405 KAR 16:010.
General provisions.
RELATES TO: KRS
350.020, 350.090, 350.093, 350.151, 350.405, 350.410, 350.440, 350.445,
350.450, 350.465, 30 C.F.R. Parts 730-733, 735, 816.59, 816.79, 816.99,
816.131-816.132, 917, 30 U.S.C. 1253, 1255
STATUTORY AUTHORITY:
KRS Chapter 13A, 350.020, 350.028, 350.465, 30 C.F.R. Parts 730-733, 735,
816.59, 816.79, 816.99, 816.131-.132, 917, 30 U.S.C. 1253, 1255
NECESSITY, FUNCTION,
AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to
promulgate rules and administrative regulations establishing performance
standards for protection of people and property, land, water and other natural
resources, and aesthetic values, during surface mining activities and for
restoration and reclamation of surface areas affected by mining activities.
This administrative regulation contains general performance standards for
maximizing coal recovery, protection of underground mining, prevention and
correction of landslides, temporary cessation of operations, permanent abandonment
of operations, and protection of unmined barriers of coal left by underground
mining.
Section 1.
Applicability. The provisions of this chapter are applicable to all surface
mining activities conducted under 405 KAR Chapters 7 through 24. The provisions
of this chapter also apply to those special categories of surface mining
activities for which performance standards are set forth under 405 KAR 20:030
through 405 KAR 20:080 except to the extent that a provision of those
administrative regulations specifically exempts a particular category from a
particular requirement of this chapter.
Section 2. Coal
Recovery. Surface mining activities shall be conducted so as to maximize the
utilization and conservation of the coal, while utilizing the best appropriate
technology currently available to maintain environmental integrity, so that
reaffecting the land in the future through surface coal mining operations is
minimized.
Section 3.
Protection of Underground Mining. No surface mining activity shall be conducted
within 500 feet of any point of either an active or abandoned underground mine,
unless:
(1) If any of the
workings of the underground mine are active, the nature, timing, and sequence
of the surface mining activity are jointly approved by the cabinet, the MSHA,
and the Kentucky Office of Mine Safety and Licensing; and
(2) For both active
and abandoned underground mines, the surface mining activity results in
improved resource recovery, abatement of water pollution, or elimination of
hazards to the health and safety of the public.
Section 4. Slide and
Erosion Barriers. An undisturbed natural barrier shall be provided beginning at
the elevation of the lowest coal seam to be mined and extending from the
outslope for a minimum distance of fifteen (15) feet or greater distance as the
cabinet may determine is necessary to assure stability. The barrier shall be
retained in place to prevent slides and erosion.
Section 5. Slides.
At any time a slide occurs which may have a potential adverse effect on property,
health, safety, or the environment, the person who conducts the surface mining
activities shall notify the cabinet by the fastest available means and comply
with any remedial measures required by the cabinet.
Section 6. Permanent
Abandonment of Operations. (1) Notice required. On or before the date of
permanent abandonment of operations, the permittee shall provide written notice
to the cabinet that permanent abandonment is intended.
(2) Prior to
permanent abandonment, and prior to removal of necessary equipment from the
site, all affected areas shall be closed, backfilled, and otherwise permanently
reclaimed in accordance with the requirements of KRS Chapter 350, the
administrative regulations of 405 KAR, and the permit.
(3) All equipment,
underground openings, structures, or other facilities not required for
monitoring shall be removed and the affected areas reclaimed unless the cabinet
approves the retention of the equipment, openings, structures, or other
facilities as compatible with the postmining land use or as beneficial to
environmental monitoring.
Section 7. Temporary
Cessation of Operations. (1) Notice required. Prior to a temporary cessation of
operations which the permittee intends to last for thirty (30) days or more, or
as soon as it is known to the permittee that an existing temporary cessation
will last beyond thirty (30) days, the permittee shall provide written notice
to the cabinet that temporary cessation is anticipated. The notice shall state
to what extent equipment will be removed from the site during the temporary
cessation, and shall state the approximate date on which the permittee intends
that operations will be resumed.
(2) Temporary
cessation shall not relieve a permittee of the obligation to comply with 405
KAR 16:070, Section 1(1)(g) and the surface and groundwater monitoring
requirements of 405 KAR 16:110, and the obligation to comply with all
applicable conditions of the permit during the cessation.
(3) During temporary
cessations, equipment and facilities necessary to environmental monitoring or
to compliance with performance standards shall be made secure to the extent
practicable.
Section 8.
Protection of Unmined Barriers of Coal Left by Underground Mining. (1) Coal
shall not be removed from an unmined barrier of coal left by an underground
mine where the underground workings dip toward and approach the land surface,
unless the cabinet has approved the proposed coal removal under this section.
(2) The cabinet
shall approve the proposed coal removal if it determines that the removal meets
all other applicable requirements of 405 KAR Chapters 7-24 and KRS Chapter 350
and also meets at least one (1) of paragraphs (a)-(e) of this subsection:
(a) The removal will
not adversely affect the stability of the unmined barrier of coal;
(b) The removal will
completely eliminate or significantly reduce existing underground workings;
(c) The removal will
eliminate or significantly reduce an existing or potential threat to the health
or safety of the public resulting from the existing underground workings;
(d) The removal will
eliminate or significantly reduce existing or potential adverse impacts to the
quantity or quality of groundwater or surface water resulting from the existing
underground workings; or
(e) The unmined barrier
of coal is not necessary to protect the health or safety of the public or to
protect the quantity or quality of groundwater or surface water. (8 Ky.R. 1527;
eff. 1-6-83; Am. 12 Ky.R. 931; eff. 2-4-86; 15 Ky.R. 453; eff. 12-13-88; 21
Ky.R. 528; 1346; 1496; eff. 12-12-94; TAm eff. 8-9-2007.)