RELATES TO:
KRS 350.093,
350.095,
350.100,
350.405,
350.410,
350.450,
350.465,
30 C.F.R. Parts 730-733, 735,
816.133,
917,
30 U.S.C. 1253,
1255,
1265
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 350.465 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 surface mining activities and for restoration and reclamation of
surface areas affected by mining activities. This administrative regulation
establishes requirements for restoring land use capability after completion of
surface mining activities and specific criteria for approval of postmining land
uses that differ from the premining land use.
Section 1. General.
(1) Prior to the final release of performance
bond, affected areas shall be restored in a timely manner:
(a) To conditions capable of supporting the
uses that the areas were capable of supporting before any mining; or
(b) To conditions capable of supporting
higher or better alternative uses as approved by the cabinet under Section 4 of
this administrative regulation.
(2) The following land uses shall apply under
this administrative regulation:
(a)
Cropland;
(b)
Pastureland;
(c) Forest
land;
(d) Residential;
(e) Industrial or commercial;
(f) Recreation;
(g) Fish and wildlife;
(h) Developed water resources; and
(i) Undeveloped land or no current use or
land management.
Section
2. Premining and Postmining Land Use.
(1) The premining uses of land to which the
postmining land use is compared shall be those uses that the land previously
supported if the land has not been previously mined. The premining land use for
a specific area shall be determined based on the prevalent or dominant use,
vegetative types, and features present at that area. More than one (1) land use
may exist within a proposed permit boundary.
(2)
(a) The
postmining land use for land that has been previously mined, and not reclaimed
in compliance with 405 KAR Chapters 7 through 24, shall be judged on the basis
of the land use that existed prior to any mining.
(b) If the land cannot be reclaimed to the
land use that existed prior to any mining because of the previously mined
condition, the postmining land use shall be judged on the basis of the highest
and best use that can be achieved that is compatible with surrounding areas and
does not require the disturbance of areas previously unaffected by
mining.
(3) Prime
farmland that has been historically used for cropland that is not exempted by
405 KAR 8:050, Section 3 shall have a postmining land use of
cropland.
(4)
(a) The land use category of "undeveloped
land or no current use or land management" shall not be used to designate a
postmining land use.
(b) If the
premining land use is "undeveloped land or no current use or land management",
and if consistent with subsection (2) of this section and Section 3 of this
administrative regulation:
1. If trees are
dominant on the area prior to mining, the area may be designated as forestland
for the postmining land use without compliance with the procedures and criteria
for an alternative postmining land use; or
2. For all other cases, the area may be
designated as fish and wildlife for the postmining land use without compliance
with the procedures and criteria for an alternative postmining land
use.
(5)
Slope limitations for specific postmining land uses. The limitations in this
subsection shall apply to permits issued after November 26, 1991. Portions of
the permit area with slopes greater than twenty (20) percent (eleven and
three-tenths (11.3) degrees) shall not be designated as cropland, including hay
production.
(6) Steep slope
operations with variances from approximate original contour shall comply with
the requirements of
405 KAR 20:060,
Section 3(2), and mountaintop removal operations shall comply with
405 KAR 8:050, Section 4(3).
Section 3. Historical Land Use. If the
premining use of the land was changed within five (5) years of the date of
application for a permit to conduct surface coal mining and reclamation
operations, the historical use of the land as well as the land use immediately
preceding the date of application shall be considered in establishing the
premining capability of the land to support a variety of feasible uses.
Section 4. Alternative Postmining
Land Use. Higher or better alternative postmining land uses shall be approved
by the cabinet if the following criteria are met:
(1) There is a reasonable likelihood that the
land use will be achieved;
(2) The
use will not be impractical or unreasonable;
(3) The landowner or the land management
agency having jurisdiction over the lands has been consulted, and the proposed
alternative postmining land use is consistent with applicable land use policies
and plans;
(4) The proposed use
will not present an actual or probable hazard to public health or safety or
threat of water pollution or diminution of water availability;
(5) The proposed use will not involve
unreasonable delays in implementation; and
(6) The proposed use will not cause or
contribute to violation of federal, state, or local law.
