405 KAR 1:260. Contemporaneous reclamation

Link to law: http://www.lrc.ky.gov/kar/405/001/260.htm
Published: 2015

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      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.)