{"data":{"id":"us-ky/krs-224.16-070","jurisdiction":"us-ky","citation":"KRS 224.16-070","heading":"Water quality certifications for surface coal mining operations for","body":"applicants eligible for Nationwide Permit 21 or 26.\n(1) This section shall apply to the cabinet's issuance, waiver, or denial of water quality\ncertifications for surface coal mining operations, as defined in KRS 350.010, if:\n(a) The applicant for the water quality certification has applied to the cabinet for a\npermit in accordance with KRS Chapter 350 and the administrative\nregulations promulgated pursuant thereto;\n(b) The applicant  for the water quality certification is eligible for Nationwide\nPermit 21 or 26 issued in accordance with 33 U.S.C. sec. 1344 and 33 C.F.R.\nPart 330, Appendix A;\n(c) The applicant's surface coal mining operation will not impact waters of the\nCommonwealth d esignated by the cabinet in its water quality standards as\noutstanding state or national resource waters or as cold water aquatic habitat;\nand\n(d) The applicant's surface coal mining operation will not impact waters of the\nCommonwealth which are wetlands one (1) acre or more in size.\n(2) If the watershed above the toe of the farthest downstream permanent structure\nauthorized pursuant to Nationwide Permit 21 or 26 is less than four hundred eighty\n(480) acres for the surface coal mining operation meeting the criteria of subsection\n(1) of this section, the cabinet shall issue a water quality certification containing\nonly the standard conditions set out in paragraphs (a) to (e) of this subsection.\n(a) All earthwork operations shall be carried out so that sedimen t runoff and soil\nerosion to waters of the Commonwealth are controlled and minimized. Best\nmanagement practices for water pollution control shall be used by the surface\ncoal mining operation.\n(b) Heavy equipment, such as bulldozers, backhoes, and draglines , shall not be\nused or operated within waters of the Commonwealth outside of the\nboundaries of a permanent structure, unless that use cannot be avoided. If use\nof heavy equipment within waters of the Commonwealth outside the\nboundaries of a permanent struc ture is unavoidable, then the work shall be\nperformed so as to minimize resuspension of sediments and disturbance to\nsubstrates, banks, or riparian vegetation.\n(c) Measures shall be taken to prevent and to control spills of fuels, lubricants,\nand other materials from entering waters of the Commonwealth.\n(d) Any fill or riprap shall be of a composition that shall not cause violations of\nwater quality standards by adversely affecting the biological, chemical, or\nphysical properties of waters of the Commonweal th. If riprap is used, it shall\nbe of a weight and size that bank stress or slump conditions shall not occur.\n(e) Removal of riparian vegetation outside the boundaries of a permanent\nstructure shall be minimized.\n(3) (a) If the watershed above the toe of t he farthest downstream permanent structure\nauthorized pursuant to Nationwide Permit 21 or 26 is greater than or equal to\nfour hundred eighty (480) acres for the surface coal mining operation meeting\nthe criteria of subsection (1) of this section, the cabin et may require a water\nquality certification containing conditions in addition to those standard\nconditions identified in subsection (2) of this section for the purpose of\nprotecting water quality.\n(b) The water quality certification may requir e mitigation at a maximum ratio of\none (1) acre of mitigation area for every one (1) acre of permanent loss of\nwaters of the Commonwealth on the permitted area, except for waters of the\nCommonwealth isolated as a result of the permanent structure.\n(c) For waters of the Commonwealth isolated as a result of a permanent structure,\nthe maximum mitigation ratio shall be five-tenths (0.5) acre of mitigation area\nfor every one (1) acre of those isolated waters.\n(d) The cabinet shall accept mitigation on the permit ted area, mitigation off the\npermitted area, mitigation banking of waters of the Commonwealth, or any\ncombination thereof, or any other mitigation measure acceptable to the\ncabinet.\n(e) Upon completion of all mitigation work required by the water quality\ncertification required by this subsection, the surface coal mining operation\nshall obtain a certification from a registered professional engineer that all\nmitigation work has been completed in accordance with the conditions of the\nwater quality certificatio n. The surface coal mining operation shall promptly\nsubmit the professional engineer's certification to the cabinet. The cabinet\nshall promptly review the certification and provide to the surface coal mining\noperation written notice that all mitigation wor k has been successfully\ncompleted, or that further mitigation work is necessary to meet the conditions\nimposed by the water quality certification.\n(4) The cabinet shall not require a water quality certification for a road crossing on the\npermitted area imp acting less than two hundred (200) linear feet of waters of the\nCommonwealth.\n(5) The cabinet shall confer with representatives of the surface coal mining industry and\nrepresentatives of environmental organizations with an interest in water quality in\ndeveloping a manual of approvable options for mitigation on permitted areas,\nmitigation off permitted areas, mitigation involving banking of waters of the\nCommonwealth, and removal of temporary sediment structures at surface coal\nmining operations as a mitigation option.\n(6) (a) The cabinet shall have ten (10) working days to make a determination that an\napplication for a water quality certification is administratively complete or to\nnotify the applicant of specific deficiencies.\n(b) The cabinet shall have fort y (40) working days to review an administratively\ncomplete application for a water quality certification, to issue or waive that\ncertification, or to deny that certification with specific deficiencies identified,\nand to notify the applicant of the final de termination. If the cabinet has not\nnotified the applicant of its final determination within forty (40) days of\nreceiving an administratively complete application, the water quality\ncertification shall be deemed waived.\n(7) Nothing in this section shall be  construed as abrogating the cabinet's ability to\nrequire water quality certifications for surface coal mining operations that do not\nmeet the criteria of subsection (1) of this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10337","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:39Z","sha256":"6f59c56ab9cf0c567afbd9a4a0ca74a01a4319551f11a484663918b8ba2affa8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.16-060","next":"us-ky/krs-224.16-080"},"notice":"GroundRules: Original legal text. Not legal advice."}