reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:210 - Postmining land use capability

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.093,
				350.095,
				350.100,
				350.405,
				350.410,
				350.450,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				816.133,
				917,
				30 U.S.C. 1253,
				1255,
				1265
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.465 requires the cabinet to promulgate
				administrative regulations establishing performance standards for protection of
				people and property, land, water and other natural resources, and aesthetic
				values, during surface mining activities and for restoration and reclamation of
				surface areas affected by mining activities. This administrative regulation
				establishes requirements for restoring land use capability after completion of
				surface mining activities and specific criteria for approval of postmining land
				uses that differ from the premining land use.
Section 1. General.
(1) Prior to the final release of performance
			 bond, affected areas shall be restored in a timely manner:
(a) To conditions capable of supporting the
			 uses that the areas were capable of supporting before any mining; or
(b) To conditions capable of supporting
			 higher or better alternative uses as approved by the cabinet under Section 4 of
			 this administrative regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:220 - Roads

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.085,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				surface mining activities and for restoration and reclamation of surface areas
				affected by mining activities. This administrative regulation sets forth
				requirements for the location, design, construction, maintenance, and removal
				or permanent retention of roads and associated drainage structures.
Section 1. General.
(1) Each permittee shall design, construct,
			 utilize, and maintain roads and restore the area to meet the requirements of
			 this administrative regulation and to control or minimize erosion and
			 siltation, air and water pollution, and damage to public or private
			 property.
(2) To the extent
			 possible using the best technology currently available, roads shall not cause
			 damage to fish, wildlife and related environmental values and shall not cause
			 additional contributions of suspended solids to stream flow or to run off
			 outside the permit area. Any such contributions shall not be in excess of
			 limitations of state or federal law.
(3) The design and construction of roads
			 shall be certified by a qualified registered professional engineer as being in
			 accordance with Sections 2 through 5 of this administrative regulation, except
			 to the extent that alternative specifications are used. Alternative
			 specifications may be used only after approval by the cabinet upon a
			 demonstration by a qualified registered professional engineer that they will
			 result in performance, with regard to safety, stability and environmental
			 protection, equal to or better than that resulting from roads complying with
			 the specifications of this administrative regulation.
(4) All roads shall be removed and the
			 affected land regraded and revegetated in accordance with the requirements of
			 Section 7 of this administrative regulation unless:
(a) Retention of the road is approved as part
			 of the approved postmining land use or as being necessary to control erosion
			 adequately;
(b) The necessary
			 maintenance is assured; and
(c) All
			 drainage is controlled according to Section 4 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:250 - Other facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				surface mining activities and for restoration and reclamation of surface areas
				affected by mining activities. This administrative regulation sets forth
				general requirements for the design, construction, and maintenance of support
				facilities and transportation facilities other than roads, and the restoration
				of areas affected by such facilities.
Section
			 1. Other Transportation Facilities. Railroad loops, spurs,
			 sidings, surface conveyor systems, chutes, aerial tramways, or other
			 transportation facilities within the permit area shall be designed,
			 constructed, and maintained, and the area restored, to:
(1) Prevent, to the extent possible using the
			 best technology currently available:
(a)
			 Damage to fish, wildlife, and related environmental values; and
(b) Additional contributions of suspended
			 solids to stream flow or run off outside the permit area. Any such
			 contributions shall not be in excess of limitations of state and federal
			 law.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:020 - Contemporaneous reclamation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.093,
				350.100,
				350.151,
				350.405,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth general requirements for keeping reclamation operations, including
				backfilling, grading, soil preparation and revegetation, as contemporaneous as
				practicable with surface operations of underground mining.
Section 1. Contemporaneous Reclamation.
			 Reclamation operations, including, but not limited to, backfilling, grading,
			 soil preparation and revegetation, of all areas affected by surface operations
			 of underground mining shall occur as contemporaneously as practicable with
			 surface operations.
STATUTORY AUTHORITY:
				  KRS 350.028,
				  350.151,
				  350.465
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:030 - Signs and markers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.151,
				350.200,
				350.430,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural res, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth location and informational requirements for signs and markers at
				mine access points, perimeters of surface operations, stream buffer zones,
				surface blasting areas, and topsoil storage areas.
