401 KAR 4:020.
General permit procedure exemptions.
RELATES TO: KRS
AUTHORITY: KRS 151.250(1), 224.10-100(17)
FUNCTION, AND CONFORMITY: This administrative regulation is necessary to exempt
from the permitting requirements of KRS 151.250 those dams, embankments and
other obstructions in and along streams of the Commonwealth which are not of
such size or type as to require approval by the Environmental and Public Protection
Cabinet in the interest of safety or retention of water supply. This administrative
regulation exempts only those activities which have been approved by the United
States Department of the Army pursuant to the specific criteria set forth in
its General Permit procedures.
Section 1. No
permit shall be required pursuant to KRS 151.250 for those activities in and
along the streams of the Commonwealth of Kentucky which are approved by the
United States Department of the Army in accordance with its General Permit
procedures as set out in Title 33 CFR 209.120(i)(2)(ix), and as published in
the Federal Register of 25 July, 1975, Volume 40, Number 144. (3 Ky.R. 767;