RELATES TO:
KRS
350.010(2),
350.240,
350.300
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 350.028
authorizes the Environmental and Public Protection Cabinet to promulgate
administrative regulations pertaining to noncoal mineral operations to minimize
their adverse effects on the citizens and the environment of the commonwealth.
KRS
350.029 authorizes the cabinet to promulgate
reasonable administrative regulations to establish effective programs for the
control of surface soil disturbance in connection with mining as defined by the
Interstate Mining Compact.
KRS
350.240 authorizes the cabinet to promulgate
reasonable administrative regulations for the reclamation of land disturbed or
removed in the mining of clay.
KRS
350.300 authorizes the cabinet to formulate
and establish an effective program and standards for the conservation and use
of mined land. This administrative regulation establishes requirements for
backfilling and grading, handling of wastes, handling of acid or toxic-forming
materials, topsoil handling and conditioning, disposal of excess spoil, and
additional performance standards for mineral operations on steep slopes.
Section 1. Backfilling and Grading.
(1) General statement concerning backfilling.
All overburden that is not placed in approved excess spoil fills shall be
placed back in existing pits and graded.
(2) Surface drainage.
(a) Natural drainways in the area affected by
the mineral operation shall be kept free from overburden except if approved by
the cabinet in accordance with
405 KAR
5:032.
(b)
If, during the mineral operation, it is necessary to cross a natural drainway,
proper drainage structures shall be provided.
(c) Sufficient water retarding structures,
silt control structures, and diversion ditches, constructed as approved by the
cabinet in accordance with
405 KAR
5:032, shall be placed to control all runoff from the
mineral operation before the work begins. These structures shall be located as
near as possible to the disturbed area, and out-of-perennial streams unless
approved by the cabinet in accordance with
405 KAR
5:032.
(d)
Any water accumulating on a bench or similar area where the drainage is off the
mineral operation shall be pumped or siphoned into sediment control
structures.
(e) The moving of
overburden to release accumulated water shall be prohibited unless a drain-way
can be constructed with the approval of the cabinet. The cabinet may make this
approval if the cabinet finds that the release is necessary to prevent the
development of instability, and the release will not cause additional
environmental harm.
(3)
If the mineral operation produces a highwall, at least one (1) suitable access
shall be provided to lands above the highwall within each 4,000 feet of
distance along the highwall. In addition, access shall be provided as necessary
so no landowner is prevented access to his property.
(4) Spoil or overburden removed shall be
placed, graded, and stabilized so that soil erosion, surface disturbance, and
stream sedimentation will be minimized.
(5) All grading shall be kept current and
shall be completed before equipment pertinent to the mineral operation is moved
from the site unless approved, in writing, by the cabinet's inspector, after
making a finding that removal of the equipment is not in conflict with the
approved method of operation and will not impede compliance with
contemporaneous reclamation requirements.
(6) If conditions develop in the mineral
operation so that the approved reclamation plan and backfilling and grading
plan cannot be carried out as planned, modifications of the plan shall be
submitted by the mineral operator to the cabinet for approval in accordance
with
405 KAR
5:032.
Section 2. Waste Materials.
(1) The conduct of mining and the handling of
refuse and other mining wastes shall be done in such a way as to reduce adverse
effects in the area and to protect the public and adjoining landowners from
damage to their lands, to streams, and to other property.
(2) Upon final abandonment, all buildings,
structures, metal, lumber, and other refuse resulting from the mineral
operation shall be removed or buried.
(3) Spoil, overburden, refuse, or any other
mining waste shall not be placed on a previous or potential slide area. The
placement of the material shall be subject to approval by the cabinet in
accordance with
405 KAR
5:032.
(4)
Unless specifically authorized by the cabinet by a permit from the Division of
Waste Management, household wastes or other wastes, generated off site, shall
not be placed within the pit area or within the permit boundary of a mineral
operation.
Section 3.
Acid forming or Toxic Forming Materials.
(1)
All acid or toxic forming material shall be buried with not less than four (4)
feet of clean fill as cover.
(2)
Measures shall be taken to prevent stream and soil pollution, such as placement
of acid or toxic forming materials outside of natural drainways.
(3) The mineral permittee shall conduct
testing of materials as directed by the cabinet in order to prevent stream and
soil pollution.
Section
4. Topsoil Handling.
(1) General
requirements.
(a) If practicable, all topsoil
or subsoil to be saved for redistribution, specified under subsection (2) of
this section, shall be removed as a separate layer or layers from the area to
be disturbed and shall be segregated from other materials.
(b) If practicable, after removal, these
materials shall be redistributed immediately to backfill areas, or otherwise
stockpiled.
(c) After
redistribution, if the topsoil becomes encrusted and hard, it shall be
scarified prior to seeding.
(2) Soil removal. For areas where topsoil is
to be removed and saved as a plant growth medium:
(a) Vegetative cover that would interfere
with the salvage or use of the topsoil shall be cleared. Herbaceous vegetation
and other small plant forms which will add to the organic constituency of the
topsoil, but do not interfere with topsoil salvaging, may be retained along
with the topsoil.
