Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.057,
350.465,
30 C.F.R. Parts 730-733, 735, 815, 917,
30 U.S.C. 1253,
1255,
1262
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part requires the cabinet to regulate coal exploration operations
which substantially disturb the natural land surface. This administrative
regulation sets forth the performance standards applicable to coal exploration
operations which substantially disturb the land surface.
Section 1. General Responsibility of Persons
Conducting Coal Exploration. Each person who conducts coal exploration which
substantially disturbs the natural land surface shall comply with the
provisions of Section 3 of this administrative regulation.
Section 2. Required Documents. Each person
who conducts coal exploration which removes more than twenty-five (25) tons of
coal or which is located in an area designated unsuitable for mining pursuant
to 405 KAR Chapter 24 shall, while in the exploration area, possess written
approval of the cabinet for the activities granted under
405 KAR 8:020,
Section 2. The written approval shall be available for review by the authorized
representative of the cabinet or OSM upon request.
Section 3. Performance Standards for Coal
Exploration. The performance standards in this section are applicable to coal
exploration which substantially disturbs land surface. For any cross-references
to the 405 KAR Chapter 8 permitting requirements made within those
administrative regulations of 405 KAR Chapter 16 that are referenced in this
section, the permitting requirements shall only apply to the extent set forth
in
405 KAR 8:020
and this administrative regulation.
(1)
Habitats of unique or unusually high value for fish, wildlife, and other
related environmental values and critical habitats of threatened or endangered
species identified pursuant to the Endangered Species Act of 1973
(16
USC 1531 et seq.) shall not be disturbed
during coal exploration.
(2) The
person who conducts coal exploration shall, to the extent practicable, measure
important environmental characteristics of the exploration area during the
operations, to minimize environmental damage to the area and to provide
supportive information for any permit application that person may submit under
405 KAR Chapter 8.
(3)
(a) Vehicular travel on other than
established graded and surfaced roads shall be limited by the person who
conducts coal exploration to that absolutely necessary to conduct the
exploration. Travel shall be confined to graded and surfaced roads during
periods when excessive damage to vegetation or rutting of the land surface
could result.
(b) Any new road in
the exploration area shall comply with the provisions of
405 KAR 16:220.
(c) Existing roads may be used for
exploration in accordance with the following:
1. All applicable federal, state, and local
requirements shall be met.
2. If
the road is significantly altered for exploration, including, but not limited
to, change of grade, widening, or change of route, or if use of the road for
exploration contributes additional suspended solids to stream flow or run-off,
then subsection (7) of this section shall apply to all areas of the road which
are altered or which result in the additional contributions of suspended
solids.
3. If the road is
significantly altered for exploration activities and will remain as a permanent
road after exploration activities are completed, the person conducting
exploration shall ensure that the requirements of
405 KAR 16:220 are met for
the design, construction, alteration, and maintenance of the road.
(d) Promptly after exploration
activities are completed, existing roads used during exploration shall be
reclaimed either:
1. To a condition equal to
or better than their preexploration condition; or
2. To the condition required for permanent
roads under
405 KAR 16:220.
(4) If excavations,
artificial flat areas, or embankments are created during exploration, these
areas shall be returned to the approximate original contour promptly after
these features are no longer needed for coal exploration.
(5) Topsoil shall be removed, stored, and
redistributed on disturbed areas as necessary to assure successful revegetation
or as required by the cabinet.
(6)
All areas disturbed by coal exploration activities shall be revegetated in a
manner that encourages prompt revegetation and recovery of a diverse,
effective, and permanent vegetative cover. Re-vegetation shall be accomplished
in accordance with the following:
(a) All
areas disturbed by coal exploration activities shall be seeded or planted to
the same seasonal variety native to the areas disturbed. If the preexploration
land use was intensive agriculture, planting of the crops normally grown shall
meet the requirements of this paragraph.
(b) The vegetative cover shall be capable of
stabilizing the soil surface from erosion.
(7) Diversions of overland flows and
ephemeral, perennial, or intermittent streams shall be made in accordance with
405 KAR
16:080.
(8) Each exploration hole, borehole, well, or
other exposed underground opening created during exploration shall meet the
requirements of
405 KAR
16:040.
(9) All facilities and equipment shall be
removed from the exploration area promptly when they are no longer needed for
exploration, except for those facilities and equipment that may remain to:
(a) Provide additional environmental quality
data;
(b) Reduce or control the on-
and off-site effects of the exploration activities; or
(c) Facilitate future surface mining and
reclamation operations by the person conducting the exploration, under an
approved permit.
(10)
Coal exploration shall be conducted in a manner which minimizes disturbance of
the prevailing hydrologic balance in accordance with
405 KAR
16:060 through
405 KAR
16:110. The cabinet may specify additional measures
which shall be adopted by the person engaged in coal exploration.
(11) Toxic- or acid-forming materials shall
be handled and disposed of in accordance with
405 KAR
16:060, Section 4 and
405 KAR
16:190, Section 3. If specified by the cabinet,
additional measures shall be adopted by the person engaged in coal
exploration.
Section 4.
Requirements for a Permit. Except as provided in
405 KAR 8:020,
Section 4(2), any person who extracts coal for commercial use or sale during
coal exploration operations that are subject to
405 KAR 8:020,
Section 2 shall first obtain a permit to conduct surface coal mining operations
under
405 KAR
8:010.
STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.057,
350.465, 30 C.F.R. Parts 730-733, 735, 815, 917,
30 U.S.C. 1253,
1255,
1262