Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
350.100,
350.405,
350.415,
350.450,
350.465,
30 C.F.R. Parts 715, 823
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
350.020,
350.028(1),
(5), and
350.450
require the Energy and Environment Cabinet to promulgate environmental
protection performance standards specifically including special requirements
for the protection of prime farmland. This administrative regulation
establishes special requirements for the removal, stockpiling, replacement, and
revegetation of prime farmland.
Section
1. Scope and Purpose. This administrative regulation establishes
special environmental protection performance, reclamation, and design standards
for surface coal mining and reclamation operations on prime farmland.
Section 2. Responsibilities.
(1) 30 C.F.R. Part 823 requires the U.S. Soil
Conservation Service (SCS) within each state to establish specifications for
prime farmland soil removal, storage, replacement, and reconstruction. The
Kentucky specifications are established in "Soil Conservation Service, Kentucky
Standard and Specifications for Land Restoration, Currently Mined Prime
Farmland."
(2) 30 C.F.R. Part 823
requires the cabinet to use the soil-reconstruction specifications established
by the SCS, as referenced in subsection (1) of this section, to carry out its
responsibilities.
Section
3. Applicability. The requirements of this administrative
regulation, including the SCS prime farmland specifications of Section 2 of
this administrative regulation, shall apply to prime farmland affected by
surface coal mining and reclamation operations except that which has been
excluded in accordance with
405 KAR
8:050, Section 3(1).
Section 4. Soil Removal and Stockpiling.
(1) Prime farmland soils shall be removed
from the areas to be disturbed before drilling, blasting, or mining.
(2) The minimum depth of soil and soil
materials to be removed and stored for use in the reconstruction of prime
farmland shall be sufficient to meet the requirements of Section 5(1) of this
administrative regulation.
(3) Soil
removal and stockpiling operations on prime farmland shall be conducted to:
(a) Separately remove the topsoil, or remove
other suitable soil materials where the other soil materials will create a
final soil having a greater productive capacity than that which exists prior to
mining. If not utilized immediately, this material shall be placed in
stockpiles separate from the spoil and all other excavated materials;
and
(b)
1. Except as provided by subparagraph 2 of
this paragraph, separately remove the B or C horizon or other suitable soil
material to provide the thickness of suitable soil required by Section 5(1) of
this administrative regulation. If not utilized immediately, each horizon or
other material shall be stockpiled separately from the spoil and all other
excavated materials.
2. If
combinations of the soil materials created by mixing have been shown to be
equally or more favorable for plant growth than the B horizon, separate
handling shall not be required.
(4) Stockpiles shall be placed within the
permit area where they will not be disturbed or be subject to excessive
erosion. If left in place for more than thirty (30) days, stockpiles shall meet
the requirements of
405 KAR 16:050 or
405 KAR 18:050.
Section 5. Soil Replacement.
(1) The minimum depth of soil and substitute
soil material to be reconstructed shall be forty-eight (48) inches, or a lesser
depth equal to the depth to a subsurface horizon in the natural soil that
inhibits or prevents root penetration, or a greater depth if determined
necessary to restore the original soil productive capacity. The determination
of whether a horizon inhibits or prevents root penetration shall be in
accordance with the SCS specifications under Section 2 of this administrative
regulation.
(2) The operator shall
replace and regrade the soil horizons or other root-zone material with proper
compaction and uniform depth.
(3)
The operator shall replace the B horizon, C horizon, or other suitable material
specified in Section 4(3)(b) of this administrative regulation to the thickness
needed to meet the requirements of subsection (1) of this section.
(4) The operator shall replace the topsoil or
other suitable soil materials specified in Section 4(3)(a) of this
administrative regulation as the final surface soil layer. This surface soil
layer shall equal or exceed the thickness of the original surface soil layer,
as determined by the soil survey.
Section 6. Revegetation and Restoration of
Soil Productivity.
(1) Revegetation and
demonstration of successful restoration of soil productivity shall comply with
the requirements established in "Kentucky Prime Farmland Revegetation and Crop
Production Restoration After Mining," Kentucky Department for Natural Resources
in consultation with the U.S. Soil Conservation Service.
(2) Data on crop yields from restored prime
farmland soils shall be verified by the cabinet. The permittee shall notify the
appropriate regional office of the department of harvest dates in order to
provide the opportunity for cabinet personnel to monitor yield measurements.
This notification shall be in writing at least thirty (30) days prior to
anticipated harvest dates and shall be followed up by telephone prior to actual
harvest dates.
(3) This section
shall also apply to prime farmland mined under the interim regulatory program
under 30 C.F.R. Part 715 .
Section
7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Soil Conservation Service,
Kentucky Standard and Specifications for Land Restoration, Currently Mined
Prime Farmland", January 1986;
(b)
"Kentucky Prime Farmland Revegetation and Crop Production Restoration after
Mining", June 1985.
(2)
This material may be inspected, copied, or obtained, subject to applicable
copyright law, at the Division of Mine Permits, 300 Sower Boulevard, Frankfort,
Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
350.020,
350.028(1),
(5),
350.100,
350.450,
350.465
