RELATES TO:
KRS
350.062,
350.405,
350.415,
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 the removal, storage and redistribution of topsoil and
requirements for substitution of other materials for topsoil.
Section 1. General Requirements.
(1) All topsoil, topsoil substitutes and
supplements, and subsoils to be saved under Section 2 of this administrative
regulation shall be removed as separate layers from the area to be disturbed
and shall be segregated from other materials.
(2) After removal, such materials shall
either be immediately redistributed in accordance with Section 4 of this
administrative regulation or stockpiled pending redistribution in accordance
with Section 3 of this administrative regulation.
(3) For surface areas which are without
suitable topsoil as a result of previous surface coal mining operations, the
cabinet shall approve and/or specify, on a site-specific basis, alternative
practices designed to utilize those available materials which are most suitable
for sustaining sufficient vegetation. Such materials shall be tested for their
chemical and physical properties as set forth in Section 2(5) of this
administrative regulation. The cabinet may require the application of nutrients
and soil amendments as necessary for sustaining sufficient
vegetation.
Section 2.
Removal.
(1)
(a) For areas where topsoil is to be saved in
accordance with this section, vegetative cover that would interfere with the
salvage or use of the topsoil shall be cleared from those areas prior to
topsoil removal; however, topsoil shall be removed from those areas as a
separate layer and shall be segregated from other materials prior to any
drilling, blasting, mining, or other surface disturbance of those
areas.
(b) For situations in which
the topsoil is of insufficient quantity or poor quality for sustaining
sufficient vegetation, the materials approved by the cabinet in accordance with
subsection (5) of this section shall be removed as a separate layer and
segregated from other materials.
(2) Prior to placement of excess spoil or
coal mine waste, construction of an embankment, or construction of any other
structure for which stability is a concern, all topsoil and vegetative material
shall be removed, either progressively or in a single set of operations, from
all areas where failure to remove such materials would adversely affect the
stability of the structure. For other areas disturbed by the structure and for
all other areas disturbed by surface coal mining and reclamation operations,
all topsoil shall be removed in accordance with subsection (1) of this section,
unless the use of top-soil substitute materials is approved by the cabinet in
accordance with subsection (5) of this section or unless topsoil removal
requirements are waived pursuant to subsection (6) of this section.
(3) If the topsoil is less than six (6)
inches in depth, a six (6) inch layer that includes the topsoil and the
unconsolidated materials immediately below the topsoil or the topsoil and all
unconsolidated materials, if the total available is less than six (6) inches,
shall be removed and the mixture segregated and redistributed as the surface
soil layer, unless topsoil substitutes are approved by the cabinet pursuant to
subsection (5) of this section.
(4)
The B horizon and portions of the C horizon and/or other underlying layers
demonstrated to have qualities for comparable root development shall be
removed, segregated, and replaced as subsoil if the cabinet determines that
either of these is necessary to comply with the revegetation requirements of
405 KAR 16:200 or to
ensure soil productivity consistent with the approved postmining land
use.
(5) Selected materials may be
substituted for or used as a supplement to topsoil, if the applicant
demonstrates to the satisfaction of the cabinet that the resulting soil medium
is equal to or more suitable for sustaining sufficient vegetation than is the
available topsoil and that the resulting soil medium is the best available to
support sufficient vegetation. This demonstration shall be based on:
(a) The results of chemical and physical
analyses of the substitute or supplement materials and the topsoil, which must
be submitted in the permit application. These investigations shall include:
1. Analyses performed by a qualified soil
scientist, qualified agronomist, or other qualified specialist consisting of
evaluations of the thicknesses of the soil horizons, the thicknesses of the
substitute or supplement materials, the total depths of the soils, the areal
extents of the different kind of soils, and the areal extents of the substitute
or supplement materials;
2.
Analyses performed by a qualified laboratory consisting of evaluations of pH,
net acidity or alkalinity, phosphorus, potassium, texture, and percent coarse
fragments; and
3. Other analyses
performed by qualified individuals, if required by the cabinet, including but
not limited to additional chemical and physical evaluations, field-site trials,
greenhouse tests, and other investigations to establish the feasibility of
using the substitute or supplement materials.
