405 KAR 8:050.

Permits for special categories of mining.

 

      RELATES TO: KRS

350.093, 350.445, 350.450, 350.465

      STATUTORY

AUTHORITY: KRS Chapter 13A, 350.020, 350.028, 350.060, 350.093, 350.151,

350.450, 350.465

      NECESSITY,

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

cabinet to promulgate rules and administrative regulations pertaining to

permits for surface coal mining and reclamation operations, including certain

special categories of mining. This administrative regulation sets forth permit

application requirements for special mining categories including mining on

prime farmland, augering, in situ processes, off-site coal preparation plants,

mountaintop removal mining, and mining on steep slopes. This administrative

regulation sets forth the only variance from the requirement to return to

approximate original contour in steep slopes. This administrative regulation

sets forth the manner in which the contemporaneous reclamation requirements can

be met for combined surface and underground mining activities.

 

      Section 1. In

Situ Processing Activities. (1) Applicability. This section applies to any

person who conducts or intends to conduct surface coal mining and reclamation

operations utilizing in situ processing activities.

      (2) Application

requirements. Any application for a permit for operations covered by this

section shall be made according to all requirements of this chapter applicable

to underground mining activities. In addition, the mining and reclamation

operations plan for operation involving in situ processing activities shall

contain information establishing how those operations will be conducted in

compliance with the requirements of 405 KAR 20:080, including:

      (a) Delineation

of proposed holes and wells and production zone for approval of the cabinet;

      (b)

Specifications of drill holes and casing proposed to be used;

      (c) A plan for

treatment, confinement or disposal of all acid-forming, toxic-forming or

radioactive gases, solids, or liquids constituting a fire, health, safety or

environmental hazard caused by the mining and recovery process; and

      (d) Plans for

monitoring surface and groundwater and air quality, as required by the cabinet.

      (3) Criteria for

approval. No permit shall be issued for operations covered by this section

unless the cabinet first finds, in writing, upon the basis of a complete

application made in accordance with subsection (2) of this section that the

operation will be conducted in compliance with all requirements of this chapter

relating to underground mining activities, and 405 KAR 20:080 and 405 KAR

Chapter 18.

 

      Section 2.

Augering. (1) General. This section applies to any person who conducts or

intends to conduct surface coal mining and reclamation operations utilizing

augering operations. Any application for a permit for operations covered by

this section shall contain, in the mining and reclamation plan, a description

of the augering methods to be used and the measures to be used to comply with

405 KAR 20:030. No permit shall be issued for any operations covered by this

section unless the cabinet finds, in writing, that in addition to meeting all

other applicable requirements of this chapter, the operation will be conducted

in compliance with 405 KAR 20:030.

      (2) Augering on

previously mined lands.

      (a) In addition

to other requirements of 405 KAR Chapter 8, each application for a permit to

conduct auger mining on an area mined prior to May 3, 1978, and not reclaimed

to the standards of 405 KAR shall contain such information as the cabinet deems

necessary to describe the proposed affected area and method of operation and

show that the proposed method of operation will result in stable postmining

conditions, and reduce or eliminate adverse environmental conditions created by

previous mining activities.

      (b) If the

cabinet determines that the affected area cannot be stabilized and reclaimed

subsequent to augering or that the operation will result in adverse impact to

the proposed permit area or adjacent area, the permit shall not be issued.

      (c) The cabinet

shall, consistent with all applicable requirements of KRS Chapter 350 and 405

KAR Chapters 7 through 24, issue a permit if the applicant demonstrates that

the proposed surface coal mining operations will provide for reduction or

elimination of the highwall, or reduction or abatement of adverse impacts

resulting from past mining activities, or stabilization or enhancement of the

previously mined area.

      (d) The cabinet

shall ensure that all applicable performance standards can be met.

 

      Section 3. Prime

Farmlands. (1) Applicability. This section applies to any person who conducts

or intends to conduct surface coal mining and reclamation operations on prime

farmlands historically used for cropland. This section does not apply to:

      (a) Lands on

which surface coal mining and reclamation operations are conducted pursuant to

any permit issued prior to August 3, 1977.

