405 KAR 5:036. Signs and markers.

 

      RELATES TO: KRS 350.010(2), 350.240, 350.300

      STATUTORY AUTHORITY: KRS 350.028, 350.029, 350.240, 350.300

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.028 authorizes the Environmental and Public Protection Cabinet to promulgate administrative regulations pertaining to noncoal mineral operations to minimize their adverse effects on the citizens and the environment of the commonwealth. KRS 350.029 authorizes the cabinet to promulgate reasonable administrative regulations to establish effective programs for the control of surface soil disturbance in connection with mining as defined by the Interstate Mining Compact. KRS 350.240 authorizes the cabinet to promulgate reasonable administrative regulations for the reclamation of land disturbed or removed in the mining of clay. KRS 350.300 authorizes the cabinet to formulate and establish an effective program and standards for the conservation and use of mined land. This administrative regulation establishes provisions concerning signs and markers for noncoal mineral operations.

 

      Section 1. General. (1) All signs required to be posted shall be of a standard design that can be seen and read easily and shall be made of durable material.

      (2) Signs and other markers shall be maintained by the mineral permittee during all mineral operations to which they pertain, and shall be kept legible and visible and shall conform to all local ordinances and codes.

      (3) Signs constructed pursuant to this administrative regulation shall be constructed of durable material, with the sign face to be at least two (2) feet in height and four (4) feet in width, and the top of the sign to stand not less than six (6) feet above the ground.

 

      Section 2. Mine and Permit Identification Signs. (1) Signs identifying the mine area shall be displayed at all points of access to the permit area from public roads and highways.

      (2) Signs shall clearly identify the name, business address, and telephone number of the mineral permittee and identification numbers of current mineral operation permits or other authorizations to operate.

      (3) The signs shall not be removed until after release of permit.

      (4) Failure to post the signs shall be grounds for revocation of the permit.

      (5) The permit boundaries shall be clearly marked by durable and easily recognized markers for the purposes of the permit walk.

 

      Section 3. Stream Buffer Zone Markers. Except where specifically approved, lands within 100 feet of perennial and intermittent streams shall not be disturbed. These areas shall be designated as buffer zones, and shall be marked along the interior boundary of the buffer zone by durable and easily recognized markers.

 

      Section 4. Blasting Signs. Blasting signs shall be posted in accordance with the requirements of the Kentucky Division of Mines and Minerals.

 

      Section 5. Topsoil Markers. (1) If applicable, stockpiles and other areas where topsoil or other plant growth material are segregated, shall be marked.

      (2) If soil horizons are removed and stored separately, each soil horizon stockpile shall have a separate and appropriately marked sign.

      (3) Placement and quantity of markers shall be sufficient to clearly define the stockpiles.

      (4) Markers shall remain in place until the material is removed. (30 Ky.R. 2430; eff. 8-26-2004.)