Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:290 - Topsoil

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 the removal, storage and redistribution of top-soil, and
				requirements for substitution of other materials for topsoil.
Section 1. General.
(1) The applicant shall before making a
			 permit application investigate the proposed permit area to determine whether
			 lands within the area may be prime farmland according to
			 405 KAR 30:280,
			 Section 2.
(2) The applicant shall
			 before making a permit application have soil survey data prepared for the
			 proposed permit area if survey data is not available from the U.S. Soil
			 Conservation Service. The soil survey data shall include:
(a) Location of permit boundaries, flood
			 frequency data, water table, erosion characteristics, permeability, and other
			 information needed to characterize existing topsoil conditions.
(b) A description of the existing soil
			 profile showing the depth and thickness of each of the soil horizons to be
			 removed, stored, and replaced in accordance with Sections 2, 3, and 4 of this
			 administrative regulation.
(c) A
			 detailed soil description of the representative soil of each soil mapping unit
			 in the permit area.
(3)
			 Topsoil removal shall be as specified in Section 2 of this administrative
			 regulation, storage as specified in Section 3 of this administrative
			 regulation, and replacement as specified in Section 4 of this administrative
			 regulation.
(4) For surface areas
			 which are without suitable topsoil, the cabinet shall approve and/or specify,
			 on a site-specific basis, alternative practices designed to utilize those
			 available materials which are most suitable for supporting successful
			 revegetation. The cabinet requires the application of nutrients and soil
			 amendments as necessary for supporting successful revegetation.
(5) Topsoil handling and restoration plan.
			 The applicant shall submit to the cabinet a plan for the handling and
			 restoration of topsoil material within the proposed permit boundaries. This
			 plan shall be used by the cabinet in judging the technological capability of
			 the applicant to restore top-soil material. The plan shall include the
			 following and any other data required by the cabinet:
(a) Information contained in the soil survey
			 as required in Section 1(2) of this administrative regulation;
(b) A description of amount and source of
			 proposed soil amendments, overburden materials or topsoil borrow areas proposed
			 as substitutes for existing topsoil;
(c) The location of areas to be used for the
			 separate stockpiling of the soil horizons and plans for soil stabilization
			 during stockpiling;
(d) The
			 proposed method and type of equipment to be used for removal, storage, and
			 replacement of the soil;
(e) Plans
			 for reclaiming the final graded mine land and the conservation practices to
			 control erosion and sedimentation during the first twelve (12) months after
			 regrading is completed. Proper adjustments for seasons must be made so that
			 final graded land is not exposed to erosion during seasons when vegetation or
			 conservation practices cannot be established due to weather conditions;
			 and
(f) Before any permit is issued
			 the cabinet may consult with the United States Soil Conservation Service and
			 Kentucky Division of Conservation or other agencies to provide a review of the
			 pro- posed method of soil reconstruction and comment on possible revisions that
			 will result in a more complete and adequate restoration.