405 KAR 18:230.
RELATES TO: KRS
350.020, 350.028, 350.085, 350.151, 350.465
AUTHORITY: KRS 350.020, 350.028, 350.151, 350.465
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 underground mining
activities and for restoration and reclamation of surface areas affected by
underground mining activities. This administrative regulation sets forth
requirements for the location, design, construction, maintenance, and removal
or permanent retention of roads and associated drainage structures.
General. (1) Each permittee shall design, construct, utilize, and maintain
roads and restore the area to meet the requirements of this administrative
regulation and to control or minimize erosion and siltation, air and water
pollution, and damage to public or private property.
(2) To the
extent possible using the best technology currently available, roads shall not
cause damage to fish, wildlife and related environmental values and shall not
cause additional contributions of suspended solids to stream flow or to run off
outside the permit area. Any such contributions shall not be in excess of
limitations of state or federal law.
(3) The design
and construction of roads shall be certified by a qualified registered
professional engineer as being in accordance with Sections 2 through 5 of this
administrative regulation, except to the extent that alternative specifications
are used. Alternative specifications may be used only after approval by the
cabinet upon a demonstration by a qualified registered professional engineer
that they will result in performance, with regard to safety, stability and
environmental protection, equal to or better than that resulting from roads
complying with the specifications of this administrative regulation.
(4) All roads
shall be removed and the affected land regraded and revegetated in accordance
with the requirements of Section 7 of this administrative regulation unless:
(a) Retention of
the road is approved as part of the approved postmining land use or as being
necessary to control erosion adequately;
necessary maintenance is assured; and
(c) All drainage
is controlled according to Section 4 of this administrative regulation.
Location. (1) Roads shall be located, insofar as possible, on ridges or on the
most stable available slopes to minimize erosion.
(2) No part of
any road shall be located in the channel of an intermittent or perennial stream
unless specifically approved by the cabinet.
(3) Stream fords
are prohibited unless they are specifically approved by the cabinet as
temporary routes during periods of construction. The fords shall not adversely
affect stream sedimentation or fish, wildlife, and related environmental
values. All other stream crossings shall be made using bridges, culverts, or
other structures designed, constructed, and maintained to meet the requirements
of Section 4 of this administrative regulation.
Design and Construction. Roads shall be designed and constructed in compliance
with the following standards in order to control subsequent erosion and
disturbance of the hydrologic balance.
(1) The roadway
width shall be appropriate for the anticipated volume of traffic and the size,
weight, and speed of vehicles to be used.
alinement. Except where lesser grades are necessary to control site-specific
conditions, maximum road grades shall be as follows:
(a) The maximum
grade shall not exceed lv:6.5h (fifteen (15) percent).
(b) There shall
be not more than 300 feet of grade exceeding ten (10) percent within any consecutive
1,000 feet of road.
alinement. Roads shall have horizontal alinement as consistent with the
existing topography as possible, and shall provide the alinement required to
meet the performance standards of this administrative regulation. The alinement
shall be determined in accordance with the anticipated volume of traffic and
weight and speed of vehicles to be used. Horizontal and vertical alinement
shall be coordinated to ensure that one will not adversely affect the other and
to ensure that the road will not cause environmental damage.
erosion control measures shall be implemented during construction to minimize
sedimentation and erosion until permanent control measures can be established.
(5) Excess or
unsuitable material from excavations shall be disposed of in accordance with
405 KAR 18:060, Section 4; 405 KAR 18:140, Section 1; 405 KAR 18:190, Section
shall not be cleared for more than the width necessary for road and associated
ditch construction, to serve traffic needs and for utilities.
(7) Road cuts.
(a) Cut slopes
shall not be steeper than specifically authorized by the cabinet, and shall not
be steeper than lv:1.5h in unconsolidated materials or lv:0.25h in rock, except
that steeper slopes may be specifically authorized by the cabinet if
geotechnical analysis demonstrates that a minimum safety factor of one and
five-tenths (1.5) can be maintained.
(b) All cut
slopes except solid rock cut slopes shall be revegetated as soon as possible to
embankments. Embankment sections shall be constructed in accordance with the
vegetative material and topsoil shall be removed from the embankment foundation
during construction to increase stability, and no vegetative material or
topsoil shall be placed beneath or in any road embankment.
(b) Where an
embankment is to be placed on side slopes exceeding lv:5h (twenty (20)
percent), the existing ground shall be plowed, stepped, or, if in bedrock, keyed
in a manner which increases the stability of the fill. The keyway shall be a
minimum of ten (10) feet in width and shall extend a minimum of two (2) feet
below the toe of the fill.
shall be placed in horizontal layers and shall be compacted as necessary to
ensure that the embankment is adequate to support the anticipated volume of
traffic and weight and speed of vehicles to be used. In selecting the method to
be used for placing embankment material, consideration shall be given in the
design to such factors as the foundation, geological structure, soils, type of
construction, and equipment to be used.
slopes shall not be steeper than lv:2h, except that where the embankment
material is a minimum of eighty-five (85) percent rock, slopes shall not be
steeper than lv:1.35h if it has been demonstrated to the cabinet that
embankment stability will result.
(e) The minimum
safety factor for all embankments shall be 1.25, or such higher factor as the
cabinet may specify.
(f) The road
surface shall be sloped to prevent ponding of water on the surface.
(g) All material
used in embankments shall be reasonably free of organic material, coal or coal
blossom, frozen or excessively wet materials, peat material, natural soils
containing organic matter, or any other material considered unsuitable by the
cabinet for use in embankment construction.
