405 KAR 16:170. Stabilization of surface areas

Link to law: http://www.lrc.ky.gov/kar/405/016/170.htm
Published: 2015

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      405 KAR 16:170.

Stabilization of surface areas.



224.033, 350.020, 350.465


AUTHORITY: KRS Chapter 13A, 350.028, 350.465


FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the

cabinet to promulgate rules and administrative regulations establishing

performance standards for the protection of people, property, land, water,

natural resources, and aesthetic values during surface mining activities and

for the restoration and reclamation of surface areas affected by mining

activities. This administrative regulation sets forth requirements for the

stabilization of surface areas with specific measures for the control of

fugitive dust.


      Section 1.

Stabilization of Surface Areas. All exposed surface areas shall be protected

and stabilized to effectively control and limit erosion and air pollution

attendant to erosion (fugitive dust).


      Section 2.

Control Measures. The fugitive dust control measures to be used shall include,

as necessary, but not be limited to:

      (1) Periodic

watering of unpaved roads;

      (2) Chemical

stabilization of unpaved roads with proper application of nontoxic soil cement

or dust palliatives;

      (3) Paving of


      (4) Prompt

removal of coal, rock, soil, and other dust-forming debris from roads and

frequent scraping of and compaction of unpaved roads to stabilize the road



Revegetating, mulching, or otherwise stabilizing the surfaces of all areas

adjoining roads that are sources of fugitive dust;

      (6) Restricting

the travel of vehicles on areas other than established roads;

      (7) Minimizing

the area of disturbed land;

      (8) Prompt

revegetation or other stabilization of disturbed lands; and

      (9) Planting of

special windbreak vegetation at critical points in the permit area. (8 Ky.R. 1547;

eff. 1-6-83; Am. 11 Ky.R. 1850; eff. 8-13-85.)