Section 1. Specifications. Signs and markers
			 required under this chapter shall:
(1) Be
			 posted, maintained, and removed by the permittee;
(2) Be of a uniform design throughout the
			 activities that can be easily seen and read;
(3) Be made of durable material;
			 and
(4) Conform to local laws and
			 regulations.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:040 - Casing and sealing of underground openings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.151,
				350.420,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations establishing performance
				standards for protection of people and property, land, water and other natural
				resources, and aesthetic values, during underground mining activities and for
				restoration and reclamation of surface areas affected by underground mining
				activities. This administrative regulation establishes requirements for
				temporary and permanent casing, sealing, or other management of drill holes,
				boreholes, shafts, wells, or other exposed underground openings.
Section 1. General Requirements.
(1) Each exploration hole, other drill hole
			 or borehole, shaft, well, or other exposed underground opening shall be cased,
			 lined, or otherwise managed as approved by the cabinet, as necessary to prevent
			 acid or other toxic drainage from entering ground and surface waters, to
			 minimize disturbance to the prevailing hydrologic balance, and to ensure the
			 safety of people, livestock, fish and wildlife, and machinery in the permit
			 area, shadow area, and adjacent area.
(2) Each exploration hole, drill hole or
			 borehole or well that is uncovered or exposed by mining activities within the
			 permit area or shadow area shall be permanently closed, unless approved for
			 water monitoring or otherwise managed in a manner approved by the cabinet in
			 accordance with 405 KAR Chapters 7 through 24.
(3) Use of a drilled hole or monitoring well
			 as a water well shall comply with
			 405 KAR
			 18:060, Section 6.
(4) This section shall not apply to holes
			 drilled and used for blasting, in the area affected by surface
			 operations.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:050 - Topsoil

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.151,
				350.405,
				350.415,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth requirements for the removal, storage and redistribution of topsoil
				and requirements for substitution of other materials for topsoil.
Section 1. General Requirements.
(1) All topsoil, topsoil substitutes and
			 supplements, and subsoils to be saved under Section 2 of this administrative
			 regulation shall be removed as separate layers from the area to be disturbed
			 and shall be segregated from other materials.
(2) After removal, such materials shall
			 either be immediately redistributed in accordance with Section 4 of this
			 administrative regulation or stockpiled pending redistribution in accordance
			 with Section 3 of this administrative regulation.
(3) For surface areas which are without
			 suitable topsoil as a result of previous surface coal mining operations, 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 sustaining sufficient vegetation. Such materials shall be tested for their
			 chemical and physical properties as set forth in Section 2(5) of this
			 administrative regulation. The cabinet may require the application of nutrients
			 and soil amendments as necessary for sustaining sufficient
			 vegetation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:070 - Water quality standards and effluent limitations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.090,
				350.100,
				350.151,
				350.405,
				350.420,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				identifies water quality standards and effluent limitations which must be met,
				identifies the waters to which they apply and the periods of time in which they
				apply, requires water treatment for sediment control, and provides certain
				exemptions.
Section 1. Water Quality
			 Standards and Effluent Limitations.
(1)
(a) Any discharges to surface waters of water
			 from disturbed areas, underground workings, coal processing plants, and other
			 surface facilities, shall be treated by passing through sedimentation ponds or
			 other approved treatment facilities before leaving the permit area. The cabinet
			 may grant exemptions from the requirement for sedimentation ponds or treatment
			 facilities where the drainage is demonstrated by the permittee to meet the
			 requirements of paragraph (g) of this subsection, and:
1. The drainage is from underground workings;
			 or
2. The drainage is from surface
			 areas which are adequately stabilized by vegetation or other protection against
			 erosion so as to prevent the formation of rills and gullies; or
3. The disturbed surface drainage area is
			 small; or
4. The drainage is a
			 mixture of surface drainage meeting subparagraphs 2 or 3 of this paragraph and
			 drainage from underground workings, and each type of drainage is demonstrated
			 by the applicant to meet the requirements of paragraph (g) of this subsection
			 prior to being mixed.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:090 - Sedimentation ponds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.250(3),
				350.020,
				350.100,
				350.151,
				350.420,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				817.46,
				917,
				30 U.S.C. 1253,
				1255,
				1266
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(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 location, design, construction,
				certification, maintenance, removal, and retention of sedimentation ponds for
				underground mines.
