KENTUCKY REGULATORY PROGRAM KENTUCKY ADMINISTRATIVE REGULATIONS (KAR) TITLE 405 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET DEPARTMENT FOR SURFACE MINING RECLAMATION AND ENFORCEMENT [Current as of 7/22/03] 405 KAR CHAPTER 20 SPECIAL PERFORMANCE STANDARDS 405 KAR 20:001 Definitions for 405 KAR Chapter 20 405 KAR 20:010 Coal exploration 405 KAR 20:030 Auger mining 405 KAR 20:040 Prime farmland 405 KAR 20:050 Mountaintop removal 405 KAR 20:060 Steep slopes 405 KAR 20:070 Off-site coal processing plants 405 KAR 20:080 In situ processing NOTE: Cross references to OSM's federal regulations, the U.S. Code ("USC") and Kentucky Revised Statutes ("KRS") are part of the Kentucky Regulatory Program's regulations. These references appear at the beginning of each subchapter under "RELATES TO" and " STATUTORY AUTHORITY". The SMCRA section number equivalents to the USC section numbers have been added to the end of these notations. In addition, specific cross references to federal regulation and statute sections were added to Kentucky regulation sections; they appear in double braces to the right of the section name and number, e.g., "SECTION 1. NOTICE OF CITIZEN SUITS. {{ 30 CFR 700.13 }}". These annotations were compiled using the preambles to OSM's approval of amendments to the Kentucky Regulatory Program published in the Federal Register and from the file of Kentucky regulatory material in the COALEX Library in LexisNexis. 405 KAR 20:001. DEFINITIONS FOR 405 KAR CHAPTER 20. RELATES TO: KRS Chapter 350, 7 CFR Part 657, 30 CFR Parts 700.5, 701.5, 707.5, 730-733, 735, 761.5, 762.5, 773.5, 800.5, 843.5, 917, 30 USC 1253, 1255, 1291 {SMCRA Secs. 503, 505, 701} STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.465, 30 CFR Parts 700.5, 701.5, 707.5, 730-733, 735, 761.5, 762.5, 773.5, 800.5, 843.5, 917, 30 USC 1253, 1255, 1291 {SMCRA Secs. 503, 505, 701} NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to promulgate rules and administrative regulations pertaining to surface coal mining and reclamation operations under the permanent regulatory program. This administrative regulation provides for the defining of certain essential terms used in 405 KAR Chapter 20. SECTION 1. DEFINITIONS. (1) "ACID DRAINAGE" means water with a pH of less than six (6.0) and in which total acidity exceeds total alkalinity, discharged from an active, inactive, or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining and reclamation operations. (2) "ACID-FORMING MATERIALS" means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage. (3) "ADJACENT AREA" means land located outside the affected area or permit area, depending on the context in which "adjacent area" is used, where air, surface or groundwater, fish, wildlife, vegetation or other resources protected by KRS Chapter 350 may be adversely impacted by surface coal mining and reclamation operations. (4) "AFFECTED AREA" means any land or water area which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations, except as provided in this definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any areas upon which are sited structures, facilities, or other property or material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings associated with underground mining activities, auger mining, or in situ mining. The affected area shall include every road used for the purposes of access to, or for hauling coal to or from, surface coal mining and reclamation operations, unless the road: (a) Was designated as a public road pursuant to the laws of the jurisdiction in which it is located; (b) Is maintained with public funds, and constructed in a manner similar to other public roads of the same classification within the jurisdiction; and (c) There is substantial (more than incidental) public use. (5) "AGRICULTURAL USE" means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants. (6) "APPLICANT" means any person(s) seeking a permit, permit revision, permit amendment, permit renewal, or transfer, assignment, or sale of permit rights from the cabinet to conduct surface coal mining and reclamation operations or approval to conduct coal exploration operations pursuant to KRS Chapter 350 and all applicable administrative regulations. (7) "APPLICATION" means the documents and other information filed with the cabinet seeking issuance of permits; revisions; amendments; renewals; and transfer, assignment or sale of permit rights for surface coal mining and reclamation operations or, if required, seeking approval for coal exploration. (8) "APPROXIMATE ORIGINAL CONTOUR" is defined in KRS 350.010. (9) "AQUIFER" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for domestic, agricultural, industrial, or other beneficial use. (10) "AUGER MINING" means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface and shall also include all other methods of mining in which coal is extracted from beneath the overburden by mechanical devices located at the face of the cliff or highwall and extending laterally into the coal seam, such as extended depth, secondary recovery systems. (11) "BOND POOL" or "KENTUCKY BOND POOL" means the voluntary alternative bonding program established at KRS 350.700 through 350.755. (12) "CABINET" is defined in KRS 350.010. (13) "CFR" means Code of Federal Regulations. (14) "COAL" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77. (15) "COAL EXPLORATION" means the field gathering of: (a) Surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or (b) Environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of 405 KAR Chapters 7 through 24 if the activity may cause any disturbance of the land surface or may cause any appreciable effect upon land, air, water, or other environmental resources. (16) "COAL MINE WASTE" means coal processing waste and underground development waste. (17) "COAL PROCESSING PLANT" means a facility where coal is subjected to chemical or physical processing or cleaning, concentrating, crushing, sizing, screening, or other processing or preparation including all associated support facilities including but not limited to: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas. (18) "COAL PROCESSING WASTE" means materials which are separated from the product coal during the cleaning, concentrating, or other processing or preparation of coal. (19) "COLLATERAL BOND" means