KRS 350.445: Steep -slope strip mining -- Performance standards -- Conditions for

disturbing land above highwall for road construction.

The following performance standards shall be applicable to steep -slope strip mining and

shall be in addition to those general per formance standards required by KRS 350.405 to

350.435; provided, however, that the provisions of this section shall not apply to those

situations in which a permittee or operator is mining on flat or gently rolling terrain, on

which an occasional steep slo pe is encountered through which the mining operation is to

proceed, leaving a plain or predominantly flat area, or where a permittee or operator is in

compliance with the provisions of KRS 350.450(2):

(1) The permittee or operator shall insure that when pe rforming strip mining on steep

slopes, debris, abandoned or disabled equipment, spoil material, or waste mineral

matter not be placed on the downslope below the bench or mining cut; provided,

that spoil material in excess of that required for the reconstru ction of the

approximate original contour under the provisions of KRS 350.410 or 350.445(2)

shall be permanently stored pursuant to KRS 350.440.

(2) The permittee or operator shall complete backfilling with spoil material and shall be

required to cover com pletely the highwall and return the site to the approximate

original contour, which material will maintain stability following mining and

reclamation.

(3) The permittee or operator may not disturb land above the top of the highwall unless

the cabinet finds that the disturbance will facilitate compliance with the

environmental protection standards of this subsection; provided, however, that the

land disturbed above the highwall shall be limited to that amount necessary to

facilitate compliance. The land abov e the highwall may be disturbed for

construction of a permanent road only where the applicant affirmatively

demonstrates, and the cabinet makes a detailed and written determination, that the

proposed disturbance facilitates compliance with this chapter and provided that the

land disturbed shall be limited to that amount necessary to facilitate such

compliance. The cabinet shall make this determination upon a demonstration by the

permittee that:

(a) The permittee will completely eliminate the production high wall and backfill

the mined areas to approximate original contour with no road remaining on

the bench;

(b) The road will be placed on a solid base rather than on fill material and

drainage will be diverted from the mining area;

(c) The road will comply wit h all applicable design criteria, including a drainage

plan for avoiding seepage or uncontrolled discharge of water into the

backfilled areas;

(d) The spoil calculations and spoil disposal plans include the road cut material

and the extent, if any, that ro ad cut material will be used to eliminate a

production highwall;

(e) The road will connect to another road or roads and is necessary in order to

support the approved postmining land uses;

(f) Where practical and feasible, an undisturbed barrier will be lef t between the

production highwall and the road itself. When an undisturbed barrier is not

feasible, witness monuments will be left at a minimum of two (2) locations

above the production highwall;

(g) The road will be constructed to a size and design approp riate to the proposed

post-mining land use;

(h) The proposed mine plan and sequencing of the road construction in relation to

the mining activity will minimize placement of spoil material into valley or

hollow fills and will maximize permanent retention of mined spoil on the

mine bench;

(i) There will be no coal removal from the construction of the permanent road

except for incidental nonmerchantable coal that is disposed of in an approved

manner; and

(j) All other performance standards of the chapter are met.

(4) For the purposes of this section, the term "steep slope" is any slope above twenty

(20) degrees or such lesser slope as may be defined by the cabinet, by regulation,

after consideration of soil, climate, and other characteristics of the region.