405 KAR 1:230. Steep
RELATES TO: KRS
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.
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
(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
(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.)