, scientific, and other uses of these
				areas in a manner that shall not impair them. Under the provisions of KRS 146.290, the select cutting of timber, a resource removal, or an agricultural
				use may be allowed pursuant to administrative regulations promulgated by the
				secretary upon the granting of a permit under the other provisions of KRS 146.200 through 146.360. Uses that exist at the time the boundaries of a wild
				river are designated are exempt from this provision. KRS 146.290 requires that
				any permit granted to conduct a change of use shall contain restrictions,
				terms, and conditions as appropriate to protect to the fullest extent possible
				the stream area and the public trust therein, within the intent of KRS 146.220.
				This administrative regulation establishes the procedure by which a landowner,
				as defined by  401 KAR 4:110, may apply to the secretary for a change of use
				permit to conduct a new land use within a wild river corridor.
Section 1. Applicability. In accordance with
			 KRS 146.290, a new land use activity on state-owned or private lands shall not
			 be undertaken within a wild river corridor until the landowner has obtained a
			 change of use permit from the office. This administrative regulation applies to
			 any landowner applying for a permit to change a land use within a wild river
			 corridor. Nothing herein shall be construed as superseding any requirements of
			 other office programs or of other state or federal agencies.
Section 2. Permit Application.
(1) A landowner desiring to commence the
			 select cutting of timber, a resource removal, or a new agricultural use on his
			 or her property located within a wild river corridor shall apply to the office
			 for a change of use permit on The Wild Rivers Change of Use Permit,
			 KNP03.
(2) The application shall
			 include the name, address, and telephone number of the landowner and the
			 operator of the new land use.
(3)
			 The application for removal of a subterranean resource shall include the names
			 and addresses of all applicable surface owners. The applicant shall notify all
			 applicable surface owners at the time application is made for a change of
			 use.
(4) The application shall
			 include a land use plan to consist of:
(a) A
			 U.S. geological survey 7.5 minute topographic map that delineates the exact
			 location and extent of the new use and any access roads being constructed or
			 improved to effect the new use, in relation to all surface waters within the
			 wild river corridor;
(b) The
			 estimated dates of initiation and completion of the new use, if
			 applicable;
(c) An estimate of the
			 total acreage of the new use;
(d) A
			 description of the methods for conducting the new land use including, for
			 example, any construction, excavation, blasting or tree cutting
			 activities;
(e) A description of
			 best management practices for controlling soil erosion and stream
			 sedimentation; maintaining existing water quality; handling of wastes,
			 hazardous substances, and excess rock and earth; preventing and controlling
			 spills and accidents;
(f) A list of
			 herbicides, pesticides, and other chemical products to be used and the planned
			 methods of application and control;
(g) A description of reasonable alternate
			 locations or routes for the land use and why the proposed site was chosen;
			 and
(h) A reclamation plan and time
			 schedule that describes procedures for revegetating the affected land, types
			 and locations of plant species to be used, and other measures required pursuant
			 to  400 KAR 4:140, Section 14.
(5) The land use plan for underground mining
			 shall include the following additional information:
(a) A second topographic map to scale not
			 greater than one (1) inch equal to 500 feet, prepared, certified, and
			 registered by a professional engineer in accordance with the provisions of KRS
			 Chapter 322, which shall delineate control of all surface and groundwater
			 drainage on the site;
(b) Specific
			 provisions for preventing water from entering the mine and for preventing
			 discharges from the mine during and after the mining activity;
(c) A preblasting report, signed by a
			 professional engineer, of the potential for damage from blasting to stream
			 hydrology, including groundwater and subsurface drainage effects, historic
			 structures, significant geologic formations, or other significant features
			 located within a wild river corridor;
(d) A dust control plan for the mining
			 area;
(e) Evidence that the
			 operation shall not produce or discharge acid water or acid-forming materials;
			 and
(f) A copy of the subsidence
			 control plan.
(6) The
			 land use plan for oil and gas production shall include a spill prevention and
			 control countermeasure plan to prevent and control accidental discharges of
			 hazardous substances into surface and groundwaters.
(7) The land use plan for select cutting of
			 timber shall contain the following additional information:
(a) A logging plan or other description of
			 the planned cutting method and procedures for transporting logs and disposing
			 of slash;
(b) The precise location
			 and size of the log landing area or areas and the routing of haul
			 roads;
(c) A timber marking report
			 conducted and signed by a professional forester, indicating species
			 composition, number of trees of each species, total volume, and average volume
			 per tree for each species, number of cull trees, and a description of the
			 method used to mark the trees; and
(d) A forest management plan developed by a
			 professional forester may be submitted as part of the land use plan to waive
			 the requirement of  400 KAR 4:140, Section 17(5), if it employs the selective
			 method of cutting trees and is otherwise compatible with the purpose and intent
			 of KRS 146.200 through 146.360.
(8) The land use plan for an agricultural use
			 involving livestock or poultry production shall describe a system for storing
			 and disposing of animal wastes and for excluding livestock from buffer
			 zones.
(9) The land use plan for
			 the construction and operation of a public access facility, boat dock, ramp, or
			 other recreational facility shall include the following additional information:
(a) Design plans, signed by a registered
			 engineer, showing the layout of all planned facilities, including roads,
			 parking areas, trails, and buildings;
(b) Evidence that any structures that would
			 extend into the water will not substantially impede natural stream
			 flow;
(c) A list of all permits
			 applied for to conduct the new land use as required pursuant to KRS Chapter 151
			 and other applicable state and federal laws; and
(d) A waste control and disposal plan, if
			 applicable.