an indemnity agreement in a sum certain payable to the cabinet executed by the permittee and which is supported by the deposit with the cabinet of cash, negotiable certificates of deposit, or an irrevocable letter of credit of any bank organized and authorized to transact business in the United States. (20) "COMPACTION" means increasing the density of a material by reducing the voids between the particles by mechanical effort. (21) "CROPLAND" means land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar specialty crops. (22) "DAY" means calendar day unless otherwise specified to be a working day. (23) "DEPARTMENT" means the Department for Surface Mining Reclamation and Enforcement. (24) "DISTURBED AREA" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as "disturbed" until reclamation is complete and the performance bond or other assurance of performance required by 405 KAR Chapter 10 is released. (25) "DIVERSION" means a channel, embankment, or other manmade structure constructed to divert water from one (1) area to another. (26) "DOWNSLOPE" means the land surface below the projected outcrop of the lowest coalbed being mined along each highwall. (27) "EMBANKMENT" means a manmade deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water; to support roads or railways; or for other similar purposes. (28) "EPHEMERAL STREAM" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table. (29) "EXCESS SPOIL" means spoil disposed of in a location other than the coal extraction area, except that spoil material used to achieve the approximate original contour shall not be considered excess spoil. (30) "GROUNDWATER" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated. (31) "HEAD-OF-HOLLOW FILL" means a fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow near the approximate elevation of the ridgeline, where there is no significant natural drainage area above the fill, and where the side slopes of the existing hollow measured at the steepest point are greater than twenty (20) degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than ten (10) degrees. (32) "HIGHWALL" means the face of exposed overburden and coal in an open cut of a surface mining activity or for entry to underground mining activities. (33) "HISTORICALLY USED FOR CROPLAND." (a) "Historically used for cropland" means that lands have been used for cropland for any five (5) years or more out of the ten (10) years immediately preceding: 1. The application; or 2. The acquisition of the land for the purpose of conducting surface coal mining and reclamation operations. (b) Lands meeting either paragraph (a)1 or 2 of this subsection shall be considered "historically used for cropland". (c) In addition to the lands covered by paragraph (a) of this subsection, other lands shall be considered "historically used for cropland" as described below: 1. Lands that would likely have been used as cropland for any five (5) out of the last ten (10) years immediately preceding the acquisition or the application but for some fact of ownership or control of the land unrelated to the productivity of the land; and 2. Lands that the cabinet determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, are clearly cropland but fall outside the specific five (5) years in ten (10) criterion. (d) Acquisition includes purchase, lease, or option of the land for the purpose of conducting or allowing through resale, lease or option, the conduct of surface coal mining and reclamation operations. (34) "HYDROLOGIC BALANCE" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationship between precipitation, runoff, evaporation, and changes in ground and surface water storage. (35) "IMPOUNDMENT" means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste. (36) "INDUSTRIAL/COMMERCIAL LANDS" means lands used for: (a) Extraction or transformation of materials for fabrication of products, wholesaling of products, or long- term storage of products, and heavy and light manufacturing facilities. (b) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments. (37) "IN SITU PROCESSES" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining. (38) "INTERMITTENT STREAM" means: (a) A stream or reach of stream that drains a watershed of one (1) square mile or more but does not flow continuously during the calendar year; or (b) A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and groundwater discharge. (39) "KAR" means Kentucky administrative regulations. (40) "KRS" means Kentucky Revised Statutes. (41) "LAND USE" means specific functions, uses, or management-related activities of an area, and may be identified in combination when joint or seasonal uses occur and may include land used for support facilities that are an integral part of the use. In some instances, a specific use can be identified without active management. (42) "MONITORING" means the collection of environmental data by either continuous or periodic sampling methods. (43) "MULCH" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing micro-climatic conditions suitable for germination and growth. (44) "OPERATIONS" is defined in KRS 350.010. (45) "OPERATOR" is defined in KRS 350.010. (46) "OSM" means Office of Surface Mining Reclamation and Enforcement, United States Department of the Interior. (47) "OUTSLOPE" means the face of the spoil or embankment sloping downward from the highest elevation to the toe. (48) "OVERBURDEN" is defined in KRS 350.010. (49) "PERENNIAL STREAM" means a stream or that part of a stream that flows continuously during all of the calendar year as a result of groundwater discharge or surface runoff. The term does not include "intermittent stream" or "ephemeral stream". (50) "PERFORMANCE BOND" means a surety bond, a collateral bond, or a combination thereof, or bonds filed pursuant to the provisions of the Kentucky Bond Pool Program (405 KAR 10:200, KRS 350.595, and KRS 350.700 through 350.755), by which a permittee assures faithful performance of all the requirements of KRS Chapter 350, 405 KAR Chapters 7 through 24, and the requirements of the permit and reclamation plan. (51) "PERMIT" means written approval issued by the cabinet to conduct surface coal mining and reclamation operations. (52) "PERMIT AREA" means the area of land and water within boundaries designated in the approved permit application, which shall