RELATES TO:
KRS
350.020,
350.028,
350.151,
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
general requirements for the design, construction, and maintenance of support
facilities and transportation facilities other than roads, and the restoration
of areas affected by such facilities.
Section
1. Other Transportation Facilities. Railroad loops, spurs,
sidings, surface conveyor systems, chutes, aerial tramways, or other
transportation facilities within the permit area shall be designed,
constructed, and maintained, and the area restored, to:
(1) Prevent, to the extent possible using the
best technology currently available:
(a)
Damage to fish, wildlife, and related environmental values; and
(b) Additional contributions of suspended
solids to stream flow or run off outside the permit area. Any such
contributions shall not be in excess of limitations of state and federal
law.
(2) Control and
minimize diminution or degradation of water quality and quantity;
(3) Control and minimize erosion and
siltation;
(4) Control and minimize
air pollution; and
(5) Prevent
damage to public or private property.
Section 2. Support Facilities and Utility
Installation.
(1) Support facilities required
for, or used incidentally to, the operation of the mine, including, but not
limited to, mine buildings, coal loading facilities at or near the mine site,
coal storage facilities, equipment-storage facilities, fan buildings, hoist
buildings, preparation plants, sheds, shops, and other buildings shall be
designed, constructed, and located to prevent or control erosion and siltation,
water pollution, and damage to public or private property. Support facilities
shall be designed, constructed, maintained and used in a manner which prevents,
to the extent possible using the best technology currently available:
(a) Damage to fish, wildlife, and related
environmental values; and
(b)
Additional contributions of suspended solids to stream flow or run off outside
the permit area. Any such contributions shall not be in excess of limitations
of state or federal law.
(2) All surface mining activities shall be
conducted in a manner which minimizes damage, destruction, or disruption of
services provided by oil, gas, and water wells; oil, gas, and coal-slurry
pipelines; railroads; electric and telephone lines; and water and sewage lines
which pass over, under, or through the permit area, unless otherwise approved
by the owner of those facilities and the cabinet.