RELATES TO:
KRS
350.420,
350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part requires the cabinet to promulgate rules and administrative
regulations establishing performance standards for protection of people and
property, land, water and other natural resources, and aesthetic values, during
surface mining activities and for restoration and reclamation of surface areas
affected by mining activities. This administrative regulation sets forth
requirements for temporary and permanent casing, sealing or other management of
drill holes, boreholes, wells, or other exposed underground openings.
Section 1. General Requirements. Each
exploration hole, other drill or borehole, well, or other exposed underground
opening shall be cased, sealed, or otherwise managed as approved by the
cabinet, as necessary to prevent acid or other toxic drainage from entering
ground or surface waters, to minimize disturbance to the prevailing hydrologic
balance, and to ensure the safety of people, livestock, fish and wildlife, and
machinery in the permit area and adjacent area. If these openings are uncovered
or exposed by surface mining activities within the permit area they shall be
permanently closed, unless approved for water monitoring, or otherwise managed
in a manner approved by the cabinet. Use of a drilled hole or borehole or
monitoring well as a water well must meet the provisions of
405 KAR
16:060, Section 7. This section does not apply to
holes solely drilled and used for blasting.
Section 2. Temporary. Each exploration hole,
other drill or boreholes, wells and other exposed underground openings which
have been identified in the approved permit application for use to return coal
processing waste or water to underground workings, or to be used to monitor
ground water conditions, shall be temporarily sealed before use and protected
during use by barricades, or fences, or other protective devices approved by
the cabinet. These devices shall be periodically inspected and maintained in
good operating condition by the person who conducts the surface mining
activities.
Section 3. Permanent.
When no longer needed for monitoring or other use approved by the cabinet upon
a finding of no adverse effect, or unless approved for transfer as a water well
under
405 KAR
16:060, Section 7, each exploration hole, other
drilled hole or borehole, well, and other exposed underground opening shall be
capped, sealed, backfilled, or otherwise properly managed, as required by the
cabinet, under Section 1 of this administrative regulation and consistent with
30 CFR
75.1711.
Permanent closure measures shall be designed to prevent access to the mine
workings by people, livestock, fish and wildlife, and machinery, and to keep
acid or other toxic drainage from entering ground or surface waters.