include, at a minimum, all areas which are or will be affected by surface coal mining and reclamation operations under that permit. (53) "PERMITTEE" means an operator or a person holding or required by KRS Chapter 350 or 405 KAR Chapters 7 through 24 to hold a permit to conduct surface coal mining and reclamation operations during the permit term and until all reclamation obligations imposed by KRS Chapter 350 and 405 KAR Chapters 7 through 24 are satisfied. (54) "PERSON" is defined in KRS 350.010. (55) "PRECIPITATION EVENT" means a quantity of water resulting from drizzle, rain, snowmelt, sleet, or hail in a specified period of time. (56) "PRIME FARMLAND" means those lands which are defined by the Secretary of Agriculture in 7 CFR 657 and which have been "historically used for cropland" as that phrase is defined above. (57) "PUBLIC ROAD" means any publicly owned thoroughfare for the passage of vehicles. (58) "RAM" means Reclamation Advisory Memorandum. (59) "RECLAMATION" is defined in KRS 350.010. (60) "RECREATION LAND" means land used for public or private leisure-time use, including developed recreation facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking, canoeing, and other undeveloped recreational uses. (61) "RESIDENTIAL LAND" means tracts employed for single and multiple-family housing, mobile home parks, and other residential lodgings. (62) "ROAD" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side area, approaches, structures, ditches, surface, and contiguous appendages necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved, or maintained for use in coal exploration or surface coal mining and reclamation operations, including use by coal hauling vehicles leading to transfer, processing, or storage areas. The term does not include pioneer or construction roadways used for part of the road construction procedure and promptly replaced by a road pursuant to 405 KAR Chapters 16 and 18 located in the identical right-of-way as the pioneer or construction roadway. The term also excludes any roadway within the immediate mining pit area. (63) "SAFETY FACTOR" means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices. (64) "SCS" means Soil Conservation Service. (65) "SEDIMENTATION POND" means a primary sediment control structure designed, constructed, and maintained in accordance with 405 KAR 16:090 or 405 KAR 18:090 and including but not limited to a barrier, dam, or excavated depression which slows down water runoff to allow suspended solids to settle out. A sedimentation pond shall not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment, to the extent that the secondary sedimentation structures drain to a sedimentation pond. (66) "SLOPE" means average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also be expressed as a percent or in degrees. (67) "SLURRY MINING" means the hydraulic breakdown of subsurface coal with drill-hole equipment, and the eduction of the resulting slurry to the surface for processing. (68) "SOIL HORIZONS" means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four (4) master soil horizons are: (a) "A HORIZON." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest. (b) "E HORIZON." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties. (c) "B HORIZON." The layer that typically is immediately beneath the E horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons. (d) "C HORIZON." The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity. (69) "SOIL SURVEY" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets the soils for use. Soil surveys shall meet the standards of the National Cooperative Soil Survey. (70) "SPOIL" means overburden and other materials, excluding topsoil, coal mine waste, and mined coal, that are excavated during surface coal mining and reclamation operations. (71) "STEEP SLOPE" means any slope of more than twenty (20) degrees. (72) "SUBSTANTIALLY DISTURB" means, for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface; or by other activities, or to remove more than twenty-five (25) tons of coal. (73) "SURETY BOND" means an indemnity agreement in a sum certain, payable to the cabinet and executed by the permittee, which is supported by the performance guarantee of a corporation licensed to do business as a surety in the Commonwealth of Kentucky. (74) "SURFACE COAL MINING AND RECLAMATION OPERATIONS" is defined in KRS 350.010. (75) "SURFACE COAL MINING OPERATIONS" is defined in KRS 350.010. (76) "SUSPENDED SOLIDS" or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the U.S. EPA's regulations for waste water and analyses (40 CFR 136). (77) "TON" means 2000 pounds avoirdupois (.90718 metric ton). (78) "TOPSOIL" means the A and E soil horizon layers of the four (4) master soil horizons. (79) "TOXIC-FORMING MATERIALS" means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical conditions in soils or water that are detrimental to biota or uses of water. (80) "TOXIC MINE DRAINAGE" means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it. (81) "TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS" means a change in ownership or other effective control over the right to conduct surface coal mining operations under a permit issued by the cabinet. (82) "UNDERGROUND DEVELOPMENT WASTE" means waste coal, shale, claystone, siltstone, sandstone, limestone, or similar materials that are extracted from underground workings in connection with underground mining activities. (83) "UNDERGROUND MINING ACTIVITIES" means a combination of: (a) Surface operations incident to underground extraction of coal or in situ processing, including construction, use, maintenance, and reclamation of roads, aboveground repair areas, storage areas, processing areas, and shipping areas; areas upon which are sited support facilities including hoist and ventilating ducts; areas utilized for the disposal and storage of waste; and areas on which materials incident to underground mining operations are placed; and (b) Underground operations such as underground construction, operation, and reclamation of shafts, adits, underground support facilities; in situ processing; and underground mining, hauling, storage, and blasting. (84) "U.S. EPA" means United States Environmental Protection Agency. (85) "WATER TABLE" means the upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone. (18 Ky.R. 2490; Am. 2853; eff. 4-3-92.) 