Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:060 - General hydrologic requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.100,
				350.410,
				350.420,
				350.421,
				350.440,
				350.465,
				30
				C.F.R. Parts 701.5, 730-733, 735,
				816.41,
				816.45,
				816.47,
				816.56,
				816.57,
				917,
				30 U.S.C. 1253,
				1255,
				1265,
				1307
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. This administrative
				regulation differs from federal regulations as follows: Section 8(1) requires
				that replacement of water supplies be done "promptly". This requirement appears
				in
				30
				CFR 817.41(j) relating to
				underground mines, but does not appear in
				30
				CFR 816.41(h) relating to
				surface mines. It is included in this administrative regulation because
				KRS
				350.421(2), which requires
				replacement of the water supply, makes no distinction between underground and
				surface mines. Section 8(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
				CFR 816.41(h) but are
				included in the definition of "replacement of water supply" at
				30
				CFR 701.5. It includes 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 8(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 8(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
				CFR 816.41(h). The federal
				bonding regulation at
				30
				CFR 800.14(c) provides that
				the permittee's financial responsibility for repairing material damage
				resulting from subsidence under
				30
				CFR 817.121(c), which
				includes damage to water supplies, may be satisfied by the liability insurance
				policy required under
				30 CFR
				800.60. This provision is included in this
				administrative regulation in order to provide the same option to surface mining
				permittees that
				405 KAR
				18:060, Section 12 provides to underground mining
				permittees. Section 8(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 surface mining activities shall be
			 planned and conducted to minimize disturbance of the hydrologic balance in both
			 the permit area and adjacent areas, in order to:
(a) Prevent material damage to the hydrologic
			 balance outside the permit area;
(b) Assure the protection or replacement of
			 water rights; and
(c) 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.