KRS 350.440: Placement of excess spoil.

The permittee or operator shall place all excess spoil material resulting from surface coal

mining and reclamation operations pursuant to this chapter in the following manner:

(1) Spoil is transported and placed in a controlled manner in position for concu rrent

compaction (where advisable) and in such a way as to assure mass stability and to

prevent mass movement;

(2) The areas of disposal are within the bonded permit areas and all organic matter shall

be removed immediately prior to spoil placement;

(3) Appropriate surface and internal drainage systems and diversion ditches are used so

as to prevent spoil erosion and movement;

(4) The disposal area does not contain springs, natural watercourses, or wet -weather

seeps unless lateral drains are constructed from the wet area to the main underdrains

in such a manner that filtration of the water into the spoil pile will be prevented;

(5) If placed on a slope, the spoil is placed upon the most moderate slope among those

upon which, in the judgment of the cabinet, t he spoil could be placed in compliance

with all the requirements of this chapter and shall be placed, where possible, upon,

or above, a natural terrace, bench, or berm, if the placement provides additional

stability and prevents mass movement;

(6) Where the toe of the spoil rests on a downslope, a rock toe buttress of sufficient size

to prevent mass movement is constructed;

(7) The final configuration is compatible with the natural drainage pattern and

surroundings and suitable for intended uses;

(8) Design of the spoil disposal area is certified by a qualified registered professional

engineer in conformance with professional standards; and

(9) All other provisions of this chapter are met.