405 KAR 20:010. COAL EXPLORATION. RELATES TO: KRS 350.057, 350.465, 30 CFR Parts 730-733, 735, 815, 917, 30 USC 1253, 1255, 1262 {SMCRA Secs. 503, 505, 512} STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.057, 350.465, 30 CFR Parts 730-733, 735, 815, 917, 30 USC 1253, 1255, 1262 {SMCRA Secs. 503, 505, 512} NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to regulate coal exploration operations which substantially disturb the natural land surface. This administrative regulation sets forth the performance standards applicable to coal exploration operations which substantially disturb the land surface. SECTION 1. GENERAL RESPONSIBILITY OF PERSONS CONDUCTING COAL EXPLORATION. Each person who conducts coal exploration which substantially disturbs the natural land surface shall comply with the provisions of Section 3 of this administrative regulation. SECTION 2. REQUIRED DOCUMENTS. {{ 30 CFR 815.13 }} Each person who conducts coal exploration which removes more than twenty-five (25) tons of coal or which is located in an area designated unsuitable for mining pursuant to 405 KAR Chapter 24 shall, while in the exploration area, possess written approval of the cabinet for the activities granted under 405 KAR 8:020, Section 2. The written approval shall be available for review by the authorized representative of the cabinet or OSM upon request. SECTION 3. PERFORMANCE STANDARDS FOR COAL EXPLORATION. {{ 30 CFR 815.15 }} The performance standards in this section are applicable to coal exploration which substantially disturbs land surface. For any cross-references to the 405 KAR Chapter 8 permitting requirements made within those administrative regulations of 405 KAR Chapter 16 that are referenced in this section, the permitting requirements shall only apply to the extent set forth in 405 KAR 8:020 and this administrative regulation. (1) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 USC 1531 et seq.) shall not be disturbed during coal exploration. (2) The person who conducts coal exploration shall, to the extent practicable, measure important environmental characteristics of the exploration area during the operations, to minimize environmental damage to the area and to provide supportive information for any permit application that person may submit under 405 KAR Chapter 8. (3)(a) Vehicular travel on other than established graded and surfaced roads shall be limited by the person who conducts coal exploration to that absolutely necessary to conduct the exploration. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result. (b) Any new road in the exploration area shall comply with the provisions of 405 KAR 16:220. (c) Existing roads may be used for exploration in accordance with the following: 1. All applicable federal, state, and local requirements shall be met. 2. If the road is significantly altered for exploration, including, but not limited to, change of grade, widening, or change of route, or if use of the road for exploration contributes additional suspended solids to stream flow or run-off, then subsection (7) of this section shall apply to all areas of the road which are altered or which result in the additional contributions of suspended solids. 3. If the road is significantly altered for exploration activities and will remain as a permanent road after exploration activities are completed, the person conducting exploration shall ensure that the requirements of 405 KAR 16:220 are met for the design, construction, alteration, and maintenance of the road. (d) Promptly after exploration activities are completed, existing roads used during exploration shall be reclaimed either: 1. To a condition equal to or better than their preexploration condition; or 2. To the condition required for permanent roads under 405 KAR 16:220. (4) If excavations, artificial flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after these features are no longer needed for coal exploration. (5) Topsoil shall be removed, stored, and redistributed on disturbed areas as necessary to assure successful revegetation or as required by the cabinet. (6) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following: (a) All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native to the areas disturbed. If the preexploration land use was intensive agriculture, planting of the crops normally grown shall meet the requirements of this paragraph. (b) The vegetative cover shall be capable of stabilizing the soil surface from erosion. (7) Diversions of overland flows and ephemeral, perennial, or intermittent streams shall be made in accordance with 405 KAR 16:080. (8) Each exploration hole, borehole, well, or other exposed underground opening created during exploration shall meet the requirements of 405 KAR 16:040. (9) All facilities and equipment shall be removed from the exploration area promptly when they are no longer needed for exploration, except for those facilities and equipment that may remain to: (a) Provide additional environmental quality data; (b) Reduce or control the on- and off-site effects of the exploration activities; or (c) Facilitate future surface mining and reclamation operations by the person conducting the exploration, under an approved permit. (10) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with 405 KAR 16:060 through 405 KAR 16:110. The cabinet may specify additional measures which shall be adopted by the person engaged in coal exploration. (11) Toxic- or acid-forming materials shall be handled and disposed of in accordance with 405 KAR 16:060, Section 4 and 405 KAR 16:190, Section 3. If specified by the cabinet, additional measures shall be adopted by the person engaged in coal exploration. SECTION 4. REQUIREMENTS FOR A PERMIT. Except as provided in 405 KAR 8:020, Section 4(2), any person who extracts coal for commercial use or sale during coal exploration operations that are subject to 405 KAR 8:020, Section 2 shall first obtain a permit to conduct surface coal mining operations under 405 KAR 8:010. (8 Ky.R. 1587; eff. 1-6-83; Am.15 Ky.R. 502; eff. 12-13-88; 18 Ky.R. 452; eff. 12-17-91.) 