401 KAR 4:100. Wild rivers boundaries.
RELATES TO: KRS 146.241, 146.250
STATUTORY AUTHORITY: KRS 146.270,
224.01-110, 224.10-100
NECESSITY, FUNCTION, AND CONFORMITY: KRS
146.250 directs the Secretary to determine generally the boundaries of the Wild
Rivers designated in KRS 146.240. The boundaries must include at least the
visual horizon of the stream but not extend more than 2,000 feet from the
center of the stream. The statute further requires that the Secretary designate
access points at the upper and lower boundaries of each stream. This
administrative regulation incorporates by reference maps adopted and filed with
the regulation delineating the general boundaries of each stream area and
specifies the access points to each area. The maps are incorporated by
reference as they are too large and cumbersome for reproduction. Copies of the
maps are available by request from the Division of Water, 200 Fair Oaks Lane,
Frankfort, Kentucky 40601.
Section 1. The boundaries of the stream
area of the Cumberland River are as delineated on the map captioned
"Designated Wild River Area, Cumberland River," which map is hereby
adopted and incorporated herein by reference. The upper access point is the
area where Ky. 204 approaches the Cumberland River below Summer Shoals and the
lower access point is at Cumberland Falls State Park.
Section 2. The boundaries of the stream
area of the Red River are as delineated on the map captioned "Designated
Wild River Area, Red River," which map is hereby adopted and incorporated
herein by reference. The upper access point is the area where Ky. 746 crosses
the Red River and the lower access point is the area where Ky. 715 crosses the
river.
Section 3. The boundaries of the stream
area of the Rockcastle River are as delineated on the map captioned
"Designated Wild River Area, Rockcastle River," which map is hereby
adopted and incorporated herein by reference. The upper access point is the
area where Ky. 80 crosses the Rockcastle River and the lower access point is
the area where Ky. 192 crosses the river.
Section 4. The boundaries of the stream
area of the Green River are as delineated on the map captioned "Designated
Wild River Area, Green River," which map is hereby adopted and
incorporated herein by reference. The upper access point is the area where
Dennison Ferry Road meets the Green River and the lower access point is the
area of Lock No. 6 on the Green River.
Section 5. The boundaries of the stream
area of the Big South Fork of the Cumberland River are as delineated on the map
captioned, "Designated Wild River Area, Big South Fork, Cumberland
River," which map is hereby adopted and incorporated herein by reference.
The upper access point is the area where Difficulty Creek joins the Big South
Fork and the lower access point is the area where the Blue Heron Road ends.
Section 6. The boundaries of the stream
area of Martins Fork of the Cumberland River are as delineated on the map
captioned "Designated Wild River Area, Martins Fork, Cumberland
River," which map is hereby adopted and incorporated herein by reference.
The upper access point is the area where Martins Fork flows from the Cumberland
Gap National Historical Park and the lower access point is the area where Ky.
987 crosses the mouth of Laurel Branch Creek.
Section 7. The boundaries of the stream
area of Rock Creek are as delineated on the map captioned "Designated Wild
River Area, Rock Creek," which map is hereby adopted and incorporated
herein by reference. The upper access point is the area where the Rock Creek Bell
Farm Road crosses Big Branch. The lower access point is at the White Oak
Junction Bridge.
Section 8. The boundaries of the Little
South Fork of the Cumberland River are as delineated on the map captioned
"Designated Wild River Area, Little South Fork, Cumberland River,"
which map is hereby adopted and incorporated herein by reference. The upper
access point is the area where the East Coopersville Road fords the Little
South Fork and the lower access point is the area where the Lower Morrow Hollow
Road crosses the Little South Fork.
Section 9. The boundaries of the stream
area of Bad Branch are as delineated on the map captioned "Designated Wild
River, Bad Branch," which map is hereby adopted and incorporated herein by
reference. The upper access point is the headwaters on Pine Mountain and the
lower access point is the area where Ky. 932 crosses Bad Branch. (Recodified
from 400 KAR 1:010, 6-25-85; Am. 15 Ky.R. 281; 991; eff. 10-26-88; TAm eff.
11-25-2008.)