405 Kar 3:010. Definitions

Link to law: http://www.lrc.ky.gov/kar/405/003/010.htm
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
      405 KAR 3:010.






KRS 350.151


AND CONFORMITY: KRS 350.151 requires the Environmental and Public Protection

Cabinet to adopt rules and administrative regulations for the surface effects

of underground coal mining. This administrative regulation defines essential

terms used in this chapter.


      Section 1.

Definitions. Unless otherwise specifically defined in this chapter or otherwise

clearly indicated by their context, terms in this chapter shall have the

meanings given in this administrative regulation.

      (1) "Acid

drainage" means water with a pH of less than six (6.0) discharged from

active or abandoned mines and from areas affected by strip mining operations or

by surface operations of underground coal mining.


"Acid-producing" or "acid-forming materials" means earth

materials that contain sulfide mineral or other materials which, if exposed to

air, water, or weathering processes, will cause acids that may create acid



"Approximate original contour" means that surface configuration

achieved by backfilling and grading of the area of land affected so that the

reclaimed area, including any terracing or access roads, closely resembles the

general surface configuration of the land prior to mining and blends into and

complements the drainage pattern of the surrounding terrain, with all highwalls

and spoil piles eliminated; water impoundments may be permitted where the

cabinet determines that they are in compliance with 405 KAR 3:190.

      (4) "Area of

land affected" means the area of land which has been or will be disturbed

by excavation or upon which activities have been or will be conducted or

facilities, equipment or materials have been or will be located in connection

with surface operations of underground coal mining or upon which surface

effects of underground coal mining have occurred or will occur.


"Aquifer" means a zone, stratum, or group of strata that can store

and transmit water in sufficient quantities for a specific use.

      (6) "Auger

mining" means a method of mining coal at a cliff or highwall by drilling

holes laterally into an exposed coal seam from the highwall and transporting

the coal along an auger bit to the surface.


"Bench" means a ledge, shelf or terrace formed in the contour method

of strip mining or formed in surface operations of underground coal mining.


"Department" means the Department for Natural Resources, Environmental

and Public Protection Cabinet.

      (9) "Coal"

means combustible, carbonaceous rock, classified as anthracite, bituminous,

subbituminous, or lignite by American Society for Testing and Materials (ASTM)

designation 0-388-66.


"Combustible material" means organic material that is capable of

burning either by fire or through a chemical process (oxidation) accompanied by

the evolution of heat and a significant temperature rise.


"Commissioner" means the Commissioner of the Department for Natural

Resources of the Environmental Public Protection Cabinet.


"Compaction" means the reduction of pore spaces among the particles

of soil or rock, generally done by running heavy equipment over the earth



"Cabinet" means the Environmental and Public Protection Cabinet.

      (14) "Disturbed

area" means those lands that have been affected by strip mining and

reclamation operations, or by surface operations of underground coal mining.


"Diversion" means a channel, embankment, or other manmade structure

constructed for the purpose of diverting water from one area to another.


"Downslope" means the land surface between a valley floor and the

projected outcrop of the lowest coal-bed being mined along each highwall.


"Embankment" means an artificial deposit of material that is raised

above the natural surface of the land and used to contain, divert, or store

water, support roads or railways, or other similar purposes.


"Erosion" means the detachment and movement of soil or rock fragments

by water, wind, ice, or gravity.

      (19) "Fill

bench" means that portion of the bench which is formed by depositing

overburden beyond the cut section.

      (20) "Final

grade" means the finished elevation of any surface disturbance prior to

replacement of topsoil.


"Groundwater" means subsurface water that fills available openings in

rock or soil materials such that they may be considered water-saturated.

      (22) "Gully

erosion" means the erosion process whereby water accumulates in narrow

channels over short periods and removes the soil from this narrow area to

depths greater than one (1) foot.


"Highwall" means the face of exposed overburden and coal in an open

cut of a surface or for entry to an underground coal mine.


"Hydrologic balance" means the relationship between the quality and

quantity of inflow to, outflow from, and storage in a hydrologic unit such as a

drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the

quantity and quality relationships between precipitation, run-off, evaporation,

and the change in ground and surface water storage.


"Hydrologic regime" or "hydrologic system" means the entire

state of water movement in a given area. It is a function of the climate, and

includes the phenomena by which water occurs as atmospheric water vapor, passes

into a liquid or solid form and falls as precipitation, moves thence along or

into the ground surface, and returns to the atmosphere as vapor by means of

evaporation and transpiration.

      (26) "Imminent

danger to the health and safety of the public" means the existence of any

condition, or practice, or any violation of a permit or other requirement of

applicable state laws and administrative regulations in the surface operations

of underground coal mining and reclamation operations, which condition,

practice, or violation could reasonably be expected to cause substantial

physical harm to persons outside the permit area before such condition,

practice, or violation can be abated. A reasonable expectation of death or

serious injury before abatement exists if a rational person, subjected to the same

condition or practice giving rise to the peril, would not expose himself to the

danger during the time necessary for abatement.