405 KAR 20:030. AUGER MINING. RELATES TO: KRS 350.010, 350.028, 350.090, 350.410, 350.420, 350.465 STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.465 NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to promulgate environmental protection performance standards for surface coal mining operations, including auger mining. This administrative regulation sets forth additional performance standards for auger mining. This administrative regulation specifies certain distances between auger holes, criteria for plugging auger holes, and situations in which an auger hole need not be plugged. SECTION 1. ADDITIONAL PERFORMANCE STANDARDS. {{ 30 CFR 819.11, 819.13, 819.15 }} (1) All auger mining operations shall be conducted so as to maximize the utilization and conservation of coal in accordance with 405 KAR 16:010 and shall be planned and conducted to maximize recoverability of mineral reserves remaining after the mining and reclamation activities are completed. Each permittee who conducts auger mining operations shall leave areas of undisturbed coal to provide access for removal of coal reserves by future underground mining activities unless the cabinet determines that the coal reserves have been depleted or are limited in thickness or extent to the point that it will not be practicable to recover the remaining coal reserves. The cabinet shall make such a determination only upon presentation of appropriate technical evidence by the permittee. Except where the applicant designates specific areas where the applicant plans to develop future entryways for underground mining, undisturbed areas of coal shall be left in unmined sections which: (a) Are a minimum of 250 feet wide at any point between each group of auger openings to the full depth of the auger hole; (b) Are no more than 2,500 feet apart measured from the center of one (1) section to the center of the next section unless a greater distance is set forth in the permit application under 405 KAR 8:050, Section 2; and (c) For multiple seam mining, have a width of at least 250 feet plus fifty (50) feet for each subjacent workable coal seam. The centers of all unmined sections shall be aligned vertically. (2) No auger hole shall be made closer than 500 feet in horizontal distance to any abandoned or active underground mine workings except as approved in accordance with 405 KAR 16:010, Section 3. (3) In order to prevent pollution of surface and groundwater and to reduce fire hazards, each auger hole, except as provided in subsection (4) of this section, shall be plugged so as to prevent the discharge of water from the hole and access of air to the coal as follows: (a) Each auger hole discharging water containing toxic-forming or acid-forming material shall be plugged within seventy-two (72) hours after completion by backfilling and compacting noncombustible and impervious material into the hole to a depth sufficient to form a watertight seal. All discharges shall be treated as necessary to meet the requirements of 405 KAR 16:070, Section 1(1)(g) until the hole is properly sealed; and (b) Each auger hole not discharging water containing acid-forming or toxic-forming material shall be sealed as in paragraph (a) of this subsection to close the opening within thirty (30) days following completion. (4) An auger hole need not be plugged if the cabinet finds that: (a) Impoundment of the water which would result from plugging the hole may create a hazard to the environment or public health or safety; (b) Drainage from the auger hole will not pose a threat of pollution to surface water and will comply with the requirements of 405 KAR 16:060, Section 1 and 405 KAR 16:070; and (c) Drainage from the auger hole will not result in instability of the backfill. (5) The cabinet shall prohibit auger mining if it determines that: (a) Adverse water quality impacts cannot be prevented or corrected; (b) Fill stability cannot be achieved; or (c) The prohibition is necessary to maximize the utilization, recoverability, or conservation of the solid fuel resources. (6) Auger mining shall comply with the performance standards for subsidence at 405 KAR 18:210. (8 Ky.R. 1589; eff. 1-6-83; Am. 11 Ky.R. 1865; eff. 8-13-85.) 405 KAR 20:040. PRIME FARMLAND. RELATES TO: KRS 350.100, 350.405, 350.415, 350.450, 350.465 {{ 30 CFR Part 823 }} STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.100, 350.450, 350.465 NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to promulgate environmental protection performance standards specifically including special requirements for the protection of prime farmland. This administrative regulation specifies special requirements for the removal, stockpiling, replacement, and revegetation of prime farmland. SECTION 1. SCOPE AND PURPOSE. This administrative regulation sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland. SECTION 2. RESPONSIBILITIES. {{ 30 CFR 823.4 }} (1) The federal regulations at 30 CFR Part 823 require that the U.S. Soil Conservation Service (SCS) within each state establish specifications for prime farmland soil removal, storage, replacement, and reconstruction. (2) The federal regulations at 30 CFR Part 823 require that the cabinet use the soil-reconstruction specifications established by the SCS, as referenced in subsection (1) of this section, to carry out its responsibilities. Therefore, the following document is incorporated herein by reference: "Soil Conservation Service, Kentucky Standard and Specifications for Land Restoration, Currently Mined Prime Farmland," January 1986. Copies may be obtained from the Soil Conservation Service, 333 Waller Avenue, Lexington, Kentucky. SECTION 3. APPLICABILITY. The requirements of this administrative regulation, including the SCS prime farmland specifications of Section 2 of this administrative regulation, shall apply to prime farmland affected by surface coal mining and reclamation operations except that which has been excluded in accordance with 405 KAR 8:050, Section 3(1). SECTION 4. SOIL REMOVAL AND STOCKPILING. (1) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting, or mining. (2) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of Section 5(1) of this administrative regulation. (3) Soil removal and stockpiling operations on prime farmland shall be conducted to: (a) Separately remove the topsoil, or remove other suitable soil materials where such other soil materials will create a final soil having a greater productive capacity than that which exist prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials; and (b) Separately remove the B or C horizon or other suitable soil material to provide the thickness of suitable soil required by Section 5(1) of this administrative regulation. If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of such soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary. (4) Stockpiles shall be placed within the permit area where they will not be disturbed or be subject to excessive erosion. If left in place for more than thirty (30) days, stockpiles shall meet the requirements of 405 KAR 16:050 or 18:050. SECTION 5. SOIL REPLACEMENT. (1) The minimum depth of soil and substitute soil material to be reconstructed shall be forty-eight (48) inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. The determination of whether a horizon inhibits or prevents root penetration shall be in accordance with the SCS specifications under Section 2 of this administrative regulation. (2) The operator shall replace and regrade the soil horizons or other root-zone material with proper compaction and uniform depth. (3) The operator shall replace the B horizon, C horizon, or other suitable material specified in Section 4(3)(b) of this administrative regulation to the thickness needed to meet the requirements of subsection (1) of this section. (4) The operator shall replace the topsoil or other suitable soil materials specified in Section 4(3)(a) of this administrative regulation as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey. SECTION 6. REVEGETATION AND RESTORATION OF SOIL PRODUCTIVITY. {{ 30 CFR 823.15 }} (1) Requirements for revegetation and demonstration of successful restoration of soil productivity are set forth in "Kentucky Prime Farmland Revegetation and Crop Production Restoration After Mining," Kentucky Department for Surface Mining Reclamation and Enforcement in consultation with the U.S. Soil Conservation Service, June 1985. This document is incorporated herein by reference. Copies may be obtained from the department. (2) Data on crop yields from restored prime farmland soils shall be verified by the cabinet. The permittee shall notify the appropriate regional office of the department of harvest dates in order to provide the opportunity for cabinet personnel to monitor yield measurements. This notification shall be in writing at least thirty (30) days prior to anticipated harvest dates and shall be followed up by telephone prior to actual harvest dates. (3) Irrespective of the provisions of 405 KAR 1:005, this section shall also apply to prime farmland mined under the interim regulatory program under 405 KAR 1:250. (8 Ky.R. 1590; eff. 1-6-83; Am. 12 Ky.R. 955; 1336; eff. 2-4-86.) 405 KAR 20:050. MOUNTAINTOP REMOVAL. RELATES TO: KRS 350.010, 350.028, 350.133, 350.405, 350.450, 350.465 STATUTORY AUTHORITY: KRS 350.028, 350.133, 350.450, 350.465 NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to promulgate environmental protection performance standards for surface coal mining operations, including the mountaintop removal method. This administrative regulation sets forth special performance standards and variance procedures for conducting mountaintop removal. SECTION 1. PERFORMANCE STANDARDS. {{ 30 CFR 824.11 }} Surface coal mining activities may be conducted under a variance from the requirement of 405 KAR Chapters 16 through 20 for restoring affected areas to their approximate original contour, if: (1) The cabinet grants the variance under a permit, in accordance with 405 KAR 8:050; (2) The activities involve the mining of an entire coal seam running through the upper fraction of a mountain, ridge, or hill, by removing all of the overburden and creating a level plateau or gently rolling contour with no highwalls remaining; (3) An industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed and approved for the affected land; (4) The alternative land-use requirements of 405 KAR 16:210 are met; (5) All applicable requirements of 405 KAR Chapters 7 through 24, other than the requirement to restore affected areas to their approximate original contour, are met; (6) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion, except that the cabinet may permit an exemption to the retention of the coal barrier requirement if the following conditions are satisfied: (a) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or (b) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of a head-of-hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier; (7) The final graded slopes on the mined area are less than lv:5h, so as to create a level plateau or gently rolling configuration, and the outslopes of the plateau do not exceed lv:2h except where engineering data substantiates, and the cabinet finds, in writing, and includes in the permit under 405 KAR 8:050, that a minimum static safety factor of one and five-tenths (1.5) will be attained; (8) The resulting level or gently rolling contour is graded to drain inward from the outslope, except at specified points where it drains over the outslope in stable and protected channels. The drainage shall not be through or over a valley or head-of-hollow fill; (9) Natural watercourses below the lowest coal seam mined are not damaged; (10) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, are covered with nontoxic spoil to prevent pollution and achieve the approved postmining land use; and (11) Spoil is placed on the mountaintop bench as necessary to achieve the postmining land use approved under subsections (3) and (4) of this section. All excess spoil material not retained on the mountaintop shall be placed in accordance with 405 KAR 16:130. (8 Ky.R. 1591; eff. 1-6-83.) 