Kentucky Administrative Regulations › Title 805 - ENERGY AND ENVIRONMENT CABINET › Chapter 1 - Division of Oil and Gas › Section 805 KAR 1:170 - Content of the operations and reclamation plan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 349.015, 349.105, 349.120, 349.130, 349.155,
				353.180, 353.510, 353.520, 353.561 - 353.564, 353.590, 353.5901, 353.592,
				353.595, 353.597, 353.651, 353.652, 353.6601 - 353.6606, 353.730, 353.737,
				353.991
NECESSITY, FUNCTION, AND CONFORMITY: KRS 353.5901(1) requires
				an oil or gas well operator to submit to the Department for Natural Resources
				an operations and reclamation plan. KRS 349.130 requires an applicant for a
				coal bed methane well permit submit to the Department for Natural Resources an
				operations and reclamation proposal when applying for a permit. This
				administrative regulation establishes the content of the operations and
				reclamation plan, establishes the form on which that plan is to be filed, and
				establishes the form on which well transfers are indicated.
Section 1.
(1) The operations and reclamation plan shall
			 be filed on a completed and notarized Operations and Reclamation Plan, Form
			 OG-10.
(2) In addition to the
			 requirements set out in KRS 353.5901 and KRS 349.130, the following information
			 shall be submitted on Form OG-10:
(a)
1. The operator's and surface owner's names,
			 addresses, and telephone numbers;
2. The county in which the well is proposed
			 to be drilled; and
3. The well
			 number;
(b)
1. A listing or description of fertilizers
			 and soil amendments to be used and seed mixes or trees to be planted as
			 established in the table in this subparagraph.
RECOMMENDED HERBACEOUS MIXTURES FOR
							 REVEGETATION
Note: A species enclosed in parenthesis may be
							 substituted for the species to the left. Its seeding rate is enclosed in
							 parentheses.
Species Mixture
Seeding Rate (Pounds/acre PLS)
Spring - February 15 to May 15
1. Orchardgrass
10
White or Ladino clover
2
Red clover
6
2. Orchardgrass
10
White or Ladino clover
1
Red clover
4
Kobe lespedeza
10
3. Orchardgrass
10
Birdsfoot trefoil (Alfalfa)
8 (15)
Red clover
6
4. 31 Tall fescue
20
5. Wheat (Spring oats)
25 (32)
Switchgrass
10
Indiangrass
10
Big bluestem
5
Little bluestem
5
Birdsfoot trefoil
6
Except for mixture 5, add one (1) of the following
							 quick cover species to the selected permanent spring seeding mixture:
Wheat (before April 15)
30
Spring oats (before April 15)
32
Balbo rye (before April 15)
30
Perennial ryegrass
10
Annual ryegrass
5
Weeping lovegrass (after April 1)
2
Summer - May 15 to August 1
Orchardgrass
10
Kobe lespedeza
15
Red clover
4
White clover (Birdsfoot trefoil)
1 (6)
Alfalfa
12
Add one (1) of the following quick cover species to
							 the permanent summer seeding mixture:
Sorghum
20
Foxtail (German) millet
12
Japanese millet
15
Soybeans
40
Cowpeas
40
Pearl millet
10
31 Tall fescue
20
Fall - August 1 to October 1
1. Orchardgrass
10
White or Ladino clover
2
Red clover
6
2. Orchardgrass
10
Alfalfa (Birdsfoot trefoil)
15 (8)
Red clover
6
3. 31 Tall fescue
20
4. Deertongue
12
Birdsfoot trefoil
8
Red clover
6
Add one (1) of the following quick cover species to
							 the selected permanent fall seeding mixture:
Winter wheat
30
Balbo rye or Winter rye
30
Winter oats
32
Perennial ryegrass
10
Annual ryegrass
5
Mixtures for Wet or Poorly Drained Areas and Pond
							 Borders
Spring - February 15 to May 15
Japanese millet
10
Redtop (Reed ca-narygrass)
3 (15)
Alsike clover
4
31 Tall fescue
20
Common annual lespedeza (quick cover species)
10
Fall - August 1 to October 1
Redtop
3
Reed canarygrass
15
Alsike clover
6
31 Tall fescue
20
Common annual lespedeza (quick cover species)
10
Mixture for Areas to be Stocked With Woody
							 Plants
Spring or Fall Seeding
Redtop
3
Perennial ryegrass
5
Birdsfoot trefoil (Ap-palow lespedeza)
10 (20)
Foxtail millet (quick cover species)
5
If both Appalow lespedeza and birdsfoot trefoil are
							 used, cut their seeding rates in half.
2. The
			 requirements in subparagraph 1. of this paragraph shall apply for each affected
			 area requiring revegetation treatment; and
(c) A detailed map of the road, well
			 location, and proposed area of disturbance, which shall be in sufficient detail
			 to allow ready identification of surface features and which shall satisfy the
			 requirements established in subparagraphs 1. through 4. of this paragraph.
1.
a. The
			 surface owner's tract shall be identified on the map, with the name of the
			 surface owner if not listed on the legend.
b. The map shall indicate the acreage to be
			 disturbed.
2. The map may
			 be made over an enlarged section of the United States Geological Survey (USGS)
			 1:24000 topographic map, or an equivalent format, and shall be:
a. Enlarged to 1"=400'; and
b. Submitted on a minimum of an eight and
			 one-half (8 1/2) inch by fourteen (14) inches sheet, using the symbols
			 established on Form OG-10.
3. The map shall have a legend with the
			 operator's and surface owner's names not listed on the map, the scale of the
			 map, the well name and number, and the lease name. Within 500 feet of the
			 permitted wellsite boundary and 100 feet of the well site access road
			 centerline, the map shall show:
a. The
			 location of all features listed on the legend of form OG-10;
b. All water bodies; and
c. If reasonably ascertainable, public
			 utility infrastructure.
4. The map shall show the drainage pattern on
			 and away from the area to be affected, including the direction of flow,
			 proposed constructed drainways, natural drainways to be used for drainage, and
			 the streams or tributaries to receive discharges from the proposed
			 operation.
(3) A signature of the surface owner shall be
			 obtained in instances of a complete severance of the ownership of the oil, gas,
			 or coalbed methane from the ownership of the surface to be disturbed. Signatory
			 sections for the operator and surface owner shall be completed on Form OG-10
			 pursuant to paragraphs (a) and (b) of this subsection.
(a) The name and title, if any, of the
			 operator shall be indicated and his or her signature notarized.
1.
a. The
			 signature shall be either that of an officer of the company or of a person who
			 holds a duly recorded power of attorney to execute documents.
b. A copy of the power of attorney shall be
			 filed with the division.
2. If the prospective operator is an
			 individual, the signatory shall be in the same name as the applicant's. If
			 someone other than the applicant signs the form, the signatory shall hold a
			 duly recorded power of attorney.
(b) The surface owner's name shall be
			 indicated and his or her signature notarized if he or she approves of the
			 operations and reclamation plan, together with any attachments submitted with
			 it.