405 KAR 30:390. Backfilling and grading

Link to law: http://www.lrc.ky.gov/kar/405/030/390.htm
Published: 2015

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      405 KAR 30:390. Backfilling and grading.


      RELATES TO: KRS 350.600


224.033, 350.028, 350.050, 350.600


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 requirements relating to the backfilling

and grading of areas affected by oil shale operations.


      Section 1. Postmining final graded slopes

need not be uniform nor does the mined area have to be backfilled to achieve

the approximate original contour of the land surface.


      Section 2. Spoil, spent shale and other

wastes may be disposed of in the mined area provided it is demonstrated to the

satisfaction of the cabinet by hydrological means and chemical and physical

analyses that these waste materials are suitable for use as fill material and

that use of these materials will not adversely affect water quality, water

flow, and vegetation; will not present hazards for public health and safety;

and will not cause instability in the backfilled area.


      Section 3. Covering and Stabilizing. (1)

Any acid-forming or toxic-forming materials, combustible materials, or any

other mining waste materials that are exposed, used, or produced during mining

shall be covered with a minimum of four (4) feet of nontoxic and nonacid forming

material; or, if necessary, treated in order to prevent water pollution and

sustained combustion, and to minimize adverse effects on plant growth and land

uses. These four (4) feet of nontoxic, nonacid forming material do not include

the topsoil or topsoil substitute material required in 405 KAR 30:290 relating

to topsoil and 405 KAR 30:280 covering prime farmland. Acid-forming or

toxic-forming material shall not be buried or stored in proximity to a drainage

course so as to pose a threat of water pollution or otherwise adversely affect

the hydrologic balance.

      (2) Backfilled materials shall be

selectively placed and compacted as necessary to prevent leaching of

acid-forming and toxic-forming materials into surface or subsurface waters and

wherever necessary to ensure the stability of the backfilled materials. The

method of compacting backfill material and the design specifications shall be approved

by the cabinet before the acid-forming or toxic-forming materials are covered.

      (3) Where highwalls are created during

mining which contain various geologic zones with substantially different

weathering rate, the permittee shall, at a minimum, backfill all zones which

are overlain by a formation with a much slower weathering rate.

      (4) All backfilling shall be placed and

compacted to achieve a minimum static safety factor of one and three-tenths

(1.3) or higher if deemed necessary by the cabinet based on specific site conditions.

      (5) Spent shale shall be disposed of in

mined areas in accordance with the requirements of 405 KAR 30:370, Sections

1(1) and 2 of this administrative regulation.


      Section 4. (1) Where deemed necessary by

the cabinet impervious liner(s) will be required in backfill areas to protect

water quality, water flow, water quantity, and vegetation, and to prevent

hazards to public health and safety.

      (2) The cabinet shall approve the type

and order in which all materials are backfilled.


      Section 5. Grading Along the Contour. All

final grading, preparation of overburden before replacement of topsoil or

topsoil substitute, and placement of topsoil, in accordance with the provisions

of 405 KAR 30:290, shall be conducted in a manner which minimizes erosion and

provides a surface for replacement of topsoil which will minimize slippage.


      Section 6. Regrading or Stabilizing Rills

and Gullies. When rills or gullies deeper than nine (9) inches form in areas

that have been regraded and the topsoil or topsoil substitute material replaced

but vegetation has not yet been established, the permittee shall fill, grade,

or otherwise stabilize the rills and gullies and reseed or replant the areas in

accordance with 405 KAR 30:400 with regard to revegetation. The cabinet shall

specify that rills or gullies of lesser size be stabilized if the rills or

gullies will be disruptive to the approved postmining land use or may result in

additional erosion and sedimentation.


      Section 7. Small Depressions. If approved

by the cabinet, small depressions may be constructed to minimize erosion,

conserve soil moisture, or promote revegetation. The depressions shall be

compatible with the approved postmining land use and shall not be inappropriate

substitutes for construction of lower grades on the reclaimed lands. Depressions

approved under this section shall have a holding capacity of less than one (1)

cubic yard of water or, if it is necessary that they be larger, shall not

restrict normal access throughout the area or constitute a hazard.


      Section 8. Permanent Impoundments. If

approved in the postmining land use plan, permanent impoundments may be

retained on mined and reclaimed areas. No impoundments shall be constructed on

top of areas in which mining and processing waste materials or spent shale are

deposited. Impoundments shall not be used to meet the requirements of Section 4

of this administrative regulation with regard to covering of acid-forming and

toxic-forming materials, spent shale or other waste materials. (8 Ky.R. 133;

Am. 489; eff. 3-1-82; 9 Ky.R. 964; eff. 10-5-83; TAm eff. 8-9-2007.)