Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 16 - Performance Standards for Surface Mining Activities › Section 405 KAR 16:040 - Casing and sealing of drilled holes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				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
				surface mining activities and for restoration and reclamation of surface areas
				affected by mining activities. This administrative regulation sets forth
				requirements for temporary and permanent casing, sealing or other management of
				drill holes, boreholes, wells, or other exposed underground openings.
Section 1. General Requirements. Each
			 exploration hole, other drill or borehole, well, or other exposed underground
			 opening shall be cased, sealed, or otherwise managed as approved by the
			 cabinet, as necessary to prevent acid or other toxic drainage from entering
			 ground or 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 and adjacent area. If these openings are uncovered
			 or exposed by surface mining activities within the permit area they shall be
			 permanently closed, unless approved for water monitoring, or otherwise managed
			 in a manner approved by the cabinet. Use of a drilled hole or borehole or
			 monitoring well as a water well must meet the provisions of
			 405 KAR
			 16:060, Section 7. This section does not apply to
			 holes solely drilled and used for blasting.
Section 2. Temporary. Each exploration hole,
			 other drill or boreholes, wells and other exposed underground openings which
			 have been identified in the approved permit application for use to return coal
			 processing waste or water to underground workings, or to be used to monitor
			 ground water conditions, shall be temporarily sealed before use and protected
			 during use by barricades, or fences, or other protective devices approved by
			 the cabinet. These devices shall be periodically inspected and maintained in
			 good operating condition by the person who conducts the surface mining
			 activities.
Section 3. Permanent.
			 When no longer needed for monitoring or other use approved by the cabinet upon
			 a finding of no adverse effect, or unless approved for transfer as a water well
			 under
			 405 KAR
			 16:060, Section 7, each exploration hole, other
			 drilled hole or borehole, well, and other exposed underground opening shall be
			 capped, sealed, backfilled, or otherwise properly managed, as required by the
			 cabinet, under Section 1 of this administrative regulation and consistent with
			 30 CFR 75.1711.
			 Permanent closure measures shall be designed to prevent access to the mine
			 workings by people, livestock, fish and wildlife, and machinery, and to keep
			 acid or other toxic drainage from entering ground or surface waters.
STATUTORY AUTHORITY:
				  KRS 350.028,
				  350.465