Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.010,
350.028,
350.090,
350.410,
350.420,
350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part requires the cabinet to promulgate environmental protection
performance standards for surface coal mining operations, including auger
mining. This administrative regulation sets forth additional performance
standards for auger mining. This administrative regulation specifies certain
distances between auger holes, criteria for plugging auger holes, and
situations in which an auger hole need not be plugged.
Section 1. Additional Performance Standards.
(1) All auger mining operations shall be
conducted so as to maximize the utilization and conservation of coal in
accordance with
405 KAR 16:010
and shall be planned and conducted to maximize recoverability of mineral
reserves remaining after the mining and reclamation activities are completed.
Each permittee who conducts auger mining operations shall leave areas of
undisturbed coal to provide access for removal of coal reserves by future
underground mining activities unless the cabinet determines that the coal
reserves have been depleted or are limited in thickness or extent to the point
that it will not be practicable to recover the remaining coal reserves. The
cabinet shall make such a determination only upon presentation of appropriate
technical evidence by the permittee. Except where the applicant designates
specific areas where the applicant plans to develop future entryways for
underground mining, undisturbed areas of coal shall be left in unmined sections
which:
(a) Are a minimum of 250 feet wide at
any point between each group of auger openings to the full depth of the auger
hole;
(b) Are no more than 2,500
feet apart measured from the center of one (1) section to the center of the
next section unless a greater distance is set forth in the permit application
under
405 KAR
8:050, Section 2; and
(c) For multiple seam mining, have a width of
at least 250 feet plus fifty (50) feet for each subjacent workable coal seam.
The centers of all unmined sections shall be aligned vertically.
(2) No auger hole shall be made
closer than 500 feet in horizontal distance to any abandoned or active
underground mine workings except as approved in accordance with
405 KAR
16:010, Section 3.
(3) In order to prevent pollution of surface
and groundwater and to reduce fire hazards, each auger hole, except as provided
in subsection (4) of this section, shall be plugged so as to prevent the
discharge of water from the hole and access of air to the coal as follows:
(a) Each auger hole discharging water
containing toxic-forming or acid-forming material shall be plugged within
seventy-two (72) hours after completion by backfilling and compacting
noncombustible and impervious material into the hole to a depth sufficient to
form a watertight seal. All discharges shall be treated as necessary to meet
the requirements of
405 KAR
16:070, Section 1(1)(g) until the hole is properly
sealed; and
(b) Each auger hole not
discharging water containing acid-forming or toxic-forming material shall be
sealed as in paragraph (a) of this subsection to close the opening within
thirty (30) days following completion.
(4) An auger hole need not be plugged if the
cabinet finds that:
(a) Impoundment of the
water which would result from plugging the hole may create a hazard to the
environment or public health or safety;
(b) Drainage from the auger hole will not
pose a threat of pollution to surface water and will comply with the
requirements of
405 KAR
16:060, Section 1 and
405 KAR
16:070; and
(c) Drainage from the auger hole will not
result in instability of the backfill.
(5) The cabinet shall prohibit auger mining
if it determines that:
(a) Adverse water
quality impacts cannot be prevented or corrected;
(b) Fill stability cannot be achieved;
or
(c) The prohibition is necessary
to maximize the utilization, recoverability, or conservation of the solid fuel
resources.
(6) Auger
mining shall comply with the performance standards for subsidence at
405 KAR
18:210.