405 KAR 1:260.
Contemporaneous reclamation.
RELATES TO: KRS
350.093, 350.100
STATUTORY AUTHORITY:
KRS 350.028, 350.093, 350.100
NECESSITY, FUNCTION,
AND CONFORMITY: KRS 350.028 requires the Environmental and Public Protection
Cabinet to adopt rules and administrative regulations for the strip mining of
coal. This administrative regulation sets forth requirements for keeping
reclamation operations current with mining operations.
Section 1.
Applicability. This administrative regulation shall apply to all strip mining
operations conducted on or after May 3, 1978.
Section 2.
Backfilling and Grading. Backfilling and grading operations shall proceed as
concurrently with mining operations as possible and in accordance with the
requirements of this section, except that specific time and distance criteria
set forth in the approved plan for backfilling and grading shall take
precedence over corresponding criteria in this administrative regulation. The
approved backfilling and grading plan may specify time and distance criteria
less restrictive than those set forth in this administrative regulation when
the permittee has demonstrated through detailed written analysis in the permit
application that such other criteria are essential to the proposed mining and
reclamation operations, and the cabinet has determined that use of such
criteria will not likely cause adverse environmental impacts. As used in this
section, "initial surface disturbance" means the initial excavation
for the purpose of removal of topsoil or overburden.
(1) Area mining.
Backfilling and grading to approximate original contour on a disturbed area
shall be completed within 180 calendar days following the removal of coal from
that area, and shall not be more than four (4) spoil ridges behind the pit
being mined, with the spoil from the pit being mined being considered the first
spoil ridge.
(2) Auger mining.
Coal removal in a given location shall be completed within sixty (60) calendar
days after the initial surface disturbance at that location. Pursuant to 405
KAR 1:160, Section 2, each auger hole which discharges water which would
violate the effluent limitations of 405 KAR 1:170 if untreated, shall be sealed
within seventy-two (72) hours of completion of the auger hole by backfilling
and compacting noncombustible and impervious material into the auger hole to
form a watertight seal, or appropriate treatment shall be started within
seventy-two (72) hours to prevent violation of effluent limitations.
Backfilling and grading to approximate original contour shall follow coal
removal by not more than sixty (60) calendar days and by not more than 1500
linear feet.
(3) Contour mining.
Coal removal in a given location shall be completed within sixty (60) calendar
days after the initial surface disturbance at that location. Backfilling and
grading to approximate original contour shall follow coal removal by not more
than sixty (60) calendar days and by not more than 1500 linear feet.
(4) Multiple-seam
contour mining. When overlapping multiple cuts producing a benched highwall are
made to remove more than one (1) coal seam at a given location, backfilling and
grading at that location shall be completed within sixty (60) calendar days
after removal of the last coal seam at that location and shall follow the advancing
cut of the last coal seam by not more than 1500 feet. Removal of all coal seams
shall proceed as concurrently as possible and in a timely manner, in order to
minimize the time period in which disturbed areas are exposed prior to
reclamation.
(5) Combined contour
mining and auger mining. Coal removal by contour mining at a given location
shall be completed within the time frame specified in subsection (3) or (4) of
this section as appropriate. Auger mining at a given location shall be
completed within thirty (30) calendar days after coal removal by contour mining
at that location. Sealing of auger holes and backfilling and grading shall then
be completed as required in subsection (2) of this section.
(6) Mountaintop
removal. Backfilling and grading on a disturbed area shall be completed within
180 calendar days following the removal of coal from that area.
(7) All final
backfilling and grading shall be completed before equipment necessary for
backfilling and grading is removed from the site.
Section 3. Soil
Preparation and Revegetation. (1) When backfilling and grading have been
completed on an area, the required topsoil redistribution, liming, fertilizing,
other soil preparation, seeding, planting, and mulching of that area shall be
completed as soon as possible in a manner consistent with the approved plans
for topsoil handling and revegetation.
(2) The time allowed
for soil preparation and revegetation pursuant to subsection (1) of this
administrative regulation may exceed thirty (30) calendar days only when
specifically authorized in the approved plans for topsoil handling and
revegetation or when authorized pursuant to Section 4 or 5 of this
administrative regulation.
Section 4. Time
Extensions Due to Adverse Conditions. In individual cases the cabinet may grant
additional time for coal removal, backfilling and grading, topsoil
redistribution, liming, fertilizing, other soil preparation, seeding, planting,
and mulching, when adverse weather conditions or other conditions beyond the
operator's control make it impossible to conduct such operations in a timely
manner, and such conditions are appropriately documented and are successfully
demonstrated to the cabinet. However, no claim for lost time in such operations
will be accepted if the operations could reasonably have been conducted at the
time in question.
Section 5.
Exceptions and Variances. The cabinet may authorize in writing such exceptions
and variances to the requirements of this administrative regulation as the
cabinet may deem necessary to reasonably and properly address site-specific
conditions. (6 Ky.R. 99; Am. 563; eff. 5-7-1980; TAm eff. 8-9-2007.)
