405 KAR 1:230. Steep

slope mining.

 

      RELATES TO: KRS

350.445

      STATUTORY AUTHORITY:

KRS 350.028

      NECESSITY, FUNCTION,

AND CONFORMITY: KRS 350.028 requires the Environmental and Public Protection

Cabinet to adopt rules and administrative regulations for the strip mining of

coal. This administrative regulation sets forth additional requirements for

strip mining on areas of steep slope.

 

      Section 1.

Permittees conducting strip mining operations on natural slopes that exceed

twenty (20) degrees, or on lesser slopes that require measures to protect the

area from disturbance, as determined by the cabinet after consideration of

soils, climate, the method of operation, geology, and other regional

characteristics, shall comply with all other applicable requirements of this

chapter and in addition shall comply with the following requirements:

      (1) Spoil, waste

materials or debris, including that from clearing and grubbing, and abandoned

or disabled equipment, shall not be placed or allowed to remain on the

downslope.

      (2) The highwall

shall be completely covered with spoil and the disturbed area graded to comply

with the provisions of 405 KAR 1:130 with regard to backfilling and grading.

Land above the highwall shall not be disturbed unless the cabinet finds that

the disturbance will facilitate compliance with the requirements of this

administrative regulation.

      (3) Material in

excess of that required to meet the provisions of 405 KAR 1:130 shall be

disposed of in accordance with the requirements of 405 KAR 1:140.

      (4) Woody materials

may be buried in the backfilled area only when burial does not cause, or add

to, instability of the backfill. Woody materials may be chipped and distributed

through the backfill when approved by the cabinet.

 

      Section 2. The

requirements of Section 1 of this administrative regulation do not apply where

strip mining is done on a flat or gently rolling terrain with an occasional

steep slope through which the mining proceeds and leaves a plain or

predominantly flat area; or where mining is governed by 405 KAR 1:240 as

related to mountaintop removal.

 

      Section 3. Small

operators as defined and qualified pursuant to 405 KAR 1:030, who are otherwise

exempted from certain requirements of this chapter, are not exempted from

Section 1(1) of this administrative regulation regarding the placement of

materials on downslopes. (4 Ky.R. 398; eff. 5-3-78; Am. 499; 5 Ky.R. 210; eff.

8-23-78; TAm eff. 8-9-2007.)