405 Kar 16:001. Definitions For 405 Kar Chapter 16

Published: 2015

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      405 KAR 16:001. Definitions for 405 KAR

Chapter 16.


      RELATES TO: KRS Chapter 350, 7 C.F.R.

Part 657, 30 C.F.R. Parts 700.5, 701.5, 707.5, 730-733, 735, 761.5, 762.5,

773.5, 800.5, 843.5, 917c, 30 U.S.C. 1253, 1255, 1291

      STATUTORY AUTHORITY: KRS 350.028(1), (5),

350.465, 30 C.F.R. Parts 730-733, 735, 917, 30 U.S.C. 1253, 1255


350.028(1), (5) and 350.465(2) authorize the cabinet to promulgate

administrative regulations relating to surface and underground coal mining operations.

This administrative regulation defines terms used in 405 KAR Chapter 16.


      Section 1. Definitions. (1) "Acid

drainage" means water with a pH of less than six (6.0) and in which total

acidity exceeds total alkalinity, discharged from an active, inactive, or

abandoned surface coal mine and reclamation operation or from an area affected

by surface coal mining and reclamation operations.

      (2) "Acid-forming materials"

means earth materials that contain sulfide minerals or other materials which,

if exposed to air, water, or weathering processes, form acids that may create

acid drainage.

      (3) "Acquisition" means

purchase, lease, or option of the land for the purpose of conducting or

allowing through resale, lease, or option, the conduct of surface coal mining

and reclamation operations.

      (4) "Adjacent area" means land

located outside the affected area or permit area, depending on the context in

which "adjacent area" is used, where air, surface or groundwater,

fish, wildlife, vegetation or other resources protected by KRS Chapter 350 may

be adversely impacted by surface coal mining and reclamation operations.

      (5) "Affected area" means any

land or water area which is used to facilitate, or is physically altered by,

surface coal mining and reclamation operations. The affected area includes the

disturbed area; any area upon which surface coal mining and reclamation

operations are conducted; any adjacent lands the use of which is incidental to

surface coal mining and reclamation operations; all areas covered by new or

existing roads used to gain access to, or for hauling coal to or from, surface

coal mining and reclamation operations, except as provided in this definition;

any area covered by surface excavations, workings, impoundments, dams,

ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden

piles, spoil banks, culm banks, tailings, holes or depressions, repair areas,

storage areas, shipping areas; any areas upon which are sited structures,

facilities, or other property or material on the surface resulting from, or

incident to, surface coal mining and reclamation operations; and the area

located above underground workings associated with underground mining

activities, auger mining, or in situ mining. The affected area shall include

every road used for the purposes of access to, or for hauling coal to or from,

surface coal mining and reclamation operations, unless the road:

      (a) Was designated as a public road

pursuant to the laws of the jurisdiction in which it is located;

      (b) Is maintained with public funds, and

constructed in a manner similar to other public roads of the same

classification within the jurisdiction; and

      (c) There is substantial (more than

incidental) public use.

      (6) "Applicant" means any

person(s) seeking a permit, permit revision, permit amendment, permit renewal,

or transfer, assignment, or sale of permit rights from the cabinet to conduct

surface coal mining and reclamation operations or approval to conduct coal

exploration operations pursuant to KRS Chapter 350 and all applicable administrative


      (7) "Application" means the

documents and other information filed with the cabinet seeking issuance of

permits; revisions; amendments; renewals; and transfer, assignment or sale of

permit rights for surface coal mining and reclamation operations or, if

required, seeking approval for coal exploration.

      (8) "Approximate original

contour" is defined in KRS 350.010.

      (9) "Aquifer" means a zone,

stratum, or group of strata that can store and transmit water in sufficient

quantities for domestic, agricultural, industrial, or other beneficial use.