(b) All the
topsoil present in the area to be disturbed shall be removed and segregated for
redistribution.
1. If less than six (6) inches
of topsoil is present, then at least the upper six (6) inches of soil shall be
removed and segregated for redistribution, except where less than six (6)
inches of soil is present.
2. If
less than six (6) inches of soil is present, whatever soil and subsoil is
available, at the area to be disturbed, shall be removed and segregated for
redistribution.
(3) Soil storage.
(a) Soil materials removed pursuant to
subsection (2) of this section shall be stockpiled only if it is impractical to
promptly redistribute the materials on regraded areas.
(b) Stockpiled soil shall be selectively
placed on stable areas, outside of water drainways and shall:
1. Be protected from wind and water erosion
through the seeding of quick cover grasses or legumes and application of
mulch;
2. Be seeded with perennial
grasses and legumes if the soil is to be stockpiled for more than two (2)
years; and
3. Be protected from
unnecessary compaction.
(4) Soil amendments.
(a) Lime shall be applied to redistributed
topsoil in an amount to obtain a buffer pH of six and four-tenths
(6.4).
(b) Adequate fertilizer
shall be applied to redistributed topsoil. At a minimum, 100 pounds of nitrogen
(N) and 100 pounds of phosphate (P205) shall be applied per acre.
(c) Areas where topsoil has been
redistributed shall be seeded with quick cover and permanent grasses and
legumes as soon as possible during first normal period of favorable
planting.
(d) Suitable mulch or
other soil stabilizing practices shall be used in addition to temporary cover
on all regraded and topsoiled areas to control erosion, promote germination of
seeds, and increase the moisture retention capacity of the soil. The cabinet
may, on a case-by-case basis, waive the requirement for mulch if the cabinet
finds, based on seasonal, soil, and slope factors, that the temporary
vegetative cover will achieve proper erosion control until a permanent cover is
established, except that no waiver shall be granted for any area having a slope
greater than ten (10) percent.
Section 5. Disposal of Excess Spoil.
(1) General. Excess spoil shall be placed in
designated disposal areas, within a permit area, in a controlled manner to:
(a) Minimize the adverse effects of leachate
and surface water runoff from the fill on surface and ground water;
(b) Ensure mass stability and prevent mass
movement during and after construction; and
(c) Ensure that the final fill is suitable
for reclamation and revegetation compatible with the natural surroundings and
the approved postmining land use.
(2) Location. If possible, placement in pits
shall be the preferred location for disposal. Otherwise the disposal area shall
be located on the most moderately sloping and naturally stable area available
among those upon which, in the judgment of the cabinet, spoil could be placed
in compliance with all applicable requirements of 405 KAR Chapter 5, and shall
be placed, if possible, upon or above a natural terrace, bench, or berm if this
placement provides additional stability and prevents mass movement.
(3) Placement in pits. On a case-by-case
basis, the cabinet may waive all or part of the requirements of subsections (4)
through (7) of this section if spoil is placed in pits where there is no
potential for mass movement or substantial erosion.
(4) Design certification.
(a) The fill and appurtenant structures shall
be designed using current, prudent engineering practices by a qualified,
registered professional engineer experienced in the design of earth and rock
fills who shall certify the design of the fill and appurtenant
structures.
(b) The fill shall be
designed and constructed to attain a minimum long- term static safety factor of
one and five-tenths (1.5). The foundation and abutments of the fill and all
other features shall be sufficient to ensure stability of the fill and
appurtenant structures under all stages and conditions of
construction.
(5)
Stability.
(a) Stability analyses shall be
performed by a qualified, registered professional engineer.
1. The cabinet shall approve parameters used
in the stability analyses if the parameters are based upon adequate
investigations of foundation and fill material, including field reconnaissance;
subsurface investigations; and data obtained from laboratory analyses of the
materials.
2. The cabinet may
approve parameters based upon data obtained from sources other than laboratory
analyses of the materials if that data would yield results which ensure
compliance with the stability requirements of this administrative
regulation.
3. The analyses of
foundation conditions shall take into consideration the effect of underground
mine workings, if any exist in the area, upon the stability of the fill and
appurtenant structures.
(b) If the toe of the fill rests on an area
which has a natural land slope in excess of 2.8h:1v (thirty-six (36) percent)
or a lesser slope as may be designated by the cabinet based on local
conditions, keyway cuts (excavations to stable bedrock), rock toe buttresses,
or a combination of these shall be constructed to ensure stability of the
fill.
(6) Placement of
excess spoil.
(a) Vegetative and organic
materials shall be removed, either progressively or in a single set of
operations, from the disposal area prior to placement of the excess spoil.
Topsoil shall be removed, segregated, and stored and redistributed in
accordance with Section 4 of this administrative regulation. If approved by the
cabinet in accordance with
405 KAR
5:032, 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.