Acid-producing materials shall be permitted for constructing embankments for
only those roads constructed on coal processing waste banks and only if it has
been demonstrated to the cabinet that no additional acid will leave the
confines of the coal processing waste bank. In no case shall acid-bearing
refuse material be used outside the confines of the coal processing waste bank.
Restoration of the road shall be in accordance with the requirements of 405 KAR
18:190, Sections 3 and 4; and 405 KAR 18:200.
embankment slopes shall be revegetated as soon as possible to minimize erosion.
Drainage. (1) General. Each road shall be designed, constructed, and maintained
to have adequate drainage, using structures such as, but not limited to,
ditches, cross drains, and ditch relief drains. The water-control system shall
be designed to safely pass, at a minimum, the peak run-off from a ten (10)
year, twenty-four (24) hour precipitation event or a greater event if required
by the cabinet.
drainage. Natural channel drainageways shall not be altered or relocated for
road construction without the prior approval of the cabinet in accordance with
405 KAR 18:080. The cabinet may approve alterations and relocations only if the
natural channel drainage is not blocked and there is no adverse impact on
crossings. Drainage structures are required for stream channel crossings.
Drainage structures shall not adversely affect fish migration and aquatic
habitat or related environmental values, and shall not adversely affect the
normal flow or gradient of the stream or cause increased flow depths which
would adversely affect upstream properties outside the permit area.
ditches shall be placed at the toe of all cut slopes. A ditch shall be provided
on both sides of a through-cut and on the inside shoulder of a cut-and-fill
section, with ditch relief cross drains spaced according to grade. Water shall
be intercepted before reaching a switchback or large fill and drained safely
away in accordance with this section. Water from a fill or switchback shall be
released below the fill, through conduits or in riprapped channels, and shall
not be discharged onto the fill.
(b) Trash racks
and debris basins shall be installed in drainage ditches wherever debris from
the drainage area is likely to impair the functions of drainage and sediment
(5) Culverts and
shall pass the ten (10) year, twenty-four (24) hour precipitation event without
causing overtopping of the road and without causing adverse effects upon
upstream properties outside the permit area. Bridges and approach fills shall
pass the 100 year flood event or where appropriate the 100 year, twenty-four
(24) hour precipitation event, or a larger event as specified by the cabinet,
without causing increases in flow depths which would adversely affect upstream
properties outside the permit area.
pipes and culverts shall be constructed to avoid plugging or collapse and
erosion at inlets and outlets.
3. All culverts
shall be covered by compacted fill to a minimum depth of one (1) foot.
shall be designed, constructed, and maintained to sustain the structural load
from the fill and the weight of vehicles to be used.
(b) Culverts for
road-surface drainage only shall be constructed in accordance with the
otherwise authorized or required under subparagraphs 2 or 3 of this paragraph,
culverts shall be spaced as follows: spacing shall not exceed 1,000 feet on
grades of zero to three (3) percent; spacing shall not exceed 800 feet on
grades of three (3) to six (6) percent; spacing shall not exceed 500 feet on
grades of six (6) to ten (10) percent; spacing shall not exceed 300 feet on
grades of ten (10) percent or greater.
2. Culverts at
closer intervals than the maximum in subparagraph 1 of this paragraph shall be
installed if required by the cabinet as appropriate for the erosive properties
of the soil or to accommodate flow from small intersecting drainages.
3. Culverts may
be constructed at greater intervals than the maximum indicated in subparagraph
1 of this paragraph if authorized by the cabinet upon a finding that greater
spacing will not increase erosion.
4. The inlet end
shall be protected by a rock headwall or other protection approved by the
cabinet as adequate protection against erosion at the inlet. The water shall be
discharged below the toe of the fill through conduits or in riprapped channels
and shall not be discharged onto the fill.
Surfacing. (1) Roads shall be surfaced with rock, crushed gravel, asphalt, or
other material approved by the cabinet as sufficiently durable for the
anticipated volume of traffic and weight and speed of vehicles to be used.
(2) Acid- or
toxic-forming substances shall not be used in road surfacing.
Maintenance. (1) Roads shall be maintained in such a manner that the required
or approved design standards are met throughout the life of the road.
maintenance shall include repairs to the road surface such as grading, filling
of potholes, and replacement of surfacing. It shall include revegetating of cut
and fill slopes, watering for dust control, and minor reconstruction as
damaged by events such as floods or landslides, or by structural failures such
as sliding or slumping of the embankment, shall be repaired as soon as practicable
after the damage has occurred.
Restoration. (1) As soon as practicable after a road is no longer needed for
mining and reclamation operations or monitoring, unless the cabinet approves
retention of a road as suitable for the approved postmining land use:
(a) The road
shall be closed to vehicular traffic;
natural-drainage patterns shall be restored;
(c) All bridges
and culverts shall be removed;
shall be ripped, plowed, and scarified;
(e) Fill slopes
shall be rounded or reduced and shaped to conform the site to adjacent terrain
and to meet natural-drainage restoration standards;
(f) Cut slopes
shall be shaped to blend with the natural contour;
drains, dikes, and water bars shall be constructed to minimize erosion;
shall be constructed as necessary to prevent excessive erosion and to provide
long-term stability in cut-and-fill slopes; and
surfaces shall be topsoiled in accordance with 405 KAR 18:050, Section 4(2) and
revegetated in accordance with 405 KAR 18:200, Sections 1 through 6.
otherwise authorized by the cabinet, all road surfacing materials shall be
removed and disposed of under 405 KAR 18:150, Section 1. (8 Ky.R. 1584; Am. 9
Ky.R. 718; eff. 1-6-83.)