Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:062 - Handling of materials

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				authorizes the Environmental and Public Protection Cabinet to promulgate
				administrative regulations pertaining to noncoal mineral operations to minimize
				their adverse effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation establishes requirements for
				backfilling and grading, handling of wastes, handling of acid or toxic-forming
				materials, topsoil handling and conditioning, disposal of excess spoil, and
				additional performance standards for mineral operations on steep slopes.
Section 1. Backfilling and Grading.
(1) General statement concerning backfilling.
			 All overburden that is not placed in approved excess spoil fills shall be
			 placed back in existing pits and graded.
(2) Surface drainage.
(a) Natural drainways in the area affected by
			 the mineral operation shall be kept free from overburden except if approved by
			 the cabinet in accordance with
			 405 KAR
			 5:032.
(b)
			 If, during the mineral operation, it is necessary to cross a natural drainway,
			 proper drainage structures shall be provided.
(c) Sufficient water retarding structures,
			 silt control structures, and diversion ditches, constructed as approved by the
			 cabinet in accordance with
			 405 KAR
			 5:032, shall be placed to control all runoff from the
			 mineral operation before the work begins. These structures shall be located as
			 near as possible to the disturbed area, and out-of-perennial streams unless
			 approved by the cabinet in accordance with
			 405 KAR
			 5:032.
(d)
			 Any water accumulating on a bench or similar area where the drainage is off the
			 mineral operation shall be pumped or siphoned into sediment control
			 structures.
(e) The moving of
			 overburden to release accumulated water shall be prohibited unless a drain-way
			 can be constructed with the approval of the cabinet. The cabinet may make this
			 approval if the cabinet finds that the release is necessary to prevent the
			 development of instability, and the release will not cause additional
			 environmental harm.
(3)
			 If the mineral operation produces a highwall, at least one (1) suitable access
			 shall be provided to lands above the highwall within each 4,000 feet of
			 distance along the highwall. In addition, access shall be provided as necessary
			 so no landowner is prevented access to his property.
(4) Spoil or overburden removed shall be
			 placed, graded, and stabilized so that soil erosion, surface disturbance, and
			 stream sedimentation will be minimized.
(5) All grading shall be kept current and
			 shall be completed before equipment pertinent to the mineral operation is moved
			 from the site unless approved, in writing, by the cabinet's inspector, after
			 making a finding that removal of the equipment is not in conflict with the
			 approved method of operation and will not impede compliance with
			 contemporaneous reclamation requirements.
(6) If conditions develop in the mineral
			 operation so that the approved reclamation plan and backfilling and grading
			 plan cannot be carried out as planned, modifications of the plan shall be
			 submitted by the mineral operator to the cabinet for approval in accordance
			 with
			 405 KAR
			 5:032.