405 KAR 3:080.
Topsoil handling and revegetation.
RELATES TO: KRS
AND CONFORMITY: KRS 350.151 requires the Environmental and Public Protection
Cabinet to adopt rules and administrative regulations for the surface effects
of underground coal mining. This administrative regulation sets forth requirements
relating to revegetation or the handling of topsoil.
Section 1. Topsoil
Handling. Topsoil shall be removed as a separate operation from areas to be
disturbed by surface operations, such as roads and areas upon which support
facilities are to be sited. Selected overburden materials may be used instead
of, or as a substitute for topsoil where the resulting soil medium is
determined by the cabinet to be equal to or more suitable for revegetation.
Topsoil shall be segregated, stockpiled, and protected from wind and water
erosion, or contaminants. Disturbed areas no longer required for the conduct of
mining operations shall be regraded, topsoil distributed, and revegetated.
Revegetation. The permittee shall establish on all land that has been disturbed
by mining operations a diverse, effective, and permanent vegetative cover
capable of self-regeneration and plant succession, and adequate to control soil
erosion. Introduced species may be substituted for native species if approved
by the cabinet. Introduced species shall meet applicable state and federal seed
or introduced species statutes, and may not include poisonous or potentially
toxic species. (4 Ky.R. 415; eff. 5-3-78; Am. 517; 5 Ky.R. 225; eff. 8-23-78;
TAm eff. 8-9-2007.)