405 KAR 20:060. STEEP SLOPES. RELATES TO: KRS 350.090, 350.093, 350.100, 350.405, 350.410, 350.445, 350.450, 350.465, 30 CFR Parts 730-733, 735, 785.15, 785.16, 816.107, 817.107, 917, 30 USC 1253, 1255, 1257, 1258, 1265(d) {SMCRA Secs. 503, 505, 517, 508, 515(d)} STATUTORY AUTHORITY: KRS 350.028, 350.093, 350.100, 350.151(1), 350.445, 350.450, 350.465, 30 CFR parts 730-733, 735, 785.15, 785.16, 816.107, 817.107, 917, 30 USC 1253, 1255, 1257, 1258, 1265(d), 1265(e) {SMCRA Secs. 503, 505, 507, 508, 515(d), 515(e)} NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.028(1) and (5), 350.151(1), and 350.465(2) authorize the cabinet to promulgate administrative regulations relating to surface and underground coal mining operations. This administrative regulation establishes special performance standards and limited variance procedures for operations conducted on steep slopes. SECTION 1. APPLICABILITY. (1) Surface coal mining and reclamation operations on steep slopes shall meet the requirements of this administrative regulation. (2) The standards of this administrative regulation shall not apply to: (a) Mining conducted on a flat or gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area; or (b) Operations covered by 405 KAR 20:050. SECTION 2. PERFORMANCE STANDARDS. {{ 30 CFR 816.107 }} (1) Surface coal mining and reclamation operations conducted on steep slopes shall comply with requirements of this section and all other requirements of 405 KAR Chapters 7 through 24, except to the extent a variance is approved under Section 3 of this administrative regulation. (2)(a) The permittee shall prevent the following materials from being placed or allowed to remain on the downslope: 1. Spoil; 2. Waste materials, including waste mineral matter; 3. Debris, including that from clearing and grubbing of haul road construction; and 4. Abandoned or disabled equipment. (b) Nothing in this subsection shall prohibit the placement of material in road embankments located on the downslope, if the material used and embankment design comply with the requirements for roads and other transportation facilities in 405 KAR Chapters 16 and 18 and the material is moved and placed in a controlled manner. (3) The highwall shall be completely covered with compacted spoil and the disturbed area graded to comply with the provisions of 405 KAR Chapters 16 and 18, with respect to backfilling and grading, including the return of the site to the approximate original contour. The permittee shall demonstrate to the cabinet, using standard geotechnical analyses, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least one and three-tenths (1.3). (4) Land above the highwall shall not be disturbed unless the cabinet finds that the disturbance facilitates compliance with the requirements of 405 KAR Chapters 16 through 20, provided, however, that the land disturbed above the highwall shall be limited to that amount necessary to facilitate compliance. (5) Material in excess of that required by the grading and backfilling provisions of subsection (3) of this section shall be disposed of in accordance with the requirements of 405 KAR 16:130 or 405 KAR 18:130. (6) Woody materials shall not be buried in the backfilled area unless the cabinet determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area as required in subsection 3 of this section. Woody materials may be chipped and distributed over the surface of the backfill as mulch, if special provision is made for their use and approved by the cabinet. (7) Unlined or unprotected drainage channels shall not be constructed on backfills unless approved by the cabinet as stable and not subject to erosion. SECTION 3. LIMITED VARIANCES FOR NONMOUNTAINTOP REMOVAL, STEEP SLOPE SITES. {{ 30 CFR 785.16, 816.133 }} Surface coal mining operations may be conducted under a variance from the requirement to restore disturbed areas to their approximate original contour, if the following requirements are satisfied: (1) The cabinet grants the variance and the operation is conducted and reclaimed in accordance with the plan approved under 405 KAR 8:050, Section 6. (2)(a) After reclamation, the lands to be affected by the variance within the permit area shall be suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities); (b) After consultation with the appropriate land use planning agencies, if any, the potential use is shown to constitute an equal or better economic or public use; (c) The alternative postmining land use requirements of 405 KAR 16:210, Section 4 are met; and (d) Federal, state, and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use. (3) The applicant has demonstrated in the permit application that the watershed of lands within the proposed permit and adjacent areas will be improved by the operations when compared with the condition of the watershed before mining or with its condition if the approximate original contour were to be restored. The watershed shall be deemed improved only if: (a) The amount of total suspended solids or other pollutants discharged to ground or surface water from the permit area will be reduced, so as to improve the public or private uses or the ecology of ground or surface water, or flood hazards from precipitation events or thaws within the watershed containing the permit area will be reduced by decreasing the peak flow discharge, or there will be an increase in stream flow during times of the year when streams within the watershed are normally at low flow or dry and the increase in stream flow is determined by the cabinet to be beneficial to public or private users or to the ecology of the streams; (b) The total volume of flow from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or groundwater; and (c) The cabinet has considered any agency comments under subsection (2) of this section regarding watershed improvement. (4) The proposed use is designed and certified by a qualified, registered, professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site. (5) The surface landowner of the permit area has knowingly requested, in writing in the permit application, that a variance be granted, so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities). (6) All applicable requirements of KRS Chapter 350 and 450 KAR Chapters 7 through 24, other than the requirement to restore disturbed areas to their approximate original contour, are met. (7) The highwall is completely backfilled with spoil material, in a manner which results in a static factor of safety of at least one and three-tenths (1.3), using standard geotechnical analysis. (8) Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other applicable requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24 is placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with 405 KAR 16:130. (8 Ky.R. 1591; eff. 1-6-83; Am. 10 Ky.R. 635; eff. 12-2-83; 15 Ky.R. 505; eff. 12-13-88; 26 Ky.R. 1697; 1946; eff. 5-22-2000.) 