      (10) "Auger mining" means a

method of mining coal at a cliff or highwall by drilling holes into an exposed

coal seam from the highwall and transporting the coal along an auger bit to the

surface and shall also include all other methods of mining in which coal is

extracted from beneath the overburden by mechanical devices located at the face

of the cliff or highwall and extending laterally into the coal seam, such as

extended depth, secondary recovery systems.

      (11) "Best technology currently

available" means equipment, devices, systems, methods, or techniques which

will prevent, to the extent possible, additional contributions of suspended

solids to stream flow or runoff outside the permit area and minimize, to the

extent possible, disturbances and adverse impacts on fish, wildlife, and

related environmental values, and achieve enhancement of those resources where

practicable. The term includes equipment, devices, systems, methods, or

techniques which are currently available anywhere as determined by the cabinet,

even if they are not in routine use. The term includes, but is not limited to,

construction practices, siting requirements, vegetative selection and planting

requirements, animal stocking requirements, scheduling of activities and design

of sedimentation ponds in accordance with 405 KAR Chapters 16 and 18. The

cabinet shall have the discretion to determine the best technology currently

available on a case-by-case basis, as authorized by KRS Chapter 350 and 405 KAR

Chapters 7 through 24.

      (12) "Blaster" means a person

who is directly responsible for surface blasting operations in surface coal

mining and reclamation operations or coal exploration operations.

      (13) "Bond pool" or

"Kentucky Bond Pool" means the voluntary alternative bonding program

established at KRS 350.700 through 350.755.

      (14) "Cabinet" is defined in

KRS 350.010.

      (15) "C.F.R." means Code of

Federal Regulations.

      (16) "Coal" means combustible

carbonaceous rock, classified as anthracite, bituminous, subbituminous, or

lignite by ASTM Standard D 388-77.

      (17) "Coal exploration" means

the field gathering of:

      (a) Surface or subsurface geologic,

physical, or chemical data by mapping, trenching, drilling, geophysical, or

other techniques necessary to determine the quality and quantity of overburden

and coal of an area; or

      (b) Environmental data to establish the

conditions of an area before beginning surface coal mining and reclamation

operations under the requirements of 405 KAR Chapters 7 through 24 if the

activity may cause any disturbance of the land surface or may cause any appreciable

effect upon land, air, water, or other environmental resources.

      (18) "Coal mine waste" means

coal processing waste and underground development waste.

      (19) "Coal processing waste"

means materials which are separated from the product coal during the cleaning,

concentrating, or other processing or preparation of coal.

      (20) "Collateral bond" means an

indemnity agreement in a sum certain payable to the cabinet executed by the

permittee and which is supported by the deposit with the cabinet of cash,

negotiable certificates of deposit, or an irrevocable letter of credit of any

bank organized and authorized to transact business in the United States.

      (21) "Combustible material"

means organic material that is capable of burning, either by fire or through

oxidation, accompanied by the evolution of heat and a significant temperature


      (22) "Compaction" means

increasing the density of a material by reducing the voids between the

particles by mechanical effort.

      (23) "Cropland" means land used

for the production of adapted crops for harvest, alone or in a rotation with

grasses and legumes, and includes row crops, small grain crops, hay crops,

nursery crops, orchard crops, and other similar specialty crops.

      (24) "Cumulative impact area"

means the area, including the permit area, within which impacts resulting from

the proposed operation may interact with the impacts of all anticipated mining

on surface and groundwater systems. Anticipated mining shall include, at a

minimum, the entire projected lives through bond release of:

      (a) The proposed operation;

      (b) All existing operations;

      (c) Any operation for which a permit

application has been submitted to the cabinet; and

      (d) All operations required to meet

diligent development requirements for leased federal coal for which there is

actual mine development information available.

      (25) "Day" means calendar day

unless otherwise specified to be a working day.

      (26) "dB" means decibels.

      (27) "Department" means the

Department for Natural Resources.

      (28) "Developed water resources

land" means land used for storing water for beneficial uses such as

stockponds, irrigation, fire protection, flood control, and water supply.

