Current through Register Vol. 50, No. 9, March 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part, requires the cabinet to promulgate administrative regulations
pertaining to noncoal mineral operations to minimize their adverse effects on
the citizens and the environment of the Commonwealth. This administrative
regulation sets forth provisions concerning land use decisions for noncoal
mineral operations.
Section 1. General.
All areas within the permit boundary to be reclaimed shall be restored:
(1) To conditions capable of supporting the
uses which those areas supported prior to the mineral operation; or
(2) To conditions capable of supporting a
reasonable, alternative land use, as approved by the cabinet under Section (2)
of this administrative regulation.
Section 2. Land Use Selection.
(1) The following is a list of land use
categories to be applied under this administrative regulation. These land uses
are defined under 405 KAR 5:001, as is the definition of land use:
(a) Cropland;
(b) Fish and wildlife;
(c) Forest land;
(d) Industrial/commercial;
(e) Pastureland;
(f) Recreation;
(g) Residential; and
(h) Permanent water impoundment.
(2) The premining land use
selection, required under 405 KAR 5:030, shall be derived from the list of land
uses established under subsection (1) of this section.
(3) The postmining land use selection,
required under 405 KAR 5:030, shall be derived from the list of land uses
established under subsection (1) of this section. The premining land use shall
be strongly considered and be given the highest priority for the postmining
land use selection.
(4) A land use
for fish and wildlife shall be characterized by an intermixed combination of
habitat types or vegetative types, such as a mix of forest land or woodlots,
shrub/scrub areas, grass/legume areas, and wetland or open water areas,
arranged in a manner as to maximize edge effect. In addition, the following
specifications shall apply to a postmining land use selection for fish and
wildlife:
(a) At least thirty (30) percent of
the revegetated area shall be planted with trees and shrubs. The plantings may
be arranged in clumps, blocks, or strips intermingled within open grass/legume
areas.
(b) Plant species which
provide special benefit as food or cover for wildlife shall be a central
criteria for selection of plant species for revegetation.
(5) Various wildlife enhancement features and
techniques may be allowed, if approved by the cabinet, for the fish and
wildlife postmining land use, as well as the other land uses, such as:
(a) Brush piles, not to exceed an aerial
coverage of 2,800 square feet;
(b)
Windrowed brush;
(c) Rock piles,
not to exceed an aerial coverage of 300 square feet;
(d) Permanent impoundments and other open
water areas;
(e) Food plots of
small grains or similar crops; and
(f) Bird houses or similar
structures.
