Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 30 - Oil Shale Operations › Section 405 KAR 30:240 - Protection of fish, wildlife, and related environmental values

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
				the environment of the Commonwealth. This administrative regulation sets forth
				specific requirements and measures for the protection of fish, wildlife, and
				related environmental values and the enhancement of such resources where
				practicable.
Section 1. Protection of
			 Fish, Wildlife, and Related Environmental Values.
(1) Any permittee shall, to the extent
			 possible using the best technology currently available, minimize disturbances
			 and adverse impacts of the activities on fish, wildlife, and related
			 environmental values, and achieve enhancement of such resources where
			 practicable.
(2) A permittee shall
			 promptly report to the cabinet the presence in the permit area of any critical
			 habitat of a threatened or endangered species listed by the Secretary of the
			 Interior, any plant or animal listed by the Commonwealth of Kentucky as
			 threatened or endangered, or any bald or golden eagle, of which that person
			 becomes aware and which was not previously reported to the cabinet by that
			 person.
(3) A permittee shall
			 ensure that the design and construction of electric power lines and other
			 transmission facilities used for or incidental to the oil shale operation on
			 the permit area are in accordance with the guidelines set forth in
			 "Environmental Criteria for Electric Transmission System" (USDI, USDA (1970)),
			 or in alternative guidance manuals approved by the cabinet. Distribution lines
			 shall be designed and constructed in accordance with REA Bulletin 61-10
			 "Powerline Contacts by Eagles and Other Large Birds" or in alternative guidance
			 manuals approved by the cabinet.
(4) Each permittee shall to the extent
			 possible using the best technology currently available:
(a) Locate and operate haul and access roads
			 and overland conveyor systems so as to avoid or minimize impacts to important
			 fish and wildlife species or other species protected by state or federal
			 law;
(b) Fence roadways where
			 specified by the cabinet to guide locally important wildlife to roadway
			 underpasses. No new barrier shall be created in known and important wildlife
			 migration routes;
(c) Fence, cover,
			 or use other appropriate methods to exclude wildlife from ponds which contain
			 hazardous concentrations of toxic-forming materials;
(d) Restore, enhance where practicable, or
			 avoid disturbances to habitats of unusually high value for fish and
			 wildlife;
(e) Restore, enhance
			 where practicable, or maintain natural reparian vegetation on the banks of
			 streams, lakes, and other wetland areas;
(f) Afford protection to aquatic communities
			 by avoiding stream channels or restoring stream channels as required in
			 405 KAR
			 30:310, Section 2;
(g) Not use persistent pesticides on the area
			 during operations unless approved by the cabinet;
(h) To the extent possible prevent, control,
			 and suppress fires which are not approved by the cabinet as part of a
			 management plan;
(i) If fish and
			 wildlife habitat is to be a primary or secondary postmining land use, the
			 operator shall, in addition to the requirements of 405 KAR 38:400:
1. Select plant species to be used on
			 reclaimed areas, based on the following criteria: their proven nutritional
			 value for fish and wildlife; their uses as cover for fish and wildlife; and
			 their ability to support and enhance fish and wildlife habitat after release of
			 bonds; and
2. Distribute plant
			 groupings to maximize benefit to fish and wildlife. Plants should be grouped
			 and distributed in a manner which optimizes edge effect, cover, and other
			 benefits for fish and wildlife;
(j) Where cropland is to be the alternative
			 postmining land use on lands diverted from a fish and wildlife premining land
			 use, and where appropriate for wildlife and crop management practices,
			 intersperse the fields with trees, hedges or fence rows throughout the
			 harvested area to break up large blocks of monoculture and to diversify habitat
			 types of birds and other animals. Wetlands shall be preserved or created rather
			 than drained or otherwise permanently abolished; and
(k) Where the primary land use is to be
			 residential, public service, or industrial land use, intersperse reclaimed
			 lands with greenbelts, utilizing species of grass, shrubs and trees useful as
			 food and cover for birds and small animals, unless such greenbelts are
			 inconsistent with the approved postmining land use.