405 KAR 5:078.

Contemporaneous reclamation.

 

      RELATES

TO: KRS 350.010(2), 350.240, 350.300

      STATUTORY

AUTHORITY: KRS 350.028, 350.029, 350.240, 350.300

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 350.028 authorizes the Environmental and Public

Protection Cabinet to promulgate administrative regulations pertaining to

noncoal mineral operations to minimize their adverse effects on the citizens

and the environment of the commonwealth. KRS 350.029 authorizes the cabinet to

promulgate reasonable administrative regulations to establish effective programs

for the control of surface soil disturbance in connection with mining as

defined by the Interstate Mining Compact. KRS 350.240 authorizes the cabinet to

promulgate reasonable administrative regulations for the reclamation of land

disturbed or removed in the mining of clay. KRS 350.300 authorizes the cabinet

to formulate and establish an effective program and standards for the

conservation and use of mined land. This administrative regulation establishes

performance standards for timing of reclamation.

 

      Section

1. Contemporaneous Reclamation. (1) On lands where the method of mineral

operation produces a bench or where the surface mining is done on the contour,

grading shall be kept current with the removal of the mineral, which shall mean

within ninety (90) days following the mineral removal. Where special conditions

warrant, these requirements may be modified by the cabinet.

      (2)

On lands where the method of mineral operation is of the quarry type that

produces a deep pit, the final reclamation of the site shall follow completion

of mining within 180 days.

      (3)

On lands where the method of mineral operation is of the underground type, the

final reclamation of the site shall follow completion of mining within 180

days.

 

      Section

2. Incorporation by Reference. (1) "Request for Noncoal Reclamation

Deferral, NCR-15", March, 1990, is incorporated by reference.

      (2)

This material may be inspected, copied, or obtained, subject to applicable

copyright law, at the Department for Natural Resources, #2 Hudson Hollow,

Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (30 Ky.R.

2437; eff. 8-26-2004.)