405 KAR 1:240.
RELATES TO: KRS
KRS 350.028, 350.450
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 special requirements for strip
mining by the method of mountaintop removal.
Section 1. Strip
mining operations that remove entire coal seams running through the upper part
of a mountain, ridge, or hill by removing all the overburden and creating a
level plateau of gently rolling contour with no highwalls remaining are exempt
from the requirements of 405 KAR 1:130 for achieving approximate original
contour, if the following requirements are met:
(1) An industrial,
commercial, agricultural, residential, or public facility (including
recreational facilities) use is proposed for the affected land.
(2) The alternative
postmining land use criteria in 405 KAR 1:070 are met and the proposal is
approved by the cabinet.
(3) The requirements
of all other applicable administrative regulations of this chapter are met in
addition to the special requirements of this administrative regulation.
Section 2. Strip
mining operations conducted pursuant to this administrative regulation shall
comply with the standards of this section.
(1) An outcrop
barrier of sufficient width, consisting of the toe of the lowest coal seam and
its associated overburden, shall be retained to prevent slides and erosion.
(2) The final graded
top plateau slopes on the mined area shall be less than 1v:5h (twenty (20)
percent) so as to create a level plateau or gently rolling configuration and
the outslope of the plateau shall not exceed 1v:2h (fifty (50) percent), except
where engineering data substantiates and the cabinet finds that a minimum
static safety factor of 1.5 will be attained. The cabinet may require higher
static safety factors depending upon specific site conditions.
(3) The resulting
level or gently rolling contour shall be graded to drain inward from the
outslope except at specific points where it drains over the outslopes in
protected stable channels.
(4) All highwalls,
spoil piles, and depressions shall be eliminated except as provided in 405 KAR
1:130, Sections 4 and 5, with regard to backfilling and grading.
(5) Damage to
natural water courses below the area to be mined shall be prevented.
(6) Spoil shall be
placed on the mountaintop bench as is necessary to achieve the postmining land
use approved under 405 KAR 1:070. All excess spoil material not retained on the
mountaintop shall be placed in accordance with the standards of 405 KAR 1:140.
Section 3. (1) All
permits giving approval for mountaintop removal shall be reviewed not more than
three (3) years from the date of issuance of the permit, unless the permittee
affirmatively demonstrates and the cabinet finds that all operations are
proceeding in accordance with the terms of the permit, KRS Chapter 350 and the
applicable administrative regulations of this chapter.
(2) The terms of a
permit for mountaintop removal may be modified by the cabinet if it determines
that more stringent measures are necessary to prevent or control slides and
erosion, prevent damage to natural water courses, avoid water pollution, or to
assure successful revegetation. (4 Ky.R. 399; eff. 5-3-78; Am. 499; 5 Ky.R.
210; eff. 8-23-78; TAm eff. 8-9-2007.)