405 KAR 5:048.
Protection of environmental resources.
RELATES TO: KRS
350.010(2), 350.240, 350.300
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.
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.
No mineral operation shall be conducted which will result in the adverse
effects to or modification of a wetland without the appropriate permits and
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.
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.
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.)