      (29) "Disturbed area" means an

area where vegetation, topsoil, or overburden is removed or upon which topsoil,

spoil, coal processing waste, underground development waste, or noncoal waste

is placed by surface coal mining operations. Those areas are classified as

"disturbed" until reclamation is complete and the performance bond or

other assurance of performance required by 405 KAR Chapter 10 is released.

      (30) "Diversion" means a

channel, embankment, or other manmade structure constructed to divert water

from one (1) area to another.

      (31) "Downslope" means the land

surface below the projected outcrop of the lowest coalbed being mined along

each highwall.

      (32) "Durable rock" means rock


      (a) Does not slake in water;

      (b) Is not reasonably expected to degrade

to a size or condition that will block, cause failure of, impair, or restrict

the effectiveness of the internal drainage system; and

      (c) Has been demonstrated to have a slake

durability index value of ninety (90) or greater as determined by:

      1. The "Method of Determination of

Slake Durability Index (Kentucky Method 64-513-79)"; or

      2. A test method that yields an

equivalent measure of durability based upon correlation of results with

Kentucky Method 64-513-79.

      (33) "Embankment" means a

manmade deposit of material that is raised above the natural surface of the

land and used to contain, divert, or store water; to support roads or railways;

or for other similar purposes.

      (34) "Ephemeral stream" means a

stream which flows only in direct response to precipitation in the immediate

watershed or in response to the melting of a cover of snow and ice, and which

has a channel bottom that is always above the local water table.

      (35) "Excess spoil" means spoil

disposed of in a location other than the coal extraction area, except that

spoil material used to achieve the approximate original contour shall not be

considered excess spoil.

      (36) "Fish and wildlife land

use", as used in 405 KAR 16:210 and in similar situations when referring

to a premining or postmining land use, means land dedicated wholly or partially

to the production, protection, or management of fish or wildlife. Areas

considered as having the fish and wildlife land use are typically characterized

by a diversity of habitats in which use by wildlife is the dominant

characteristic, whether actively managed or not.

      (37) "Forest land" means land

used or managed for the long term production of wood, wood fiber, or wood

derived products.

      (38) "Fugitive dust" means that

particulate matter which becomes airborne due to wind erosion from exposed


      (39) "Ground cover" means the

area of ground covered by the combined aerial parts of vegetation and litter

produced and distributed naturally and seasonally on site, expressed as a

percentage of the total area of measurement.

      (40) "Groundwater" means

subsurface water that fills available openings in rock or soil materials to the

extent that they are considered water saturated.

      (41) "Growing season" means the

period during a one (1) year cycle, from the last killing frost in the spring

to the first killing frost in the fall, in which climatic conditions are

favorable for plant growth. In Kentucky, this period normally extends from

mid-April to mid-October.

      (42) "Head-of-hollow fill"

means a fill structure consisting of any material, other than coal processing

waste and organic material, placed in the uppermost reaches of a hollow near

the approximate elevation of the ridgeline, where there is no significant

natural drainage area above the fill, and where the side slopes of the existing

hollow measured at the steepest point are greater than twenty (20) degrees or

the average slope of the profile of the hollow from the toe of the fill to the

top of the fill is greater than ten (10) degrees.

      (43) "Higher or better uses"

means postmining land uses that have a higher economic value or nonmonetary

benefit to the landowner or the community than the premining land uses.

      (44) "Highwall" means the face

of exposed overburden and coal in an open cut of a surface mining activity or

for entry to underground mining activities.

      (45) "Highwall remnant" means

that portion of highwall that remains after backfilling and grading of a

remining permit area.