"Impoundment" means a closed basin formed naturally or artificially

built, which is dammed or excavated for the retention of water, sediment, or



"Intermittent or perennial stream" means a watercourse or part of a

watercourse that flows continuously during all (perennial) or for at least one

(1) month (intermittent) of the calendar year as a result of groundwater

discharge or surface run-off. The term does not include an ephemeral stream

which is one that flows for less than one (1) month of a calendar year and only

in direct response to precipitation in the immediate watershed and whose

channel bottom is always above the local water table.


"Leachate" means a liquid that has percolated through soil, rock, or

waste and has extracted dissolved or suspended materials.

      (30) "Method of

operation" means all aspects of the manner in which surface operations of underground

coal mining are carried out.

      (31) "Noxious

plants" means species that have been included on official state lists of

noxious plants for the State of Kentucky.


"Operations" means all of the activities, premises, facilities, areas

and equipment used to facilitate the process of producing coal from an

underground coal mine, to facilitate the removing of overburden for the purpose

of determining the location, quality or quantity of a natural coal deposit, or

to facilitate the cleaning, preparation or other processing of coal.


"Operator" means any person engaged in surface operations of

underground coal mining who removes or intends to remove more than 250 tons of

coal from the earth by underground mining within twelve (12) successive calendar

months or who removes overburden for the purpose of determining the location,

quality or quantity of a natural coal deposit.


"Outslope" means the exposed area sloping away from a bench or

terrace being constructed as a part of strip mining, surface operations of

underground coal mining, and/or reclamation operations.


"Overburden" means all of the earth and other materials, excluding

topsoil, which lie above a natural deposit of coal and also means such earth

and other material after removal from their natural state in the process of

strip mining.


"Permit" means the written document issued by the cabinet to the

permittee pursuant to this chapter.


"Permittee" means any person holding a valid permit to conduct

surface operations of underground coal mining and reclamation operations issued

by the cabinet pursuant to this chapter.


"Person" means any individual, partnership, corporation, association,

society, joint stock company, firm, company, or other business organization.


"Productivity" means the vegetative yield produced by a unit area for

a unit of time.

      (40) "Recharge

capacity" means the ability of the soils and underlying materials to allow

precipitation and run-off to infiltrate and reach the zone of saturation.


"Reclamation" means the reconditioning of the area affected by strip

mining or surface operations of underground coal mining.


"Recurrence interval" means the precipitation event expected to

occur, on the average, once in a specified interval. For example, the ten (10)

year, twenty-four (24) hour precipitation event would be that twenty-four (24)

hour precipitation event expected to be exceeded on the average once in ten

(10) years. Magnitude of such events are as defined by the National Weather Service

Technical Paper No. 40, "Rainfall Frequency Atlas of the U.

S.," May, 1961, and subsequent amendments or equivalent regional or

rainfall probability information developed therefrom.

      (43) "Rill

erosion" means an erosion process in which numerous small channels only

several inches deep are formed.


"Roads" mean access and haul roads constructed, used, reconstructed,

improved, or maintained for use in strip mining and reclamation operations or

surface operations of underground coal mining, including use by coal-hauling

vehicles leading to transfer, processing, or storage areas. The term includes

any such road used and not graded to approximate original contour within

forty-five (45) days of construction other than temporary roads used for

topsoil removal and coal haulage roads within the pit area. Roads maintained

with public funds such as all federal, state, county, or local roads are

excluded from the definition.


"Run-off" means precipitation that flows overland before entering a

defined stream channel and becoming stream-flow.

      (46) "Safety

factor" means the ratio of the available shear strength to developed shear

stress on a potential surface of sliding determined by accepted engineering



"Secretary" means the Secretary of the Environmental and Public Protection



"Sediment" means undissolved organic and inorganic material

transported or deposited by water.


"Sedimentation ponds" means any natural or artificial structure or

depression used to remove sediment from water and store sediment or other


      (50) "Sheet

erosion" means an erosion process whereby a uniform layer of soil is

removed from the land surface by run-off water.


"Significant, imminent environmental harm to land, air or water

resources" is determined as follows:

      (a) An environmental

harm is an adverse impact on land, air or water resources, including but not

limited to plant and animal life.

      (b) An environmental

harm is imminent if a condition, practice or violation exists which:

      1. Is causing such

harm; or

      2. May be reasonably

expected to cause such harm at any time before the end of a reasonable

abatement time.

      (c) An environmental

harm is significant if that harm is appreciable and not immediately reparable.


"Slope" means average inclination of a surface, measured from the

horizontal, normally expressed as a unit of vertical distance to a given number

of units of horizontal distance (e.g., 1v to 5h = 20 percent = 11.3 degrees).

      (53) "Soil

horizons" means contrasting layers of soil lying one below the other,

parallel or nearly parallel to the land surface. Soil horizons are

differentiated on the basis of field characteristics and laboratory data. The

three major soil horizons are:

      (a) "A

horizon." The uppermost layer in the soil profile often called the surface

soil. It is the part of the soil in which organic matter is most abundant, and

where leaching of soluble or suspended particles is the greatest.

