405 KAR 30:330. Sediment control
RELATES TO: KRS 151.250, 350.600
STATUTORY AUTHORITY: KRS 151.125,
224.033, 350.028, 350.050, 350.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS
380.600 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 for sediment control
Section 1. Sediment Control Required.
Appropriate sediment control measures shall be designed, constructed, and
maintained to prevent additional contributions of sediment to stream flow or to
run off outside the permit area using the best technology currently available.
In no event shall contributions be in excess of requirements set by applicable
state or federal law.
(1) Sediment control measures include
practices carried out within and adjacent to the disturbed 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 and the upstream area is not otherwise disturbed by the mining
operation. The scale of downstream practices shall reflect the degree to which
successful techniques are applied at the sources of the sediment. Sediment
control measures consist of the utilization of proper mining, reclamation
methods, and sediment control practices (singly or in combination) including
but not limited to:
(a) Disturbing the smallest practicable
area for good site management during the mining operation through progressive
backfilling and grading, and timely revegetation;
(b) Consistent with the requirements of
this chapter, shaping the backfill material to promote a reduction of the rate
and of run-off;
(c) Retention of sediment within the pit
and disturbed area;
(d) Diversion of overland and channelized
flow from undisturbed areas around or in protected crossings through the disturbed
(e) Utilization of straw dikes, riprap,
check dams, mulches, vegetative sediment filters, dugout ponds, and other
measures that reduce overland flow velocity, reduce run-off volume, or entrap
(f) Sedimentation ponds.
(2) Maximum utilization shall be made of
on-site sediment control practices.
(3) All surface drainage from the
disturbed area including disturbed areas which have been graded, seeded, or
planted shall be passed through a sedimentation pond or a series of
sedimentation ponds before leaving the permit area. Sedimentation ponds shall
be retained until drainage from the disturbed area has met the water quality requirements
and the revegetation requirements of these administrative regulations have been
met. All sedimentation ponds required shall be constructed in accordance with
this chapter and in appropriate locations prior to any mining in the affected
drainage area in order to control sedimentation or otherwise treat water.
Sedimentation ponds shall be certified by a qualified registered engineer as
having been constructed as designed and as approved by the cabinet.
Sedimentation ponds may be used individually or in series, and should be
located as near as possible to the disturbed area and where possible out of
major stream courses.
(4) Sediment shall be removed from
sedimentation ponds so as to assure maximum sediment removal efficiency and
attainment and maintenance of effluent limitations. 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 in accordance with 405 KAR 30:290.
(5) All sediment ponds shall be designed
by a registered professional engineer and at a minimum shall meet the
(a) Sediment ponds shall be designed,
constructed, and maintained to prevent short-circuiting.
(b) Sediment ponds shall provide a
detention period such that discharges from the pond resulting from the water
inflow or run-off entering the pond from a ten (10) year, twenty-four (24) hour
precipitation event and lesser events shall meet the effluent limitations of Appendix
A of 405 KAR 30:320.
(c) There shall be no outflow through the
emergency spillway during the passage through the sedimentation pond of the
inflow or run-off resulting from the ten (10) year, twenty-four (24) hour
precipitation event or lesser events.
(d) An appropriate combination of
principal and emergency spillways shall be provided to safely discharge the
run-off from a twenty-five (25) year, twenty-four (24) hour precipitation
event, or larger event specified by the cabinet. The elevation of the crest of
the emergency spillway shall be a minimum of one (1) foot above the crest of
the principal spillway. Emergency spillway grades and allowable velocities
shall be approved by the cabinet.
(e) Sediment control structures having an
embankment that is more than twenty-five (25) feet in height, as measured from
the natural bed of the stream or intercourse of the downstream toe of the embankment
to the low point in the top of the embankment or a maximum impounding capacity
of fifty (50) acre-feet or more shall be designed, constructed, and maintained
in accordance with KRS Chapter 151 and administrative regulations promulgated
(f) All sediment control structures shall
be designed and constructed to achieve a minimum static safety factor of one
and five-tenths (1.5) or larger if specified by the cabinet.
(6) In the design of sedimentation ponds
pursuant to this administrative regulation, the responsible design engineer
shall determine the structure hazard classification as set forth in 405 KAR
30:020 and the structure hazard classification shall be clearly shown on the
first sheet of the design drawings.
(7) Sedimentation ponds classified (B) -
moderate hazard or (C) - high hazard shall be approved by the cabinet, designed,
constructed and maintained according to the provisions of KRS 151.250 and administrative
regulations adopted pursuant thereto.
Section 2. The permittee shall forward a
certified copy of "as built" engineering plans for all dams or
structures which meet either of the following criteria to the Environmental and
Public Protection Cabinet, Division of Water, Frankfort, Kentucky 40601. Such
plans shall be provided immediately after construction is completed.
(1) The embankment is twenty-five (25) feet
or more in height measured from the natural bed of the stream or watercourse at
the downstream toe of the fill to the low point in the top of the embankment;
(2) The structure has an impounding
capacity of fifty (50) acre-feet or more at the lowest point in the top of the
Section 3. The cabinet may require other
actions necessary to ensure that the provisions of this administrative
regulation are met. (8 Ky.R. 127; Am. 488; eff. 3-1-82; TAm eff. 8-9-2007.)