      (46) "Historically used for

cropland" means land that:

      (a) Has been used for cropland for any of

five (5) years or more of the ten (10) years immediately preceding the:

      1. Application; or

      2. Acquisition of the land for the

purpose of conducting a surface coal mining and reclamation operation;

      (b) Would likely have been used for

cropland for any five (5) of the ten (10) years immediately preceding the

acquisition or application, but for some fact of ownership or control of the

land unrelated to the productivity of the land;

      (c) Falls outside the five (5) of ten

(10) years criteria, but the cabinet determines is clearly cropland on the

basis of additional cropland history of:

      1. Surrounding land; and

      2. The land under consideration.

      (47) "Hydrologic balance" means

the relationship between the quality and quantity of water inflow to, water

outflow from, and water storage in a hydrologic unit such as a drainage basin,

aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationship

between precipitation, runoff, evaporation, and changes in ground and surface

water storage.

      (48) "Hz" means hertz.

      (49) "Imminent danger to the health

and safety of the public" means the existence of any condition or

practice, or any violation of a permit or other requirements of KRS Chapter 350

in a surface coal mining and reclamation operation, which could reasonably be expected

to cause substantial physical harm to persons outside the permit area before

the condition, practice, or violation can be abated. A reasonable expectation

of death or serious injury before abatement exists if a rational person,

subjected to the same condition or practice giving rise to the peril, would

avoid exposure to the danger during the time necessary for abatement.

      (50) "Impounding structure"

means a dam, embankment or other structure used to impound water, slurry, or

other liquid or semiliquid material.

      (51) "Impoundment" means a

water, sediment, slurry or other liquid or semiliquid holding structure or

depression, either naturally formed or artificially built.

      (52) "Industrial/commercial

lands" means lands used for:

      (a) Extraction or transformation of

materials for fabrication of products, wholesaling of products, or long-term

storage of products, and heavy and light manufacturing facilities.

      (b) Retail or trade of goods or services,

including hotels, motels, stores, restaurants, and other commercial


      (53) "In situ process" means:

      (a) In situ gasification;

      (b) In situ leaching;

      (c) Slurry mining;

      (d) Solution mining;

      (e) Borehole mining;

      (f) Fluid recovery mining; or

      (g) Another activity conducted on the

surface or underground in connection with:

      1. In-place distillation;

      2. Retorting;

      3. Leaching; or

      4. Chemical or physical processing of


      (54) "Intermittent stream"


      (a) A stream or reach of stream that

drains a watershed of one (1) square mile or more but does not flow

continuously during the calendar year; or

      (b) A stream or reach of a stream that is

below the local water table for at least some part of the year, and obtains its

flow from both surface runoff and groundwater discharge.

      (55) "KAR" means Kentucky administrative regulations.

      (56) "KPDES" means Kentucky

Pollutant Discharge Elimination System.

      (57) "KRS" means Kentucky

Revised Statutes.

      (58) "Land use" means specific functions,

uses, or management-related activities of an area, and may be identified in

combination when joint or seasonal uses occur and may include land used for support

facilities that are an integral part of the use. In some instances, a specific

use can be identified without active management.

      (59) "Modified highwall" means


      (a) The highwall resulting from remining

where the preexisting highwall face is removed; or

      (b) The highwall resulting from remining

where the preexisting highwall is vertically enlarged.

      (60) "Monitoring" means the

collection of environmental data by either continuous or periodic sampling


      (61) "MRP" means mining and

reclamation plan.

      (62) "MSHA" means Mine Safety

and Health Administration.

      (63) "Mulch" means vegetation

residues or other suitable materials that aid in soil stabilization and soil

moisture conservation, thus providing microclimatic conditions suitable for

germination and growth.

      (64) "Notice of noncompliance and

order for remedial measures" means a written document and order prepared

by an authorized representative of the cabinet which sets forth with

specificity the violations of KRS Chapter 350, 405 KAR Chapters 7 through 24,

or permit conditions which the authorized representative of the cabinet

determines to have occurred based upon his inspection, and the necessary

remedial actions, if any, and the time schedule for completion thereof, which

the authorized representative deems necessary and appropriate to correct the


      (65) "Operations" is defined in

KRS 350.010.

      (66) "Operator" is defined in

KRS 350.010.

