405 KAR 30:330. Sediment control measures

Link to law: http://www.lrc.ky.gov/kar/405/030/330.htm
Published: 2015

      405 KAR 30:330. Sediment control



      RELATES TO: KRS 151.250, 350.600


224.033, 350.028, 350.050, 350.600


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

sediment; and

      (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

pursuant thereto.

      (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.)
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