      (b) Lands on

which surface coal mining and reclamation operations are conducted pursuant to

any renewal or revision of a permit issued prior to August 3, 1977. For the

purposes of this paragraph, "renewal" of a permit shall mean a

decision by the cabinet to extend the time by which the permittee may complete

mining within the boundaries of the original permit, and "revision"

of the permit shall mean a decision by the cabinet to allow changes in the

method of mining operations within the original permit area, or the decision of

the cabinet to allow incidental boundary changes to the original permit.

      (c) Lands

included in any existing surface coal mining operation, for which a permit was

issued for all or any part thereof prior to August 3, 1977, provided that:

      1. Such lands

are part of a single continuous surface coal mining operation begun under a

permit issued before August 3, 1977; and

      2. The permittee

had a legal right to mine the lands prior to August 3, 1977 through ownership,

contract, or lease but not including an option to buy, lease or contract; and

      3. The lands

contain part of a continuous recoverable coal seam that was being mined in a

single continuous mining pit (or multiple pits if the lands are proven to be a

part of a single continuous surface coal mining operation) begun under a permit

issued prior to August 3, 1977.

      4. A single

continuous surface coal mining operation is presumed to consist only of a

single continuous mining pit under a permit issued prior to August 3, 1977, but

may include noncontiguous parcels if the permittee can prove by clear and

convincing evidence that, prior to August 3, 1977, the noncontiguous parcels

were a part of a single permitted operation. For the purpose of this paragraph,

clear and convincing evidence includes, but is not limited to, contracts,

leases, deeds, or other properly executed legal documents (not including

options) that specifically treat physically separate parcels as one (1) surface

coal mining operation.

      5. For the

purposes of this paragraph a pit shall be deemed to be a single continuous

mining pit even if portions of the pit are crossed by a road, pipeline,

railroad or powerline or similar crossing.

      (d) The

following facilities associated with an underground mining activity, if the

facilities affect a minimal amount of land and if the facilities are actively

used over extended periods of time:

      1. Coal

processing plants;

      2. Support

facilities; and

      3. Roads.

      (2) Application

requirements. If land within the proposed permit area is identified as prime

farmland under 405 KAR 8:030, Section 21 or 405 KAR 8:040, Section 21, the

applicant shall submit a plan for the mining and restoration of the land. Each

plan shall contain, at a minimum:

      (a) A soil

survey of the permit area conducted by the SCS according to the standards of

the National Cooperative Soil Survey and in accordance with the procedures set

forth in U.S. Department of Agriculture Handbooks 436 "Soil Taxonomy"

(SCS) and 18 "Soil Survey Manual" (SCS) as incorporated by reference

in 405 KAR 7:015. The SCS establishes the standards of the National Cooperative

Soil Survey and maintains a National Soils Handbook which gives current

acceptable procedures for conducting soil surveys. The National Soils Handbook

is available for review at area and state SCS offices.

      1. The soil

survey shall include a soils map, a description of each soil mapping unit, and

profile descriptions of each soil using representative descriptions from the

soil survey area as determined by the SCS including, but not limited to,

soil-horizon depths, textures, pH values, and consistence for each prime

farmland soil unit within the permit area.

      2. In addition to

the representative soil profile description provided by the SCS, the applicant

may submit site-specific soil profile descriptions of the permit area prime

farmland soil mapping units. These descriptions shall be prepared by persons

meeting the qualification requirements of the SCS prime farmland specifications

incorporated by reference in 405 KAR 20:040. These descriptions must meet NCSS

standards and shall include the name, address and qualifications of the soil

scientist that prepared them. If such on-site descriptions are not obtained and

included in the application, then the representative soil profile descriptions

provided by the SCS shall be deemed by the cabinet as representative of the

soils in the permit area and the soil-horizon depths and other data therein

shall serve as a basis for determining whether reclaimed prime farmland areas

have been restored to proper depth and meet other reconstruction standards of

405 KAR 20:040, Section 4.

      3. Bulk density

of the prime farmland soils prior to mining shall be documented and included in

the application. These densities shall be obtained either by testing samples

from each soil mapping unit by ten (10) inch soil layers or by using estimates

provided for each soil series by the SCS.

      4. The cabinet

may require the applicant to provide information on other physical and chemical

soil properties as needed to make a determination that the applicant has the

technological capability to restore the prime farmland within the permit area

to the soil reconstruction standards of 405 KAR 20:040.