      (67) "Order for cessation and

immediate compliance" means a written document and order issued by an

authorized representative of the cabinet when:

      (a) A person to whom a notice of

noncompliance and order for remedial measures was issued has failed, as

determined by a cabinet inspection, to comply with the terms of the notice of

noncompliance and order for remedial measures within the time limits set

therein, or as subsequently extended; or

      (b) The authorized representative finds,

on the basis of a cabinet inspection, any condition or practice or any

violation of KRS Chapter 350, 405 KAR Chapters 7 through 24, or any condition

of a permit or exploration

approval which:

      1. Creates an imminent danger to the

health or safety of the public; or

      2. Is causing or can reasonably be

expected to cause significant, imminent environmental harm to land, air or

water resources.

      (68) "OSM" means Office of

Surface Mining Reclamation and Enforcement, United States Department of the


      (69) "Other treatment

facilities" means any chemical treatments, such as flocculation or

neutralization, or mechanical structures, such as clarifiers or precipitators,

that have a point source discharge and are utilized:

      (a) To prevent additional contributions

of dissolved or suspended solids to streamflow or runoff outside the permit

area; or

      (b) To comply with 405 KAR 16:070.

      (70) "Outslope" means the face

of the spoil or embankment sloping downward from the highest elevation to the


      (71) "Overburden" is defined in

KRS 350.010.

      (72) "Pastureland" means land

used primarily for the long-term production of adapted, domesticated forage

plants to be grazed by livestock or occasionally cut and cured for livestock


      (73) "Perennial stream" means a

stream or that part of a stream that flows continuously during all of the

calendar year as a result of groundwater discharge or surface runoff. The term

does not include "intermittent stream" or "ephemeral stream."

      (74) "Performance bond" means a

surety bond, a collateral bond, or a combination thereof, or bonds filed

pursuant to the provisions of the Kentucky Bond Pool Program (405 KAR 10:200,

KRS 350.595, and KRS 350.700 through 350.755), by which a permittee assures

faithful performance of all the requirements of KRS Chapter 350, 405 KAR

Chapters 7 through 24, and the requirements of the permit and reclamation plan.

      (75) "Permanent diversion"

means a diversion remaining after surface coal mining and reclamation

operations are completed which has been approved for retention by the cabinet

and other appropriate Kentucky and federal agencies.

      (76) "Permit" means written

approval issued by the cabinet to conduct surface coal mining and reclamation


      (77) "Permit area" means the

area of land and water within boundaries designated in the approved permit

application, which shall include, at a minimum, all areas which are or will be

affected by surface coal mining and reclamation operations under that permit.

      (78) "Permittee" means an

operator or a person holding or required by KRS Chapter 350 or 405 KAR Chapters

7 through 24 to hold a permit to conduct surface coal mining and reclamation

operations during the permit term and until all reclamation obligations imposed

by KRS Chapter 350 and 405 KAR Chapters 7 through 24 are satisfied.

      (79) "Person" is defined in KRS


      (80) "Precipitation event"

means a quantity of water resulting from drizzle, rain, snowmelt, sleet, or

hail in a specified period of time.

      (81) "Previously mined area"

means land that was affected by coal mining operations conducted prior to

August 3, 1977, that has not been reclaimed to the standards of this title.

      (82) "Prime farmland" means

those lands which are defined by the Secretary of Agriculture in 7 C.F.R. 657

and which have been "historically used for cropland" as that phrase

is defined above.

      (83) "Probable hydrologic

consequences" means the projected results of proposed surface coal mining

and reclamation operations which may reasonably be expected to change the

quantity or quality of the surface and groundwater; the surface or groundwater

flow, timing, and pattern; and the stream channel conditions on the permit area

and adjacent areas.

      (84) "Public building" means

any structure that is owned or leased, and principally used by a governmental

agency for public business or meetings.

      (85) "Public road" means any

publicly owned thoroughfare for the passage of vehicles.

      (86) "RAM" means Reclamation

Advisory Memorandum.

