Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:060 - General hydrologic requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.100,
				350.151,
				350.420,
				350.421,
				350.440,
				350.465,
				30
				C.F.R. Parts 701.5, 730-733, 735,
				817.41,
				817.45,
				817.47,
				817.56,
				817.57,
				917,
				30 U.S.C. 1253,
				1255,
				1266,
				1309a
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1) and
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes the requirements for the protection of the hydrologic balance,
				protection of surface and groundwater quantity and quality, control of erosion
				and sediment, control of acid-forming and toxic-forming materials, protection
				of streams, and the replacement of water supplies for underground mines. This
				administrative regulation differs from federal regulations as follows:
				KRS
				350.421(2) requires
				replacement of water supplies for domestic, agricultural, industrial, or other
				legitimate use. The federal regulation,
				30
				C.F.R. 817.41(j), requires
				replacement of water for drinking, domestic, or residential uses. Section 12(1)
				follows the state requirement. Section 12(2)(a) of this administrative
				regulation, regarding replacement of domestic water supplies, includes
				requirements for emergency, temporary, and permanent replacement that are not
				included in the federal counterpart at
				30
				C.F.R. 817.41(j) but are
				included in the definition of "replacement of water supply" at
				30
				C.F.R. 701.5, including specific time frames
				for replacement that are not included in the federal regulations but are
				suggested in the preamble (60 FR 16727, March 31, 1995) to the federal
				regulations and are needed for fair and consistent enforcement of the
				requirement to promptly replace domestic water supplies. Section 12(2)(e) of
				this administrative regulation, regarding payment of excess delivery costs,
				includes a base time period of twenty (20) years that is not included in the
				federal regulations, and also includes more flexible payment options than the
				federal regulations. This time period is discussed as an example in the
				preamble at 60 FR 16726, March 31, 1995 and is needed for fair and consistent
				enforcement of the requirement to pay excess delivery costs. Section 12(4)(b)
				of this administrative regulation, regarding coverage of water replacement by
				liability insurance rather than additional performance bond, is not included in
				the federal counterpart at
				30
				C.F.R. 817.41(j) or the
				federal subsidence regulation at
				30
				C.F.R. 817.121(c)(5), but
				the federal bonding regulation at
				30
				C.F.R. 800.14(c) provides
				that the permittee's financial responsibility for repairing material damage
				resulting from subsidence under
				30
				C.F.R. 817.121(c) may be
				satisfied by the liability insurance policy required under
				30 C.F.R.
				800.60. Section 12(4)(c) of this
				administrative regulation, regarding prompt release or return of additional
				bond posted for water replacement, is not included in the federal regulations.
				This administrative regulation is consistent with the purpose of the federal
				regulations because the bond cannot be released or returned until after the
				permittee has completed the water supply replacement that the bond is intended
				to guarantee.
Section 1. General
			 Requirements.
(1) All underground mining
			 activities shall be planned and conducted to minimize disturbance of the
			 hydrologic balance in the permit area, shadow area, and adjacent areas, in
			 order to:
(a) Prevent material damage to the
			 hydrologic balance outside the permit area; and
(b) Support the approved postmining land uses
			 in accordance with the terms and conditions of the approved permit and the
			 performance standards of this administrative regulation.