(b) A discussion from a qualified soil
scientist or agronomist stating that: The proposed substitute or supplement
materials are equal to or more suitable for sustaining sufficient vegetation
than is the available topsoil; the resulting soil medium is the best available
material to support sufficient vegetation; and the trials and tests were
conducted using approved standard testing procedures.
(6) The cabinet may choose not to require the
removal of topsoil for minor disturbances which:
(a) Occur at the site of small structures
such as power poles, signs, and fence lines; or
(b) Will not destroy the existing vegetation
and will not cause erosion.
Section 3. Storage.
(1) Topsoil and/or other materials removed
pursuant to Section 2 of this administrative regulation shall be stockpiled
only when it is impractical to promptly redistribute such materials on regraded
areas.
(2) Stockpiled materials
shall be selectively placed on stable areas within the permit area; shall not
be disturbed; and shall be protected from wind and water erosion, unnecessary
compaction, and contaminants which lessen the capability of the materials to
support vegetation when redistributed.
(a)
Protection measures shall be accomplished either by:
1. An effective cover of nonnoxious,
quick-growing annual and perennial plants seeded or planted during the first
normal seeding or planting period after removal and resown as necessary
thereafter; or
2. Other methods
demonstrated to and approved by the cabinet to provide equal
protection.
(b) Unless
approved by the cabinet, stockpiled topsoil and/or other materials shall not be
moved until required for redistribution on a regraded area.
(3) If such measures are
demonstrated by the applicant to have no adverse effect on the topsoil and if
approved by the cabinet, vegetative material may be used as mulch or may be
included in the topsoil to control erosion, promote growth of vegetation, or
increase the moisture retention of the soil.
(4) Where long-term surface disturbances will
result from facilities such as support facilities and preparation plants and
where stockpiling of materials removed in accordance with Section 2 of this
administrative regulation would be detrimental to the quality or quantity of
those materials, the cabinet may approve the temporary distribution of the
materials so removed to an approved site within the permit area to enhance the
current use of that site until needed for later reclamation provided that:
(a) Such action will not permanently diminish
the capability of the topsoil and/or other materials of the host site;
and
(b) The materials will be
retained in a condition more suitable for redistribution than if
stockpiled.
Section
4. Redistribution.
(1) After
final grading and before final placement of topsoil and other materials
segregated in accordance with Section 2 of this administrative regulation, the
land shall be scarified or otherwise treated as required by the cabinet to
eliminate slippage surfaces and to promote root penetration. If the permittee
demonstrates through appropriate tests that no harm will be caused to the
materials and vegetation and if approved by the cabinet, scarification may be
conducted after redistribution of topsoil and/or other materials.
(2) Topsoil and/or other materials shall be
redistributed in a manner that:
(a) Achieves
an approximate uniform, stable thickness consistent with the approved
postmining land uses, contours, and surface water drainage systems;
(b) Prevents excessive compaction of the
topsoil and/or other materials; and
(c) Protects the topsoil and/or other
materials from wind and water erosion before and after it is seeded and
planted.
(3) The
materials removed pursuant to Section 2 of this administrative regulation shall
be redistributed at a time when the physical and chemical properties of the
materials can be protected and erosion can be minimized.
(4) The cabinet may choose not to require the
redistribution of topsoil and/or other materials on approved postmining
embankments of permanent impoundments and of roads if it determines that:
(a) Placement of topsoil and/or other
materials on such embankments is inconsistent with the requirement to use the
best technology currently available to minimize sedimentation; and
(b) Such embankments will be otherwise
stabilized.
Section
5. Nutrients and Soil Amendments. Nutrients and soil amendments,
in the amounts determined by soil tests, shall be applied to the redistributed
materials so that they are sufficient to sustain the approved postmining land
use and to sustain vegetation which is sufficient to meet the re-vegetation
requirements of
405 KAR 16:200. All
soil tests shall be performed by a qualified laboratory using standard methods
approved by the cabinet.