      (87) "Reasonably available

spoil" means spoil and suitable coal mine waste material generated by the

remining operation and other spoil or suitable coal mine waste material located

in the permit area that is accessible and available for use and that when rehandled

will not cause a hazard to public safety or significant damage to the environment.

For this purpose, the permit area shall include all spoil of this nature

located in the immediate vicinity of the mining operation.

      (88) "Recharge capacity" means

the ability of the soils and underlying materials to allow precipitation and

runoff to infiltrate and reach the zone of saturation.

      (89) "Reclamation" is defined

in KRS 350.010.

      (90) "Recreation land" means

land used for public or private leisure-time use, including developed

recreation facilities such as parks, camps, and amusement areas, as well as

areas for less intensive uses such as hiking, canoeing, and other undeveloped

recreational uses.

      (91) "Reference area" means a

land unit maintained under appropriate management for the purpose of measuring

vegetative ground cover, productivity, and plant species diversity that are

produced naturally or by crop production methods approved by the cabinet.

      (92) "Refuse pile" means a

surface deposit of coal mine waste that is not retained by an impounding

structure and does not impound water, slurry, or other liquid or semiliquid


      (93) "Remining" means

conducting surface coal mining and reclamation operations which affect

previously mined areas.

      (94) "Residential land" means

tracts employed for single and multiple-family housing, mobile home parks, and

other residential lodgings.

      (95) "Road" means a surface

right-of-way for purposes of travel by land vehicles used in coal exploration

or surface coal mining and reclamation operations. A road consists of the

entire area within the right-of-way, including the roadbed, shoulders, parking

and side area, approaches, structures, ditches, surface, and contiguous

appendages necessary for the total structure. The term includes access and haul

roads constructed, used, reconstructed, improved, or maintained for use in coal

exploration or surface coal mining and reclamation operations, including use by

coal hauling vehicles leading to transfer, processing, or storage areas. The

term does not include pioneer or construction roadways used for part of the

road construction procedure and promptly replaced by a road pursuant to 405 KAR

Chapters 16 and 18 located in the identical right-of-way as the pioneer or

construction roadway. The term also excludes any roadway within the immediate

mining pit area.

      (96) "Safety factor" means the

ratio of the available shear strength to the developed shear stress, or the

ratio of the sum of the resisting forces to the sum of the loading or driving

forces, as determined by accepted engineering practices.

      (97) "SCS" means Soil

Conservation Service.

      (98) "Sedimentation pond" means

a primary sediment control structure:

      (a) Designed, constructed, or maintained

pursuant to 405 KAR 16:090 or 405 KAR 18:090;

      (b) That may include a barrier, dam, or

excavated depression to:

      1. Slow water runoff; and

      2. Allow suspended solids to settle out;


      (c) That shall not include secondary

sedimentation control structures, including a straw dike, riprap, check dam,

mulch, dugout, or other measure that reduces overland flow velocity, reduces

runoff volume, or trap sediment, to the extent that the secondary sedimentation

structure drains into a sedimentation pond.

      (99) "Significant, imminent

environmental harm" means an adverse impact on land, air, or water

resources which resources include plant and animal life as further defined in

this subsection.

      (a) An environmental harm is imminent, if

a condition, practice, or violation exists which:

      1. Is causing environmental harm; or

      2. May reasonably be expected to cause

environmental harm at any time before the end of the reasonable abatement time

that would be set by the cabinet's authorized agents pursuant to the provisions

of KRS Chapter 350.

      (b) An environmental harm is significant

if that harm is appreciable and not immediately reparable.

      (100) "Slope" means average

inclination of a surface, measured from the horizontal, generally expressed as

the ratio of a unit of vertical distance to a given number of units of

horizontal distance (e.g., 1v:5h). It may also be expressed as a percent or in


      (101) "Slurry mining" means the

hydraulic breakdown of subsurface coal with drill-hole equipment, and the

eduction of the resulting slurry to the surface for processing.