      (b) A detailed

plan for soil removal, storage, and reconstruction which demonstrates that the

applicant has the technological capability to comply with 405 KAR 20:040. The

plan shall include at a minimum:

      1. The proposed

methods and types of equipment to be used for soil removal, storage, and

reconstruction, including equipment operation patterns, use of ripping and

chiseling, stockpile locations and erosion control measures, etc.

      2. A description

of measures to be taken to avoid excessive compaction of soils.

      3. A description

of measures to be taken to ensure that soil removal, handling, and

reconstruction operations shall be conducted within soil moisture ranges that

will minimize compaction.

      4. A description

of any soil amendments to be applied.

      5. Maps, plans,

and cross-sections depicting the location and acreages of reconstructed prime

farmland soil mapping units, final grading configuration, drainage and erosion

control measures.

      6. Available

agricultural school studies or other scientific data for areas with comparable

soils, climate, and management (including water management) that demonstrate

that the proposed method of reclamation, including the use of soil mixtures or

substitutes according to the requirements of 405 KAR 20:040, if any, will

achieve, within a reasonable time, levels of yield equivalent to, or higher

than, those of nonmined prime farmland in the surrounding area. The

demonstration for soil substitutes or mixtures shall include analyses performed

by a qualified soil scientist and such analyses of physical and chemical

parameters of the original soils and the substitute soil materials or soil

mixtures as required by the cabinet (which shall be conducted by a qualified

laboratory).

      (c) A plan for

revegetation, crop production and demonstration of restoration of soil

productivity in conformance with 405 KAR 20:040, Section 5. The cabinet may

allow detailed cropping plans, including items such as identification of

reference crops, locations of test plots, and yield measurement methodologies,

to be submitted after issuance of the permit, as a revision to the permit,

provided that the permit is conditioned to require submission of the detailed

plan at least one (1) year prior to initiation of crop production on the

reclaimed area for the purpose of demonstration of compliance with 405 KAR

20:040. The initial revegetation plan, however, must be included in the

application before the permit is issued. Permits issued prior to February 4,

1986 shall be revised to comply with this paragraph at least one (1) year prior

to initiation of crop production on the reclaimed area for the purpose of

demonstration of compliance with 405 KAR 20:040.

      (3) Cabinet

consultation with the SCS.

      (a) Before any

permit is issued for areas that include prime farmlands, the cabinet shall

consult with the state conservationist, SCS.

      (b) The state

conservationist shall provide for the review of and comment on the proposed

method of soil reconstruction in the plan submitted under subsection (2) of

this section. If the state conservationist considers those methods to be

inadequate, he or she shall suggest revisions to the cabinet resulting in more

complete and adequate reconstruction.

      (4) Criteria for

approval. A permit for the mining and reclamation of prime farmland may be

granted by the cabinet, if it first finds, in writing, upon the basis of a

complete application, that:

      (a) The approved

proposed postmining land use of these prime farmlands will be cropland;

      (b) The permit

incorporates as specific conditions the contents of the plan submitted under

subsection (2) of this section, after consideration of any revisions to that

plan suggested by the state conservationist under subsection (3) of this

section;

      (c) The

applicant has the technological capability to restore the prime farmland,

within a reasonable time, to equivalent or higher levels of yield as nonmined

prime farmland in the surrounding area under equivalent levels of management;

and

      (d) The proposed

operations will be conducted in compliance with the requirements of 405 KAR

20:040 and other environmental protection performance and reclamation standards

for mining and reclamation of prime farmland of 405 KAR Chapters 7 through 24.

 

      Section 4.

Mountaintop Removal Mining. (1) Applicability. This section applies to any

person who conducts or intends to conduct surface mining activities by

mountaintop removal mining.

      (2) Mountaintop

removal mining means surface mining activities, where the mining operation

removes an entire coal seam or seams running through the upper fraction of a

mountain, ridge, or hill, except as provided for in 405 KAR 20:050, Section

1(6), by removing substantially all of the overburden off the bench and

creating a level plateau or a gently rolling contour, with no highwalls

remaining, and capable of supporting postmining land uses in accordance with

the requirements of this section.