Section 1. General
			 Requirements. Sedimentation ponds shall be used individually or in series and
			 shall:
(1) Comply with Sections 1 through 6 of
			 this administrative regulation and
			 405 KAR
			 18:100;
(2)
(a) In
			 accordance with
			 405 KAR
			 18:100, Section 1(2), be designed and certified by a
			 qualified registered professional engineer as meeting the requirements of
			 Sections 1 through 6 of this administrative regulation and
			 405 KAR
			 18:100;
(b) In accordance with
			 405 KAR
			 18:100, Section 1(9), be inspected during construction
			 by or under the direct supervision of the responsible registered professional
			 engineer, and after construction be certified by the responsible registered
			 professional engineer as having been constructed in accordance with the
			 approved design plans;
(3) Be constructed and certified under
			 subsection (2) of this section before any disturbance in the watershed that
			 drains into the sedimentation pond and prior to any discharge of water to
			 surface waters from underground mine workings; and
(4) Be located as near as possible to the
			 disturbed area and out of perennial streams, unless approved by the cabinet,
			 pursuant to the cabinet's authority in
			 KRS
			 350.050.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:100 - Permanent and temporary impoundments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.250(3),
				350.100,
				350.151,
				350.420,
				350.455,
				350.465,
				30
				C.F.R. 77.216,
				77.216-3,
				Parts 730-733, Part 735,
				817.49,
				Part 917,
				30 U.S.C. 1253,
				1255,
				1266
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the Energy and Environment Cabinet to promulgate administrative
				regulations relating to surface and underground coal mining operations. This
				administrative regulation establishes the requirements for the design,
				construction, certification, inspection, and maintenance of temporary and
				permanent impoundments for underground mines. This administrative regulation
				differs from federal regulations as follows:
(1) Section 1 of this administrative
			 regulation provides criteria related to the stability, settlement, embankment
			 height and width, and freeboard of impoundments, which are not found in the
			 federal regulations. These criteria have been retained because they have long
			 been effective guidelines for embankment safety and stability.
(2) Section 1(9)(c) of this administrative
			 regulation provides an exemption from engineering inspection for certain types
			 of impoundments without embankments. These inspections are unnecessary because
			 the embankments do not present a safety hazard or environmental concern that
			 would warrant routine, detailed inspection.
(3) Section 1(10)(b) of this administrative
			 regulation provides an exemption from quarterly inspections for certain small
			 nonhazardous impoundments without embankment structures. These inspections are
			 unnecessary because the structures cannot develop the hazardous conditions
			 which the inspections were intended to detect.
Section 1. General Requirements. The
			 requirements of this section apply to both temporary and permanent
			 impoundments.
(1)
(a) Impoundments meeting the criteria of
			 MSHA,
			 30
			 C.F.R. 77.216(a), shall
			 comply with the requirements of
			 30
			 C.F.R. 77.216 and this administrative
			 regulation. The plan required to be submitted to the district manager of MSHA
			 under
			 30
			 C.F.R. 77.216 shall be submitted to the
			 cabinet as part of the permit application after the plan has been approved by
			 MSHA.
(b) All impoundments
			 classified as Class B-moderate hazard or Class C-high hazard, and all permanent
			 "dams," as defined in
			 KRS
			 151.100(12), shall comply
			 with
			 405 KAR
			 7:040, Section 4 and with
			 401 KAR
			 4:030.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:110 - Surface and groundwater monitoring

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.100,
				350.151,
				350.405,
				350.420,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations establishing performance
				standards for protection of people and property, land, water and other natural
				resources, and aesthetic values, during underground mining activities and for
				restoration and reclamation of surface areas affected by underground mining
				activities. This administrative regulation establishes requirements for the
				monitoring and reporting of surface water quality and quantity, groundwater
				levels and quality and aquifer conditions, and the required duration of
				monitoring.
