405 KAR 16:210.
Postmining land use capability.
RELATES TO: KRS
350.093, 350.095, 350.100, 350.405, 350.410, 350.450, 350.465, 30 C.F.R. Parts
730-733, 735, 816.133, 917, 30 U.S.C. 1253, 1255, 1265
AUTHORITY: KRS Chapter 13A, 350.020, 350.028, 350.465, 30 C.F.R. Parts 730-733,
735, 816.133, 917, 30 U.S.C. 1253, 1255, 1265
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 sets forth requirements for
restoring land use capability after completion of surface mining activities,
and specific criteria for approval of postmining land uses which differ from
the premining land use.
General. (1) Prior to the final release of performance bond, affected areas
shall be restored in a timely manner:
conditions capable of supporting the uses which the areas were capable of
supporting before any mining; or
conditions capable of supporting higher or better alternative uses as approved
by the cabinet under Section 4 of this administrative regulation.
following land uses shall apply under this administrative regulation:
(c) Forest land;
(g) Fish and
land or no current use or land management.
Premining and Postmining Land Use. (1) The premining uses of land to which the
postmining land use is compared shall be those uses which the land previously
supported if the land has not been previously mined. The premining land use for
a specific area shall be determined based on the prevalent or dominant use,
vegetative types, and features present at that area; however, more than one (1)
land use can exist within a proposed permit boundary.
postmining land use for land that has been previously mined, and not reclaimed
in compliance with 405 KAR Chapter 1 or 3 or Chapters 7 through 24, shall be judged
on the basis of the land use that existed prior to any mining; except if the
land cannot be reclaimed to the land use that existed prior to any mining
because of the previously mined condition, the postmining land use shall be
judged on the basis of the highest and best use that can be achieved which is
compatible with surrounding areas and does not require the disturbance of areas
previously unaffected by mining.
farmland that has been historically used for cropland that is not exempted by 405
KAR 8:050, Section 3 shall have a postmining land use of cropland.
(4)(a) The land
use category of "undeveloped land or no current use or land
management" shall not be used to designate a postmining land use.
(b) If the
premining land use is "undeveloped land or no current use or land
management", and if consistent with subsection (2) of this section and
Section 3 of this administrative regulation:
1. If trees are
dominant on the area prior to mining, the area may be designated as forestland
for the postmining land use without compliance with the procedures and criteria
for an alternative postmining land use.
2. For all other
cases, the area may be designated as fish and wildlife for the postmining land
use without compliance with the procedures and criteria for an alternative
postmining land use.
limitations for specific postmining land uses. These limitations shall apply to
permits issued after the effective date of this amendment. Portions of the
permit area with slopes greater than twenty (20) percent (eleven and
three-tenths (11.3) degrees) shall not be designated as cropland, including hay
(6) Steep slope
operations with variances from approximate original contour shall comply with
the requirements of 405 KAR 20:060, Section 3(2), and mountaintop removal
operations shall comply with 405 KAR 8:050, Section 4(3).
Historical Land Use. If the premining use of the land was changed within five
(5) years of the date of application for a permit to conduct surface coal mining
and reclamation operations, the historical use of the land as well as the land
use immediately preceding the date of application shall be considered in
establishing the premining capability of the land to support a variety of
Alternative Postmining Land Use. Higher or better alternative postmining land
uses may be approved by the cabinet if the following criteria are met:
(1) There is a
reasonable likelihood that the land use will be achieved;
(2) The use will
not be impractical or unreasonable;
landowner or the land management agency having jurisdiction over the lands has
been consulted, and the proposed alternative postmining land use is consistent
with applicable land use policies and plans;
(4) The proposed
use will not present an actual or probable hazard to public health or safety or
threat of water pollution or diminution of water availability;
(5) The proposed
use will not involve unreasonable delays in implementation; and
(6) The proposed
use will not cause or contribute to violation of federal, state, or local law.
(8 Ky.R. 1553; eff. 1-6-83; Am. 18 Ky.R. 431; 1875; 2243; eff. 11-26-91.)