      (102) "SMCRA" means Surface

Mining Control and Reclamation Act of 1977 (PL 95-87), as amended.

      (103) "Soil horizons" means

contrasting layers of soil parallel or nearly parallel to the land surface.

Soil horizons are differentiated on the basis of field characteristics and

laboratory data. The four (4) master soil horizons are:

      (a) "A horizon." The uppermost

mineral layer, often called the surface soil. It is the part of the soil in

which organic matter is most abundant, and leaching of soluble or suspended

particles is typically the greatest.

      (b) "E horizon." The layer

commonly near the surface below an A horizon and above a B horizon. An E

horizon is most commonly differentiated from an overlying A horizon by lighter

color and generally has measurably less organic matter than the A horizon. An E

horizon is most commonly differentiated from an underlying B horizon in the

same sequum by color of higher value or lower chroma, by coarser texture, or by

a combination of these properties.

      (c) "B horizon." The layer that

typically is immediately beneath the E horizon and often called the subsoil.

This middle layer commonly contains more clay, iron, or aluminum than the A, E,

or C horizons.

      (d) "C horizon." The deepest

layer of soil profile. It consists of loose material or weathered rock that is

relatively unaffected by biologic activity.

      (104) "Spoil" means overburden

and other materials, excluding topsoil, coal mine waste, and mined coal, that

are excavated during surface coal mining and reclamation operations.

      (105) "Stabilize" means to

control movement of soil, spoil piles, or areas of disturbed earth by modifying

the geometry of the mass, or by otherwise modifying physical or chemical

properties, such as by providing a protective surface coating.

      (106) "Steep slope" means any

slope of more than twenty (20) degrees.

      (107) "Surety bond" means an

indemnity agreement in a sum certain, payable to the cabinet and executed by

the permittee, which is supported by the performance guarantee of a corporation

licensed to do business as a surety in the Commonwealth of Kentucky.

      (108) "Surface blasting


      (a) Means the on-site storage,

transportation, and use of explosives in association with:

      1. A coal exploration operation;

      2. Surface mining activities; or

      3. A surface disturbance of underground

mining activities; and

      (b) Includes the following activities:

      1. Design of an individual blast;

      2. Implementation of a blast design;

      3. Initiation of a blast;

      4. Monitoring of an airblast and ground

vibration; and

      5. Use of access control, warning and

all-clear signals, and similar protective measures.

      (109) "Surface coal mining and

reclamation operations" is defined in KRS 350.010.

      (110) "Surface coal mining

operations" is defined in KRS 350.010.

      (111) "Surface mining

activities" means those surface coal mining and reclamation operations

incident to the extraction of coal from the earth by removing the materials

over a coal seam before recovering the coal, by auger coal mining, by extraction

of coal from coal refuse piles, or by recovery of coal from slurry ponds.

      (112) "Suspended solids" or

nonfilterable residue, expressed as milligrams per liter, means organic or

inorganic materials carried or held in suspension in water which are retained

by a standard glass fiber filter in the procedure outlined by the U.S. EPA's

regulations for waste water and analyses (40 C.F.R. 136).

      (113) "Temporary diversion"

means a diversion of a stream or overland flow which is used during coal

exploration or surface coal mining and reclamation operations and not approved

by the cabinet to remain after reclamation as part of the approved postmining

land use.

      (114) "Ton" means 2000 pounds

avoirdupois (.90718 metric ton).

      (115) "Topsoil" means the A and

E soil horizon layers of the four (4) master soil horizons.

      (116) "Toxic-forming materials"

means earth materials or wastes which, if acted upon by air, water, weathering,

or microbiological processes, are likely to produce chemical conditions in

soils or water that are detrimental to biota or uses of water.

