Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.020,
350.028,
350.151,
350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
the 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 general requirements for
the design, construction, and maintenance of support facilities and
transportation facilities other than roads, and the restoration of areas
affected by these facilities.
Section
1. Other Transportation Facilities. Railroad loops, spurs,
sidings, surface conveyor systems, chutes, aerial tramways, or other transport
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 contribution shall not be in excess of limitations of
state or 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
Installations.
(1) Support facilities required
for, or used incidentally to, the operation of the underground mine, including
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 that shall 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 and run off outside
the permit area. Contributions shall not be in excess of limitations of state
or federal law.
(2) All
underground mining activities shall be conducted in a manner that 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 that pass over, under, or through the permit
area or shadow area, unless otherwise approved by the owner of those facilities
and the cabinet.
STATUTORY AUTHORITY:
KRS 350.028,
350.465
