405 KAR 5:048. Protection of environmental resources.


      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 requirements for the protection of fish and wildlife values and other environmental features.


      Section 1. Environmental Resources. (1) A mineral permittee shall, to the extent possible, minimize disturbances and adverse impacts to fish and wildlife and related environmental values.

      (2) No mineral operation shall be conducted which will result in the adverse effects to or modification of a wetland without the appropriate permits and approvals.

      (3) No mineral operation shall be conducted within the boundaries of the National Park System; the National Wildlife Refuge System; the National System of Trails; the National Wilderness Preservation System; national recreational areas; state nature preserves dedicated pursuant to KRS 146.410; or state wildlife management areas; the Wild and Scenic Rivers System, including study rivers designated under section 5(a), of the Wild and Scenic Rivers Act (16 U.S.C. Sec. 1276(a)), or rivers or study river corridors as established in any guidelines pursuant to that Act; rivers and their corridors designated under the state Wild Rivers Act pursuant to KRS Chapter 146; or similar public lands.

      (4) No land within 100 feet of an intermittent or perennial stream shall be disturbed by mineral operations, except if appropriate permits or approvals have been obtained.

      (5) The cabinet shall prohibit a mineral operation on a natural hazard land if necessary to protect the health, safety, or welfare of people, property, or the environment. (30 Ky.R. 2433; eff. 8-26-2004.)