      (b) "B

horizon." The layer immediately beneath the A horizon and often called the

subsoil. This middle layer commonly contains more clay, iron, or aluminum than

the A or C horizons.

      (c) "C

horizon." The deepest layer of the soil profile. It consists of loose

material or weathered rock that is relatively unaffected by biologic activity.


"Spoil" means overburden that has been removed during strip mining.


"Stabilize" means any method used to control movement of soil, spoil

piles, or areas of disturbed earth and includes increasing bearing capacity,

increasing shear strength, draining, compacting, or revegetating.

      (56) "Strip

mining" means the breaking of the surface soil in order to facilitate or

accomplish the extraction or removal of minerals, ores, or other solid matter;

any activity or process constituting all or part of a process for the

extraction or removal of minerals, ores, and other solid matter from its

original location; and the preparation, washing, cleaning, or other treatment

of minerals, ores, or other solid matter so as to make them suitable for commercial,

industrial, or construction use; but shall not include the extraction of coal

by a land owner for his own noncommercial use from land owned or leased by him;

the extraction of coal as an incidental part of federal, state, or local

government financed highway or other construction under administrative

regulations established by the cabinet nor shall it include the surface effects

or surface impacts of underground coal mining.


"Subirrigation" means irrigation of plants with water delivered to

the roots from underneath.

      (58) "Surface

effects of underground coal mining" means "surface operations of

underground coal mining" and the topographical, geological, hydrological,

physical, chemical, and biological impacts upon the land, water and air and

upon plants, animals and other organisms.

      (59) "Surface

operations of underground coal mining" means activities and associated

facilities, equipment, materials and premises on or above the surface of the

earth used in connection with or incident to an underground coal mine, and

shall include but not be limited to:

      (a) Areas of land

upon which such activities, facilities, equipment or materials are located or

disturb the natural land surfaces;

      (b) Adjacent areas

of land where use of such adjacent areas is incidental to such activities,

facilities, equipment, or materials;

      (c) Areas of land

disturbed or affected by the construction of new roads or the improvement or

use of existing roads for haulage or excavation or for access to the site of

such activities, facilities, equipment, or materials;

      (d) Activities,

facilities, equipment, materials, and premises for or incidental to the

washing, cleaning, concentrating, crushing, preparation, or other processing of

coal not involving a change in the chemical composition thereof;

      (e) Excavation,

haulage, workings, entryways, ventilation shafts, repair areas, storage areas,

loading areas, and shipping areas;

      (f) Disposal areas

for coal waste and preparation plant waste, including solid refuse piles,

slurry ponds, dams and impoundments which contain coal waste materials, dumps,

culm banks, and tailings;

      (g) Disposal areas

for rock and earth materials, including spoil piles, overburden piles, and

valley and head-of-hollow fills;

      (h) Holes,

depressions, sedimentation ponds or other impoundments; and

      (i) Other areas upon

which are situated facilities, equipment, materials, or other property

incidental to or resulting from such activities, facilities, equipment or


      (60) "Surface

water" means water, either flowing or standing, on the surface of the


      (61) "Suspended

solids" means organic or inorganic materials carried or held in suspension

in water and that will remain on a 0.45 micron filter.


"Toxic-forming materials" means earth materials or wastes which, if

acted upon by air, water, weathering, or microbiological processes, are likely

to produce chemical or physical conditions in soils or water that are

detrimental to biota or uses of water.


"Toxic-mine drainage" means water that is discharged from active or

abandoned mines and other areas affected by mining operations and which

contains a substance which through chemical action or physical effects is

likely to kill, injure, or impair biota commonly present in the area that might

be exposed to it.

      (64) "Valley

fill and head-of-hollow fill" means a structure consisting of any material

other than waste placed so as to encroach upon or obstruct to any extent any

natural watercourse other than those minor watercourses located on highland

areas where overland flow in natural rills and gullies is the predominant form

of run-off. Such fills are normally constructed in the uppermost portion of a

V-shaped valley in order to reduce the upstream drainage area (head-of-hollow

fills). Fills located farther downstream (valley fills) must have larger

diversion structures to minimize infiltration. Both fills are characterized by

rock underdrains and are constructed in compacted lifts from the toe to the

upper surface in a manner to promote stability.

      (65) "Waste"

means earth materials, which are combustible, physically unstable, or

acid-forming or toxic-forming, washed or otherwise separated from product coal

and are slurried or otherwise transported from coal processing facilities or

preparation plants after physical or chemical processing, cleaning, or

concentrating of coal.

      (66) "Water

table" means the upper surface of a zone of saturation, where the body of

groundwater is not confined by an overlying impermeable zone. (4 Ky.R. 401;

eff. 5-3-78; Am. 502; 5 Ky.R. 213; eff. 8-23-78; TAm eff. 8-9-2007.)