405 KAR 5:048.

Protection of environmental resources.

 

      RELATES TO: KRS

350.010(2), 350.240, 350.300

      STATUTORY

AUTHORITY: KRS 350.028, 350.029, 350.240, 350.300

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.028 authorizes

the Environmental and Public Protection Cabinet to promulgate administrative

regulations pertaining to noncoal mineral operations to minimize their adverse

effects on the citizens and the environment of the commonwealth. KRS 350.029

authorizes the cabinet to promulgate reasonable administrative regulations to

establish effective programs for the control of surface soil disturbance in

connection with mining as defined by the Interstate Mining Compact. KRS 350.240

authorizes the cabinet to promulgate reasonable administrative regulations for

the reclamation of land disturbed or removed in the mining of clay. KRS 350.300

authorizes the cabinet to formulate and establish an effective program and

standards for the conservation and use of mined land. This administrative

regulation establishes requirements for the protection of fish and wildlife

values and other environmental features.

 

      Section

1. Environmental Resources. (1) A mineral permittee shall, to the extent

possible, minimize disturbances and adverse impacts to fish and wildlife and

related environmental values.

      (2)

No mineral operation shall be conducted which will result in the adverse

effects to or modification of a wetland without the appropriate permits and

approvals.

      (3)

No mineral operation shall be conducted within the boundaries of the National

Park System; the National Wildlife Refuge System; the National System of

Trails; the National Wilderness Preservation System; national recreational

areas; state nature preserves dedicated pursuant to KRS 146.410; or state

wildlife management areas; the Wild and Scenic Rivers System, including study

rivers designated under section 5(a), of the Wild and Scenic Rivers Act (16

U.S.C. Sec. 1276(a)), or rivers or study river corridors as established in any

guidelines pursuant to that Act; rivers and their corridors designated under

the state Wild Rivers Act pursuant to KRS Chapter 146; or similar public lands.

      (4)

No land within 100 feet of an intermittent or perennial stream shall be

disturbed by mineral operations, except if appropriate permits or approvals

have been obtained.

      (5)

The cabinet shall prohibit a mineral operation on a natural hazard land if

necessary to protect the health, safety, or welfare of people, property, or the

environment. (30 Ky.R. 2433; eff. 8-26-2004.)