      (3) Criteria for

approval. The cabinet may issue a permit for mountaintop removal mining,

without regard to the requirements of 405 KAR 16:190 to restore the lands

disturbed by such mining to their approximate original contour, if it first

finds, in writing, on the basis of a complete application, that the following

requirements are met:

      (a) The proposed

postmining land use of the lands to be affected will be an industrial,

commercial, agricultural, residential, or public facility (including

recreational facilities) use.

      (b) After

consultation with the appropriate land-use planning agencies, if any, the

proposed land use is deemed by the cabinet to constitute an equal or better

economic or public use of the affected land compared with the premining use.

      (c) The

applicant has presented specific plans for the proposed postmining land use and

appropriate assurances that such use will be:

      1. Compatible

with adjacent land uses;

      2. Obtainable

according to data regarding expected need and market;

      3. Assured of

investment in necessary public facilities;

      4. Supported by

commitments from public agencies where appropriate;

      5. Practicable

with respect to private financial capability for completion of the proposed

use;

      6. Planned

pursuant to a schedule attached to the reclamation plan so as to integrate the

mining operation and reclamation with the postmining land use; and

      7. Designed by a

registered engineer in conformance with professional standards established to

assure the stability, drainage, and configuration necessary for the intended

use of the site.

      (d) The proposed

use would be consistent with adjacent land uses and existing state and local

land use plans and programs.

      (e) The cabinet

has provided, in writing, an opportunity of not more than sixty (60) days to

review and comment on such proposed use to the governing body of general

purpose government in whose jurisdiction the land is located and any state or

federal agency which the cabinet, in its discretion, determines to have an

interest in the proposed use.

      (f) The

applicant has demonstrated that, in place of restoration of the land to be

affected to the approximate original contour under 405 KAR 16:190, the

operation will be conducted in compliance with the requirements of 405 KAR

20:050;

      (g) The

requirements of 405 KAR 20:050 are made a specific condition of the permit;

      (h) All other

requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24 are met by

the proposed operations;

      (i) The permit

is clearly identified as being for mountaintop removal mining.

      (4) Periodic

review.

      (a) Any permits

issued under this section shall be reviewed by the cabinet to evaluate the

progress and development of mining activities to establish that the permittee

is proceeding in accordance with the terms of the permit:

      1. Within the

sixth month preceding the third year from the date of its issuance;

      2. Before each

permit renewal; and

      3. Not later

than the middle of each permit term.

      (b) Any review

required under paragraph (a) of this subsection need not be held if the

permittee has demonstrated and the cabinet finds, in writing, within three (3)

months before the scheduled review, that all operations under the permit are

proceeding and will continue to be conducted in accordance with the terms of

the permit and requirements of KRS Chapter 350 and 405 KAR Chapters 7 through

24.

      (5)

Modifications of permit. The terms and conditions of a permit for mountaintop

removal mining may be modified at any time by the cabinet, if it determines

that more stringent measures are necessary to insure that the operation

involved is conducted in compliance with the requirements of KRS Chapter 350

and 405 KAR Chapters 7 through 24.

 

      Section 5. Steep

Slope Mining. (1) This section applies to any persons who conduct or intend to

conduct steep slope surface coal mining and reclamation operations, except:

      (a) Where an

applicant proposes to conduct surface coal mining and reclamation operations on

flat or gently rolling terrain, leaving a plain or predominantly flat area, but

on which an occasional steep slope is encountered as the mining operation proceeds;

      (b) Where a

person obtains a permit under the provisions of Section 4 of this

administrative regulation; or

      (c) To the

extent that a person obtains a permit incorporating a variance under Section 6

of this administrative regulation.

      (2) Any

application for a permit for surface coal mining and reclamation operations

covered by this section shall contain sufficient information to establish that

the operations will be conducted in accordance with the requirements of 405 KAR

20:060, Section 2.

      (3) No permit

shall be issued for any operations covered by this section, unless the cabinet

finds, in writing, that in addition to meeting all other requirements of this

chapter, the operation will be conducted in accordance with the requirements of

405 KAR 20:060, Section 2.

 

      Section 6.

Variances from Approximate Original Contour Restoration Requirements for

Nonmountaintop Removal, Steep Slope Mining. (1) The cabinet may issue a permit

for nonmountaintop removal, steep slope mining which includes a variance from

the requirements of 405 KAR 16:190, 18:190 and 20:060, Section 2(3) to restore

the disturbed areas to their approximate original contour. The permit may

contain such a variance only if the cabinet finds, in writing, that the

applicant has demonstrated, on the basis of a complete application, that the

requirements of 405 KAR 20:060, Section 3 are met.

