RELATES TO:
KRS
151.250
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation is necessary to exempt certain dams, embankments, levees, dikes,
bridges, fills, and other stream obstructions proposed in conjunction with
surface and deep mining from the provisions of KRS Chapter 151 to avoid
duplication of effort within the Environmental and Public Protection
Cabinet.
Section 1. As a part of the
routine processing of applications for permits for surface mining and the
surface effects of deep mining, the engineering staff of the Division of
Reclamation reviews all designs for dams, embankments, levees, dikes, bridges,
fills, and other stream obstructions proposed in conjunction with surface or
deep mining and, whereas a substantial number of such dams, embankments,
levees, dikes, bridges, fills, and other stream obstructions are of such a
size, type, and location as to present no potential hazard to life and/or
property; this administrative regulation exempts from the provisions of
KRS
151.250 all such dams, etc., as described
above, except those dams which come within the hazard classification contained
in Division of Water Engineering Memorandum No. 5 (2-1-75), and those
obstructions as described, which, in the professional judgment of the Division
of Reclamation engineering staff, present a potential hazard to life and/or
property. Copies of Engineering Memorandum No. 5 (2-1-75) are available upon
request from the Division of Water.
Section
2. Certified, "as-built" engineering plans for all dams which
impound or divert water and/or other material and which (i) are twenty-five
(25) feet or more in height or (ii) have an impounding capacity of fifty (50)
acre-feet or more at the lowest point in the top of the dam must be forwarded
by the Division of Reclamation to the Division of Water for inclusion in the
Dam Safety Program required by
KRS
151.295(c). Height is
measured from the natural bed of the stream or watercourse at the downstream
toe of the barrier to the low point in the top of the dam.