      (117) "Toxic mine drainage"

means water that is discharged from active or abandoned mines or other areas

affected by coal exploration or surface coal mining and reclamation operations,

which contains a substance that through chemical action is likely to kill,

injure, or impair biota commonly present in the area that might be exposed to


      (118) "Transfer, assignment, or sale

of permit rights" means a change in ownership or other effective control

over the right to conduct surface coal mining operations under a permit issued

by the cabinet.

      (119) "TRM" means Technical

Reclamation Memorandum.

      (120) "Underground development

waste" means waste coal, shale, claystone, siltstone, sandstone,

limestone, or similar materials that are extracted from underground workings in

connection with underground mining activities.

      (121) "Underground mining

activities" means a combination of:

      (a) Surface operations incident to

underground extraction of coal or in situ processing, including construction,

use, maintenance, and reclamation of roads, aboveground repair areas, storage

areas, processing areas, and shipping areas; areas upon which are sited support

facilities including hoist and ventilating ducts; areas utilized for the disposal

and storage of waste; and areas on which materials incident to underground

mining operations are placed; and

      (b) Underground operations such as

underground construction, operation, and reclamation of shafts, adits,

underground support facilities; in situ processing; and underground mining,

hauling, storage, and blasting.

      (122) "Undeveloped land or no

current use or land management" means land that is undeveloped or, if

previously developed, land that has been allowed to return naturally to an undeveloped

state or has been allowed to return to forest through natural succession.

      (123) "U.S. EPA" means United

States Environmental Protection Agency.

      (124) "Valley fill" means a

fill structure consisting of any material other than coal waste and organic

material that is placed in a valley where side slopes of the existing valley

measured at the steepest point are greater than twenty (20) degrees or the

average slope of the profile of the valley from the toe of the fill to the top

of the fill is greater than ten (10) degrees.

      (125) "Valuable environmental

resources" means:

      (a) Listed or proposed endangered or

threatened species of plants or animals or their critical habitats listed by

the Secretary of the Interior under the Endangered Species Act of 1973, as

amended (16 U.S.C. Sec. 1531 et seq.), or those species or habitats protected

by similar state statutes; and

      (b) Habitats of unusually high value for

fish and wildlife, as determined by the cabinet in consultation with state and

federal agencies with responsibilities for fish and wildlife.

      (126) "Water table" means the

upper surface of a zone of saturation, where the body of groundwater is not

confined by an overlying impermeable zone.

      (127) "Water transmitting zone"

means a body of consolidated or unconsolidated rocks which, due to their

greater primary or secondary permeability relative to the surrounding rocks,

can reasonably be considered to function as a single hydraulic medium for the

flow of groundwater.

      (128) "Wetland" means land that

has a predominance of hydric soils and that is inundated or saturated by

surface or groundwater at a frequency and duration sufficient to support, and

that under normal circumstances does support, a prevalence of hydrophytic

vegetation typically adapted for life in saturated soil conditions.

      (a) "Hydric soil" means soil

that, in its undrained condition, is saturated, flooded, or ponded long enough

during a growing season to develop an anaerobic condition that supports the

growth and regeneration of hydrophytic vegetation.

      (b) "Hydrophytic vegetation"

means a plant growing in:

      1. Water; or

      2. A substrate that is at least

periodically deficient in oxygen during a growing season as a result of

excessive water content.


      Section 2. Incorporation by Reference. (1)

The following material is incorporated by reference:

      (a) "ASTM Standard D 388-77,

Standard Specification for Classification of Coals by Rank", (1977),

American Society for Testing and Materials, is incorporated by reference;

      (b) "Method for Determination of

Slake Durability Index, Kentucky Method 64-513-79", (1979), Kentucky

Department of Transportation.

      (2) It may be inspected, copied, or

obtained at the Department for Natural Resources, 2 Hudson Hollow, Frankfort,

Kentucky 40601-4321, Monday through Friday, 8 a.m. to 4:30 p.m. (18 Ky.R. 2475; Am.

2844; eff. 4-3-92; 24 Ky.R. 704; 2652; eff. 6-10-98; TAm eff. 8-9-2007.)

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