      (2) If a

variance is granted under this section:

      (a) A statement

shall be listed on the permit making the requirements of 405 KAR 20:060,

Section 3 a specific condition.

      (b) The permit

shall be specifically marked as containing a variance from approximate original

contour.

      (3) Periodic

review.

      (a) Any permits

incorporating a variance issued under this section shall be reviewed by the

cabinet at least every thirty (30) months following the issuance of the permit

to evaluate the progress and development of the mining activities, to establish

that the permittee is proceeding in accordance with the terms of the variance.

      (b) If the

permittee demonstrates to the cabinet that the operations involved have been

and continue to be conducted in compliance with the terms and conditions of the

permit, the requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24,

the review required in paragraph (a) of this subsection need not be held.

      (4)

Modifications of permit. The terms and conditions of a permit incorporating a

variance under this section may be modified at any time by the cabinet, if it

determines that more stringent measures are necessary to insure that the

operations involved are conducted in compliance with the requirements of KRS

Chapter 350 and 405 KAR Chapters 7 through 24.

 

      Section 7.

Variances for Delay in Contemporaneous Reclamation Requirement in Combined

Surface and Underground Mining Operations. (1) Applicability.

      (a) This section

applies to any permittee or permittees who conduct or intend to conduct

combined surface mining activities and underground mining activities where

compliance with the time frames for reclamation as specified in 405 KAR 16:020,

Section 2, is not practicable and a delay is requested to allow underground

mining activities to be conducted before the reclamation operations for the

surface mining activities can be completed.

      (b) This section

provides only for delay in reclamation of surface mining activities, if that

delay will allow underground mining activities to be conducted to ensure both

maximum practical recovery of coal resources and to avoid multiple future

disturbances of surface lands or waters.

      (2) Application

requirements. Any applicant who desires to obtain a variance under this section

shall file with the cabinet complete applications for both the surface mining

activities and underground mining activities which are to be combined. The

mining and reclamation operation plans for these permits shall contain appropriate

narratives, maps, and plans which:

      (a) Show why the

proposed underground mining activities are necessary or desirable to assure

maximum practical recovery of coal;

      (b) Show how

multiple future disturbances of surface lands or waters will be avoided;

      (c) Identify the

specific surface areas for which a variance is sought and the particular

sections of KRS Chapter 350 and 405 KAR Chapters 7 through 24 from which a

variance is being sought;

      (d) Show how the

activities will comply with 405 KAR 16:010, Section 3 and other applicable

requirements of 405 KAR Chapters 7 through 24;

      (e) Show why the

variance sought is necessary for the implementation of the proposed underground

mining activities;

      (f) Provide an

assessment of the adverse environmental consequences and damages, if any, that

will result if the reclamation of surface mining activities is delayed; and

      (g) Show how

temporary off-site storage of spoil will be conducted to comply with the

requirements of KRS Chapter 350 and 405 KAR 18:190, Section 6.

      (3) Criteria for

approval. A permit incorporating a variance under this section may be issued by

the cabinet if it first finds, in writing, upon the basis of a complete

application filed in accordance with this section that:

      (a) The

applicant has presented, as part of the permit application, specific, feasible

plans for the proposed underground mining activities;

      (b) The proposed

underground mining activities are necessary or desirable to assure maximum

practical recovery of the mineral resources and will avoid multiple future

disturbances of surface land or waters;

      (c) The

applicant has satisfactorily demonstrated that the applications for the surface

mining activities and underground mining activities conform to the requirements

of 405 KAR Chapters 7 through 24 and that all other permits necessary for the

underground mining activities have been issued by the appropriate authority;

      (d) The surface

area of surface mining activities proposed for the variance has been shown by

the applicant to be necessary for implementing the proposed underground mining

activities;

      (e) No

substantial adverse environmental damage, either on-site or off-site, will

result from the delay in completion of reclamation otherwise required by KRS

Chapter 350 and 405 KAR 16:020;

      (f) The

operations will, insofar as a variance is authorized, be conducted in

compliance with the requirements of 405 KAR 16:010, Section 3 and other

applicable requirements of KAR Title 405;

      (g) Temporary

off-site storage of spoil will comply with the requirements of KRS Chapter 350

and 405 KAR 18:190, Section 6;

      (h) Liability

under the performance bond required to be filed by the applicant with the

cabinet pursuant to 405 KAR Chapter 10 will be for the duration of the

underground mining activities and until all requirements of 405 KAR Chapter 10

have been complied with; and

      (i) The permit

for the surface mining activities contains specific conditions:

      1. Specifying

the particular surface areas for which a variance is authorized; and

      2. Providing a

detailed schedule for reclamation in lieu of requirements of the time frames

specified in 405 KAR 16:020, Section 2.