Section 1. General
			 Requirements.
(1) Surface and groundwater
			 monitoring shall be conducted in a manner acceptable to the cabinet in
			 accordance with 405 KAR Chapters 7 through 24 and utilize, at a minimum, a
			 sufficient number of appropriately located groundwater monitoring wells (or
			 springs), surface water monitoring stations, and quantity and quality
			 parameters to demonstrate if:
(a) The mining
			 and reclamation operations are conducted to minimize disturbances to the
			 hydrologic balance within the permit area, shadow area, and adjacent area
			 pursuant to
			 405 KAR
			 18:060;
(b) The mining operation is meeting
			 applicable effluent limitations and stream standards as required by
			 405 KAR
			 18:060, Section 1(3);
(c) Reclamation as required by 405 KAR is
			 being accomplished and the operation is preventing material damage to the
			 hydrologic balance in the cumulative impact area pursuant to
			 405 KAR
			 8:010, Section 14(2) and (3); and
(d) The mining operation complies with water
			 quality criteria for bond release pursuant to
			 405
			 KAR 10:040.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:130 - Disposal of excess spoil

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.090,
				350.151,
				350.410,
				350.440,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth specific requirements for the location of areas used for the
				disposal of excess spoil materials and the design, construction, and inspection
				of fill structures composed of such materials.
Section 1. General Requirements.
(1) General. Excess spoil shall be placed in
			 designated disposal areas, within a permit area, in a controlled manner to:
(a) Minimize the adverse effects of leachate
			 and surface water run-off from the fill on surface and ground water;
(b) Ensure mass stability and prevent mass
			 movement during and after construction; and
(c) Ensure that the final fill is suitable
			 for reclamation and revegetation compatible with the natural surroundings and
			 the approved postmining land use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:140 - Disposal of coal mine waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.151,
				350.410,
				350.420,
				350.465,
				EO 2009-538
NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.28 and
				350.465
				require the cabinet to promulgate administrative regulations establishing
				performance standards for protection of people and property, land, water and
				other natural resources, and aesthetic values, during underground mining
				activities and for restoration and reclamation of surface areas affected by
				underground mining activities. EO 2009-538, effective June 12, 2009,
				establishes the new Energy and Environment Cabinet. This administrative
				regulation establishes forth requirements for the disposal of coal mine waste,
				including design and construction requirements for coal mine waste banks, site
				inspection requirements, water control measures, provisions for extinguishing
				burning coal waste and utilization of burned coal waste, and the return of coal
				mine waste to underground mine workings.
Section
			 1. General Requirements.
(1) All
			 coal mine waste shall be hauled and conveyed in a controlled manner approved by
			 the cabinet in disposal areas approved by the cabinet for this purpose. These
			 areas shall be within a permit area. The disposal area shall be designed,
			 constructed, and maintained:
(a) In accordance
			 with this administrative regulation and the criteria established in
			 405 KAR
			 18:130, Sections 1 and 2; and
(b) To prevent combustion.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:150 - Disposal of noncoal mine waste

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.090,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth requirements for the storage and disposal of wastes other than coal
				mine waste, soil or rock.
Section 1.
			 Storage and Disposal.
(1) Storage. Noncoal
			 mine wastes including, but not limited to, grease, lubricants, paints,
			 flammable liquids, garbage, abandoned mining machinery, timber and other
			 combustibles generated during underground mining activities shall be placed and
			 stored in a controlled manner in a designated portion of the permit area.
			 Placement and storage shall ensure that leachate and surface run-off do not
			 degrade surface or groundwater, that fires are prevented, and that the area
			 remains stable and suitable for reclamation and revegetation compatible with
			 the natural surroundings.
(2)
			 Disposal. Final disposal of such noncoal mine wastes shall be in a designated
			 disposal site in the permit area or a state-approved solid waste disposal area.
			 Disposal sites in the permit area shall be designed and constructed to ensure
			 that leachate and drainage from the site do not degrade surface or groundwater.