(b) Excess spoil shall be transported and
placed in a controlled manner in horizontal lifts of a thickness approved by
the cabinet to ensure stability based on site specific conditions; concurrently
compacted as necessary to ensure mass stability and to prevent mass movement
during and after construction; graded so that surface and subsurface drainage
is compatible with the natural surroundings; and covered with topsoil or
substitute material.
(c)
1. The final configuration of the fill shall
be suitable for the approved postmining land use.
2. The top of the fill shall be graded no
steeper than 20h:1v (five (5) percent) toward properly designed drainage
channels in natural ground along the periphery of the fill. Surface runoff from
the top surface of the fill shall not be allowed to flow over the outslope of
the fill. The outslope of the fill shall not exceed 2h:1v (fifty (50) percent)
or a lesser slope as may be required by the cabinet to ensure stability or
minimize erosion, in accordance with
405 KAR
5:032.
3.
Terraces may be constructed on the outslope of the fill. Terrace benches shall
be graded with a three (3) to ten (10) percent slope toward the fill. The
outslope between terrace benches shall not exceed 2h:1v (fifty (50) percent) or
a lesser slope as may be required by the cabinet to ensure stability or
minimize erosion, in accordance with
405 KAR 5:032
E. Runoff shall be collected by a ditch along the intersection of each terrace
bench and the outslope. This ditch shall route runoff to stabilized diversion
channels and shall have a maximum slope that is no greater than 20h:1v (five
(5) percent) unless a steeper slope is necessary for permanent roads in
conjunction with an approved postmining land use and a steeper slope will not
adversely affect the stability of the fill or result in excessive
erosion.
(d)
Impoundments shall not be allowed on the fill.
(7) Drainage control.
(a) The fill design shall include diversions
and underdrains as necessary to control erosion, minimize water infiltration
into the fill, and ensure stability except the cabinet may waive under-drain
requirements for fills that are not hollowfills if it is demonstrated to the
cabinet's satisfaction in the application that underdrains are not necessary
because the disposal area does not contain any springs, manmade or natural
drainways, or wet weather seeps and because seepage of water due to
precipitation will not adversely affect the stability of the fill. Surface
runoff from above the fill shall not be diverted through or under the
fill.
(b) Surface water runoff from
the area above the fill shall be diverted away from the fill and into
stabilized diversion channels. Surface runoff from the fill surface shall be
diverted to stabilized channels off the fill. Diversions associated with excess
spoil fills and appurtenant structures shall be designed and maintained to
safely pass the peak runoff from a ten (10) year, twenty-four (24) hour
precipitation event, except that diversions associated with hollowfills and
where flow from an intermittent or perennial stream is diverted the design
event shall be the 100 year, twenty-four (24) hour precipitation
event.
(c) Underdrains shall be
constructed of durable, nonacid forming, and nontoxic forming rock; shall be
free of coal, clay, and nondurable material; and shall be designed and
constructed using current, prudent engineering practices. The underdrain system
shall be protected from piping and contamination by a filter system designed
and constructed to ensure proper long-term functioning of the underdrain using
current, prudent engineering practices. For hollowfills a subdrainage system
for the fill shall be constructed in accordance with the following:
1. Be installed along the natural
drainways;
2. Extend from the toe
to the head of the fill; and
3.
Contain lateral drains to each area of potential drainage or seepage.
(d) The cabinet may approve
diversions located on fill material if necessary due to topography and
configuration of the fill, if the cabinet determines that there will be no
adverse impacts to the excess spoil fill, the public health and safety, and the
environment.
(8) Surface
area stabilization. During and after construction of the fill and appurtenant
structures, slope protection shall be provided to minimize surface erosion at
the site of excess spoil disposal and at the locations of appurtenant
structures. All disturbed areas, including diversion channels that are not
riprapped or otherwise protected, shall be revegetated upon completion of
construction.
Section 6.
Additional performance standards for mineral operations on slopes of more than
twenty (20) degrees.
(1) The mineral
permittee shall prevent the following materials from being placed or allowed to
remain on the downslope:
(a) Spoil;
(b) Waste materials, including waste mineral
matter;
(c) Debris, including that
from clearing and grubbing of haul road construction; and
(d) Abandoned or disabled
equipment.
(2) Nothing
in this section shall prohibit the placement of material in road embankments
located on the downslope, so long as the material used and embankment design
comply with the requirements for roads and other transportation facilities in
405 KAR Chapter 5 and the material is moved and placed in a controlled
manner.
(3) Woody materials shall
not be buried in the backfilled area unless the cabinet determines that the
proposed method for placing woody material within the backfill will not
deteriorate the stable condition of the backfilled area. Woody materials may be
chipped and distributed over the surface of the backfill as mulch, if special
provision is made for their use and approved by the cabinet.
(4) Unlined or unprotected drainage channels
shall not be constructed on backfills unless approved by the cabinet as stable
and not subject to erosion.