405 KAR 5:050. Protection of surface water quantity and quality

Link to law: http://www.lrc.ky.gov/kar/405/005/050.htm
Published: 2015

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      405 KAR 5:050. Protection of surface water quantity and quality.



TO: KRS 350.010(2), 350.240, 350.300


AUTHORITY: KRS Chapter 13A, 350.028, 350.029, 350.240, 350.300


FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part, requires the

cabinet to promulgate administrative regulations pertaining to noncoal mineral

operations to minimize their adverse effects on the citizens and the

environment of the Commonwealth. This administrative regulation sets forth

general provisions and specifications for the protection of surface waters from

noncoal mineral operations.



1. General. (1) Appropriate protection measures shall be designed, constructed,

and maintained to minimize disturbance of surface water quantity and quality

within the permit area, to prevent material damage to surface water quantity

and quality outside the permit area, and to prevent additional contributions of

sediment to streamflow or to run-off outside the permit area.


Protection measures include practices carried out within and adjacent to the

disturbed area.


The scale of downstream practices shall reflect the degree to which successful

techniques are applied at the sources of the disturbance.


Surface water quantity and quality protection measures consist of the

utilization of proper mining, reclamation methods, and incorporated practices,

singly or in combination, including but not limited to:


Disturbing the smallest practicable area at any one time during the mineral

operation through progressive backfilling and grading, and timely revegetation;


Shaping the backfill material to encourage a reduction in the velocity of

run-off, to an extent which is consistent with the requirements of this



Retention of sediment within the pit and disturbed area;


Utilization of straw dikes, riprap, check dams, mulches, vegetative buffer

zones, dugout ponds, silt fence, and other measures that reduce overland flow

velocity, reduce run-off volume, and entrap sediment;


Utilization of other appropriate treatment facilities such as chemical

treatment for acid and metals; and


Sedimentation ponds.


Maximum utilization shall be made of on site sediment control practices.


All surface drainage from the disturbed area, including disturbed areas which

have been graded, seeded, or planted, shall pass through sediment control

structures and, where necessary, other treatment facilities that have been

approved by the cabinet, before leaving the permit area.


For the purpose of this administrative regulation, disturbed area shall not

include those areas in which only diversion ditches, sedimentation ponds, or

roads are installed in accordance with 405 KAR Chapter 5 and the upstream area

is not otherwise disturbed by the mineral permittee.


Sediment control structures shall be retained until untreated drainage from the

disturbed area has met the water quality requirements of the administrative

regulations of the Division of Water and the revegetation requirements of 405

KAR 5:070 have been met.


All sedimentation ponds required shall be constructed in accordance with this

chapter and placed in appropriate locations prior to any mining in the affected

drainage area in order to control sedimentation or otherwise treat water.


Sedimentation ponds may be used individually or in series, and shall be located

as near as possible to the disturbed area, and where possible, out of major

stream courses.


No mineral operation shall violate any state or federal water quality standard

or the effluent limitations established in the administrative regulations of

the Division of Water.


The cabinet may require other actions, above and beyond the requirements of

this administrative regulation, as necessary to ensure that surface waters are




2. Pond Design Specifications. At a minimum, all sedimentation ponds shall be

designed to meet the requirements for impoundments in 405 KAR 5:055 and the

following additional specifications:


Sedimentation ponds shall be designed, constructed, and maintained to prevent

short circuiting.


Sedimentation ponds shall be designed so that discharges from the pond shall

meet the effluent limitations of the administrative regulations of the Division

of Water.


The elevation of the crest of the emergency spillway shall be a minimum of one

and one-half (1.5) feet above the crest of the principal spillway.



3. Sediment Removal. (1) Sediment shall be removed from sedimentation ponds so

as to assure maximum sediment removal efficiency and attainment and maintenance

of effluent limitations of the administrative regulations of the Division of

Water or as directed by the cabinet.


Sediment removal shall be done in a manner that minimizes adverse effects on

surface waters due to its chemical and physical characteristics, on

infiltration, on vegetation, and on surface and groundwater quality.


Sediment that has been removed from sedimentation ponds and that meets the

requirements for topsoil may be redistributed over graded areas. (21 Ky.R. 756;

Am. 1131; 2109; eff. 2-22-95.)