			 Wastes shall be routinely compacted and covered to prevent combustion and
			 wind-borne waste. When the disposal is completed, a minimum of two (2) feet of
			 soil cover shall be placed over the site, slopes stabilized, and revegetation
			 accomplished in accordance with
			 405 KAR 18:200.
			 Operation of the disposal site shall be conducted in accordance with all local,
			 state, and federal requirements.
(3) At no time shall any noncoal mine waste
			 be deposited in a refuse pile or impounding structure, nor shall any such
			 excavation for waste disposal be placed within eight (8) feet of any coal
			 outcrop or coal storage area.
(4)
			 Disposal of hazardous and solid waste other than "coal mining solid waste" (as
			 defined by administrative regulations of the Division of Waste Management)
			 shall not be conducted on the permit area, unless a permit is obtained from the
			 Kentucky Division of Waste Management.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:160 - Coal mine waste dams and impoundments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				151.100,
				151.250(3),
				350.151,
				350.425,
				30 C.F.R. Parts 730-733, 735,
				817.84,
				917,
				30 U.S.C. 1253,
				1255,
				1266
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(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 requirements for coal mine waste dams and impoundments for
				underground mines. This administrative regulation differs from
				30
				CFR 817.84. Section 3(1)(b) of this
				administrative regulation includes detailed requirements for principal
				spillways in impoundments that do not have an open channel emergency spillway.
				This is necessary to ensure the safety of a large impoundment that does not
				have an open channel emergency spillways. Section 3(1)(c) of this
				administrative regulation requires a minimum freeboard of three (3) feet that
				is not included in the federal regulation. This is necessary to ensure the
				safety of an impounding structure that may be susceptible to erosion if
				overtopping occurs.
Section 1. General
			 Requirements.
(1) This administrative
			 regulation applies to dams and impoundments, constructed of coal mine waste or
			 intended to impound coal mine waste, that were completed or are to be completed
			 after August 3, 1977.
(2) Coal mine
			 waste shall not be used in the construction of dams and impoundments unless it
			 has been demonstrated to the cabinet that the stability of the structure
			 conforms with the requirements of Section 3(1) of this administrative
			 regulation. It shall also be demonstrated that the use of coal mine waste will
			 not have a detrimental effect on downstream water quality or the environment
			 due to acid seepage through the dam or impoundment. All demonstrations shall be
			 submitted to and approved by the cabinet.
(3) An impounding structure constructed of
			 coal mine waste or intended to impound coal mine waste shall not be retained
			 permanently as part of the approved postmining land use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:170 - Stabilization of surface areas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.033,
				350.020,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for the protection of people,
				property, land, water, natural resources, and aesthetic values during
				underground mining activities and for the restoration and reclamation of
				surface areas affected by underground mining activities. This administrative
				regulation sets forth requirements for the stabilization of surface areas with
				specific measures for the control of fugitive dust.
Section 1. Stabilization of Surface Areas.
			 All exposed surface areas shall be protected and stabilized to effectively
			 control and limit erosion and air pollution attendant to erosion (fugitive
			 dust).
Section 2. Control Measures.
			 The fugitive dust control measures to be used shall include, as necessary, but
			 not be limited to:
(1) Periodic watering of
			 unpaved roads;
(2) Chemical
			 stabilization of unpaved roads with proper application of nontoxic soil cements
			 or dust palliatives;
(3) Paving of
			 roads;
(4) Prompt removal of coal,
			 rock, soil, and other dust-forming debris from roads and frequent scraping of
			 and compaction of unpaved roads to stabilize the road surfaces;
(5) Revegetating, mulching, or otherwise
			 stabilizing the surfaces of all areas adjoining roads that are sources of
			 fugitive dust;
(6) Restricting the
			 travel of vehicles on areas other than established roads;
(7) Minimizing the area of disturbed
			 land;
(8) Prompt revegetation or
			 other stabilization of disturbed lands; and
(9) Planting of special windbreak vegetation
			 at critical points in the permit area.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:180 - Protection of fish, wildlife, and related environmental values

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.151,
				350.405,
				350.435,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				817.57,
				817.97,
				917,
				16 U.S.C.
				668 et seq., 1531 et seq.,
				30 U.S.C. 1253,
				1255,
				1266,
				33 U.S.C.
				1344
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities, and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth specific requirements and measures for the protection of fish,
				wildlife, and related environmental values, and for the enhancement of those
				resources where practicable.
