405 KAR 5:078.
TO: KRS 350.010(2), 350.240, 350.300
AUTHORITY: KRS 350.028, 350.029, 350.240, 350.300
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.
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.
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.
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
2. Incorporation by Reference. (1) "Request for Noncoal Reclamation
Deferral, NCR-15", March, 1990, is incorporated by reference.
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.)