Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.093,
350.095,
350.100,
350.151,
350.410,
350.450,
350.465,
30 C.F.R. Parts 730-733, Part 735,
817.133,
Part 917,
30 U.S.C. 1253,
1255,
1266
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
350.465 requires the Energy and Environment
Cabinet to promulgate administrative regulations establishing performance
standards for protection of people and property, land, water and other natural
resources, and aesthetic values, during underground mining activities and for
restoration and reclamation of surface areas affected by underground mining
activities. This administrative regulation establishes requirements for
restoring surface land use capability after completion of underground mining
activities, and specific criteria for approval of postmining land uses that
differ from the premining land use.
Section
1. General.
(1) Prior to the
final release of the performance bond, affected areas shall be restored in a
timely manner:
(a) To conditions capable of
supporting the uses which the areas were capable of supporting before any
mining; or
(b) To conditions
capable of supporting higher or better alternative uses as approved by the
cabinet under Section 4 of this administrative regulation.
(2) The following land uses shall apply under
this administrative regulation:
(a)
Cropland;
(b)
Pastureland;
(c) Forest
land;
(d) Residential;
(e) Industrial/commercial;
(f) Recreation;
(g) Fish and wildlife;
(h) Developed water resources;
(i) Undeveloped land or no current use or
land management.
Section
2. Premining and Postmining Land Use.
(1) The premining uses of land to which the
postmining land use is compared shall be those uses which the land previously
supported if the land has not been previously mined. The premining land use for
a specific area shall be determined based on the prevalent or dominant use,
vegetative types, and features present at that area; except that more than one
(1) land use can exist within an area to be affected by surface operations and
facilities.
(2)
(a) The postmining land use for land that has
been previously mined, and not reclaimed in compliance with 405 KAR Chapters 7
through 24, shall be judged on the basis of the land use that existed prior to
any mining.
(b) If the land cannot
be reclaimed to the land use that existed prior to any mining because of the
previously mined condition, the postmining land use shall be judged on the
basis of the highest and best use that can be achieved which is compatible with
surrounding areas and does not require the disturbance of areas previously
unaffected by mining.
(3) Prime farmland that has been historically
used for cropland that is not exempted by
405 KAR
8:050, Section 3 shall have a postmining land use of
cropland.
(4)
(a) The land use category of "undeveloped
land or no current use or land management" shall not be used to designate a
postmining land use.
(b) If the
premining land use is "undeveloped land or no current use or land management",
and if consistent with subsection (2) of this section and Section 3 of this
administrative regulation:
1. If trees are
dominant on the area prior to mining, the area may be designated as forestland
for the postmining land use without compliance with the procedures and criteria
for an alternative postmining land use.
2. For all other cases, the area may be
designated as fish and wildlife for the postmining land use without compliance
with the procedures and criteria for an alternative postmining land
use.
(5)
Slope limitations for specific postmining land uses. The limitations in this
subsection shall apply to permits issued after November 26, 1991. Portions of
the area affected by surface operations and facilities with slopes greater than
twenty (20) percent (eleven and three-tenths (11.3) degrees) shall not be
designated as cropland, including hay production.
(6) Steep slope operations with variances
from approximate original contour shall comply with the requirements of
405 KAR 20:060,
Section 3(2).
Section 3.
Historical Land Use. If the premining use of the land was changed within five
(5) years of the date of application for a permit to conduct surface coal
mining and reclamation operations, the historical use of the land as well as
the land use immediately preceding the date of application shall be considered
in establishing the premining capability of the land to support a variety of
feasible uses.
Section 4.
Alternative Postmining Land Use. Higher or better alternative postmining land
uses shall be approved by the cabinet if the following criteria are met:
(1) There is a reasonable likelihood that the
land use will be achieved;
(2) The
use will not be impractical or unreasonable;
(3) The landowner or the land management
agency having jurisdiction over the lands has been consulted, and the proposed
alternative postmining land use is consistent with applicable land use policies
and plans;
(4) The proposed use
will not present an actual or probable hazard to public health or safety or
threat of water pollution or diminution of water availability;
(5) The proposed use will not involve
unreasonable delays in implementation; and
(6) The proposed use will not cause or
contribute to violation of federal, state, or local law.
STATUTORY AUTHORITY:
KRS
350.020,
350.028(1),
(5),
350.151,
350.465,
30 C.F.R. Parts 730-733, Part 735,
817.133,
Part 917,
30 U.S.C. 1253,
1255,
1266