Section 1.
			 General.
(1) The permittee shall, to the
			 extent possible using the best technology currently available, minimize
			 disturbances and adverse impacts on fish, wildlife, and related environmental
			 values, and shall achieve enhancement of those resources where
			 practicable.
(2) Each permittee
			 shall:
(a) To the extent possible using the
			 best technology currently available:
1. Ensure
			 that electric powerlines and other transmission facilities used for, or
			 incidental to, underground mining activities on the permit area are designed
			 and constructed to minimize electrocution hazards to raptors, except where the
			 cabinet determines that these requirements are unnecessary;
2. Locate and operate haul and access roads
			 so as to avoid or minimize impacts on important fish and wildlife species or
			 other species protected by state or federal law;
3. Design fences, overland conveyors, and
			 other potential barriers to permit passage of large mammals, except where the
			 cabinet determines that the designs are unnecessary; and
4. Fence, cover, or use other appropriate
			 methods to exclude wildlife from ponds which contain hazardous concentrations
			 of toxic-forming materials.
(b) Avoid disturbances to, enhance where
			 practicable, restore, or replace, wetlands, and riparian vegetation along
			 rivers and streams and bordering ponds and lakes; and
(c) Avoid disturbances to, enhance where
			 practicable, or restore, habitats of unusually high value for fish and
			 wildlife.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:190 - Backfilling and grading

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.093,
				350.100,
				350.151,
				350.405,
				350.410,
				350.450,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				817.102
				-.106, 917,
				30 U.S.C. 1253,
				1255,
				1266
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth requirements for backfilling and grading of areas affected by
				surface operations, including requirements for backfilling and grading of
				face-up areas and other cut slopes and limited exemptions, timing of
				backfilling and grading, covering coal and acid and toxic materials, and
				regrading or stabilizing rills and gullies.
Section
			 1. Timing of Backfilling and Grading. Surface areas disturbed
			 incident to underground mining activities shall be backfilled and graded in
			 accordance with a relative time-schedule approved by the cabinet in accordance
			 with
			 405 KAR
			 18:020.
Section
			 2. General Backfilling and Grading Requirements.
(1) Except as provided in subsection (8) of
			 this section, all disturbed areas shall be returned to their approximate
			 original contour. All spoil shall be transported, placed in a controlled
			 manner, backfilled, compacted (where advisable to ensure stability or to
			 prevent leaching of toxic materials), and graded to:
(a) Eliminate all highwalls (except as
			 otherwise provided in Section 5 of this administrative regulation), spoil
			 piles, and depressions (excluding depressions and impoundments approved
			 pursuant to subsection (4) or (5) of this section);
(b) Ensure a long-term static factor of
			 safety of at least one and three-tenths (1.3) for all portions of the reclaimed
			 land;
(c) Achieve a postmining
			 slope which does not exceed the angle of repose and which does prevent
			 slides;
(d) Minimize erosion and
			 adverse effects on surface and groundwater both on and off the site;
			 and
(e) Support the approved
			 postmining land use.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:200 - Revegetation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.093,
				350.095,
				350.100,
				350.151,
				350.405,
				350.410,
				350.420,
				350.435,
				350.465,
				30 C.F.R. Parts 730-733, 735,
				817.111-817.116,
				917,
				30 U.S.C. 1253,
				1255,
				1266
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth requirements for revegetation of areas affected by surface
				operations and facilities of underground mining activities, including
				requirements for temporary and permanent vegetative cover, use of introduced
				species, timing of revegetation, mulching and other soil stabilizing practices,
				standards for measuring revegetation success, and reporting
				requirements.
Section 1. General
			 Requirements.
(1)
(a) Each permittee shall establish on all
			 areas affected by surface operations and facilities a diverse, effective, and
			 permanent vegetative cover that meets the requirements of this administrative
			 regulation and the revegetation provisions of
			 405
			 KAR 18:180, and that supports the approved postmining
			 land use.
