405 KAR 3:080. Topsoil handling and revegetation

Link to law: http://www.lrc.ky.gov/kar/405/003/080.htm
Published: 2015

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      405 KAR 3:080.

Topsoil handling and revegetation.

 

      RELATES TO: KRS

350.151

      STATUTORY AUTHORITY:

KRS 350.151

      NECESSITY, FUNCTION,

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.

 

      Section 2.

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.)