      (4) Periodic

review. Variances granted under permits issued under this section shall be

reviewed by the cabinet no later than three (3) years from the dates of

issuance of the permit and any permit renewals.

 

      Section 8. Coal

Processing Plants Not Located Within the Permit Area of a Specified Mine. (1)

Applicability. This section applies to any person who operates or intends to

operate coal processing plants not within a permit area of a specific mine,

other than such plants which are located at the site of ultimate coal use.

      (2) Permit

required. Any person who operates or intends to construct or operate such a

coal processing plant shall obtain a permit from the cabinet under 405 KAR

Chapters 7 through 24.

      (3) Previously

exempted operations. This subsection applies only to those coal processing

plants subject to 405 KAR 20:070, Section 5.

      (a) On or before

February 1, 1986, all persons operating a coal processing plant who intend to

operate after August 1, 1986 shall file an initially complete (as defined in

405 KAR 8:010, Section 13(1)(a)) permit application under 405 KAR Chapters 7

through 24. No person may operate a coal processing plant after August 1, 1986

unless that operation is being conducted under a permit issued under 405 KAR

Chapters 7 through 24, except that a person may continue to operate a coal processing

plant after August 1, 1986 without a permit if:

      1. An initially

complete permit application has been timely filed. "Timely filed"

shall mean filed on or before February 1, 1986, or if filed within that time

but determined to be initially incomplete, resubmitted within fifteen (15)

calendar days of being served notice by the cabinet that the application is

initially incomplete. Such notice shall be served in accordance with 405 KAR

7:092, Section 5.

      2. The cabinet

has yet to issue or deny the permit; and

      3. The person

complies with the performance standards of 405 KAR 20:070.

      (b) The

applicant shall file a performance bond under 405 KAR Chapter 10 within sixty

(60) calendar days of being served notice of the decision by the cabinet to

issue the permit. Such notice shall be served in accordance with 405 KAR 7:092,

Section 5. If the performance bond is not filed within that time the cabinet

shall deny the permit application.

      (c) Any time

limits for cabinet action specified in 405 KAR 8:010 shall not apply to permit

applications filed under this subsection; provided, however, the cabinet shall

make every effort to timely review and issue or deny such permit applications

prior to August 1, 1986.

      (4) Application.

      (a) Any

application for a permit for operations covered by this section shall be in

accordance with 405 KAR 8:030 and, as applicable, 405 KAR 8:050 and shall

contain in the mining and reclamation plan, specific plans, including

descriptions, maps and drawings of the construction, operation, maintenance,

reclamation and removal of the coal processing plants. The plan shall

demonstrate that those operations will be conducted in compliance with 405 KAR

20:070.

      (b) For permit

applications for operations subject to subsection (3) of this section, the

requirements of 405 KAR 8:030, Section 21, and 405 KAR 8:050, Section 3, shall

not apply to lands disturbed by the coal processing plants prior to December 1,

1985.

      (c) Permit

applications for operations subject to subsection (3) of this section, which

were timely filed in accordance with subsection (3)(a)1 of this section, need not

contain the information required under 405 KAR 8:030, Sections 12, 13, 14(3),

and 15(4). Any such applicant failing to make a timely filing shall be required

to submit this information.

      (5) Criteria for

approval. No permit shall be issued for any operation covered by this section

unless the cabinet finds, in writing, that, in addition to meeting all other

applicable requirements of this chapter, the operations will be conducted in

compliance with the requirements of 405 KAR 20:070. (8 Ky.R. 1511; eff. 1-6-83;

Am. 12 Ky.R. 924; 1310; eff. 2-4-86; 15 Ky.R. 432; eff. 12-13-88.)