(b) For prime farmland
			 areas, the requirements of
			 405 KAR 20:040
			 shall apply in lieu of the productivity standards of this administrative
			 regulation unless those areas are exempted by
			 405 KAR
			 8:050, Section 3, in which case the productivity
			 standards of this administrative regulation shall apply.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:220 - Postmining land use capability

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.093,
				350.095,
				350.100,
				350.151,
				350.410,
				350.450,
				350.465,
				30 C.F.R. Parts 730-733, Part 735,
				817.133,
				Part 917,
				30 U.S.C. 1253,
				1255,
				1266
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.465 requires the Energy and Environment
				Cabinet to promulgate administrative regulations establishing performance
				standards for protection of people and property, land, water and other natural
				resources, and aesthetic values, during underground mining activities and for
				restoration and reclamation of surface areas affected by underground mining
				activities. This administrative regulation establishes requirements for
				restoring surface land use capability after completion of underground mining
				activities, and specific criteria for approval of postmining land uses that
				differ from the premining land use.
Section
			 1. General.
(1) Prior to the
			 final release of the performance bond, affected areas shall be restored in a
			 timely manner:
(a) To conditions capable of
			 supporting the uses which the areas were capable of supporting before any
			 mining; or
(b) To conditions
			 capable of supporting higher or better alternative uses as approved by the
			 cabinet under Section 4 of this administrative regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:230 - Roads

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.085,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part requires the cabinet to promulgate rules and administrative
				regulations establishing performance standards for protection of people and
				property, land, water and other natural resources, and aesthetic values, during
				underground mining activities and for restoration and reclamation of surface
				areas affected by underground mining activities. This administrative regulation
				sets forth requirements for the location, design, construction, maintenance,
				and removal or permanent retention of roads and associated drainage
				structures.
Section 1. General.
(1) Each permittee shall design, construct,
			 utilize, and maintain roads and restore the area to meet the requirements of
			 this administrative regulation and to control or minimize erosion and
			 siltation, air and water pollution, and damage to public or private
			 property.
(2) To the extent
			 possible using the best technology currently available, roads shall not cause
			 damage to fish, wildlife and related environmental values and shall not cause
			 additional contributions of suspended solids to stream flow or to run off
			 outside the permit area. Any such contributions shall not be in excess of
			 limitations of state or federal law.
(3) The design and construction of roads
			 shall be certified by a qualified registered professional engineer as being in
			 accordance with Sections 2 through 5 of this administrative regulation, except
			 to the extent that alternative specifications are used. Alternative
			 specifications may be used only after approval by the cabinet upon a
			 demonstration by a qualified registered professional engineer that they will
			 result in performance, with regard to safety, stability and environmental
			 protection, equal to or better than that resulting from roads complying with
			 the specifications of this administrative regulation.
(4) All roads shall be removed and the
			 affected land regraded and revegetated in accordance with the requirements of
			 Section 7 of this administrative regulation unless:
(a) Retention of the road is approved as part
			 of the approved postmining land use or as being necessary to control erosion
			 adequately;
(b) The necessary
			 maintenance is assured; and
(c) All
			 drainage is controlled according to Section 4 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 18 - Performance Standards for Underground Mining Activities › Section 405 KAR 18:260 - Other facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.020,
				350.028,
				350.151,
				350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
				the cabinet to promulgate administrative regulations establishing performance
				standards for protection of people and property, land, water and other natural
				resources, and aesthetic values, during underground mining activities and for
				restoration and reclamation of surface areas affected by underground mining
				activities. This administrative regulation establishes general requirements for
				the design, construction, and maintenance of support facilities and
				transportation facilities other than roads, and the restoration of areas
				affected by these facilities.
Section
			 1. Other Transportation Facilities. Railroad loops, spurs,
			 sidings, surface conveyor systems, chutes, aerial tramways, or other transport
			 facilities within the permit area shall be designed, constructed, and
			 maintained, and the area restored to:
(1)
			 Prevent, to the extent possible using the best technology currently available:
(a) Damage to fish, wildlife, and related
			 environmental values; and
(b)
			 Additional contributions of suspended solids to stream flow or run off outside
			 the permit area. Any such contribution shall not be in excess of limitations of
			 state or federal law.