405 Kar 16:010. General Provisions

Link to law: http://www.lrc.ky.gov/kar/405/016/010.htm
Published: 2015

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      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.)