405 KAR 20:070. OFF-SITE COAL PROCESSING PLANTS. RELATES TO: KRS 350.010, 350.151, 350.465 {{ 30 CFR Part 827, 785.21 }} STATUTORY AUTHORITY: KRS Chapter 13A, 350.028, 350.151, 350.465 NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to promulgate environmental protection performance standards for all surface coal mining and reclamation operations. This administrative regulation sets forth certain performance standards for off-site coal processing plants. SECTION 1. APPLICABILITY. {{ 30 CFR 827.1 }} This administrative regulation establishes performance standards for coal processing plants that are not located within the permit area for a specific mine. This administrative regulation shall not apply to coal processing plants which are located at the site of ultimate coal use. SECTION 2. PERFORMANCE STANDARDS. {{ 30 CFR 827.12 }} Construction, operation, maintenance, modification, reclamation, and removal activities at coal processing plants shall comply with the provisions of 405 KAR Chapter 16 and 405 KAR 20:040, except as provided in this section and Section 5 of this administrative regulation. (1) Those provisions of 405 KAR 16:060 related to stream buffer zones shall not apply except that the findings required for approval of a stream buffer zone variance shall apply to any proposal to divert an intermittent or perennial stream. (2) 405 KAR 16:010, Section 2, coal recovery, shall not apply. (3) 405 KAR 16:010, Section 4, slide and erosion barriers, and Section 5, slides, shall not apply. (4) 405 KAR 18:020 shall apply in lieu of 405 KAR 16:020. (5) 405 KAR 16:040, casing and sealing of drilled holes, shall not apply. (6) 405 KAR 16:120, use of explosives, shall not apply. (7) 405 KAR 16:190, Section 5, thick overburden, shall not apply. (8) 405 KAR 16:250, Section 2(2), minimize damage, destruction or disruption of utility services, shall not apply. (9) 405 KAR 20:060, steep slopes, shall not apply. SECTION 3. NEARBY UNDERGROUND MINING ACTIVITIES. {{ 30 CFR 827.12 }} Adverse effects upon, or resulting from, nearby underground mining activities shall be minimized by appropriate measures, including but not limited to, compliance with 405 KAR 16:010, Section 3. SECTION 4. WATER SUPPLY REPLACEMENT. {{ 30 CFR 827.12 }} Any permittee shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, when the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the coal processing plant activities. SECTION 5. PREVIOUSLY EXEMPTED OPERATIONS. {{ 30 CFR 827.12, 827.13 }} Those coal processing plants in existence on December 1, 1985 which had been previously exempted from the requirements of 405 KAR Chapters 7 through 24 by the provisions of KRS 350.060(22) and which became subject to the provisions of this administrative regulation on December 1, 1985 shall comply with all provisions of Sections 1 through 4 of this administrative regulation, except as provided in this section. (1) 405 KAR 16:010, Section 3, shall not apply to areas disturbed prior to December 1, 1985. (2) For surface areas that are without suitable topsoil, 405 KAR 16:050, Section 1(3) shall apply. (3) The requirements of 405 KAR 16:070, Section 1(1)(a) shall not apply until final action on the permit application by the cabinet and the sedimentation pond or other treatment facility design has been approved by the cabinet or the exemption provided by 405 KAR 16:070, Section 1(1)(c) has been granted. The cabinet, as a condition of the permit, may approve a reasonable time to construct or modify water treatment facilities. (4) Any coal processing plant in existence on May 3, 1978, may comply with the backfilling and grading requirements of 405 KAR 16:190, Section 7. (5) 405 KAR 20:040, prime farmland, shall not apply to any prime farmland disturbed prior to December 1, 1985. (6) The groundwater monitoring requirements of 405 KAR 16:110 shall not apply until final action on the permit application by the cabinet and the groundwater monitoring plan is approved. (8 Ky.R. 1592; eff. 1-6-83; Am. 12 Ky.R. 959; 1339; eff. 2-4-86.) 405 KAR 20:080. IN SITU PROCESSING. RELATES TO: KRS 350.010, 350.151, 350.465 STATUTORY AUTHORITY: KRS 350.028, 350.151, 350.465 NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to promulgate environmental protection performance standards for all surface coal mining and reclamation operations. This administrative regulation sets forth certain performance standards for in situ processing activities. SECTION 1. PERFORMANCE STANDARDS. {{ 30 CFR 828.11 }} (1) The permittee who conducts in situ processing activities shall comply with 405 KAR Chapter 18 and this section. (2) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by: (a) Avoiding discharge of fluids into holes or wells, other than as approved by the cabinet; (b) Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the cabinet; (c) Avoiding annular injection between the wall of the drill hole and the casing; and (d) Preventing discharge of process fluid into surface waters. (3) Each permittee who conducts in situ processing activities shall submit for approval as part of the application for permit under 405 KAR 8:050, and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife and related environmental values, and threats to the public health and safety. (4) Each permittee who conducts in situ processing activities shall prevent flow of the process recovery fluid: (a) Horizontally beyond the affected area identified in the permit; and (b) Vertically into overlying or underlying aquifers. (5) Each permittee who conducts in situ processing activities shall restore the quality of affected groundwater in the permit area and adjacent area, including groundwater above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the groundwater is not diminished. SECTION 2. MONITORING. {{ 30 CFR 828.12 }} (1) Each permittee who conducts in situ processing activities shall monitor the quality and quantity of surface and groundwater and the subsurface flow and storage characteristics, in a manner approved by the cabinet under 405 KAR 18:110, to measure changes in the quantity and quality of water in surface and groundwater systems in the permit area and in adjacent areas. (2) Air and water quality monitoring shall be conducted in accordance with monitoring programs approved by the cabinet as necessary according to appropriate federal and state air and water quality standards. (8 Ky.R. 1593; eff. 1-6-83.)