KRS 350.420: Minimization of the disturbance to hydrologic balance.

The permittee, operator, or person shall minimize disturbances to the prevailing

hydrologic balance at the mine site and in associated offsite areas and to the quality and

quantity of water in surface and ground water systems both during and after surface coal

mining operations and during reclamation by:

(1) Avoiding acid or other toxic mine drainage by such measures as, but not limited to:

(a) Preventing or removing water from contact with toxic producing deposits;

(b) Treating drainage to reduce toxic content which adversely affects downstream

water upon being released to watercourses; and

(c) Casing, sealing, or otherwise managing boreholes, shafts, and wells and

keeping acid or other toxic drainage from entering ground and surface waters;

(2) Conducting surface coal mining operations so as to prevent, to the extent possible

using the best technology currently available, additional contributions of suspended

solids to streamflow, or runoff outside the permit area, but in no event shall

contributions be in excess of requirements set by applicable state or federal law;

(3) Constructing any siltation structures pursuant to subsection (2) of this section prior

to commencement of surface coal mining operations, the structures to be certified

by a qualified regis tered engineer to be constructed as designed and as approved in

the reclamation plan;

(4) Cleaning out and removing temporary or large settling ponds or other siltation

structures from drainways after disturbed areas are revegetated and stabilized, and

depositing the silt and debris at a site and in a manner approved by the cabinet;

however, settling ponds and siltation structures may be left and not removed if

determined to be safe and written approval is granted by the cabinet pursuant to its

regulations;

(5) Restoring recharge capacity of the mined area to approximate premining conditions;

(6) Avoiding channel deepening or enlargement in operations requiring the discharge of

water from mines; and

(7) Such other actions as the cabinet may prescribe.