Title 405 | Chapter 005 | Regulation 078


405 KAR 5:078.Contemporaneous reclamation.

Section 1.

Contemporaneous Reclamation.

(1)

On lands where the method of mineral operation produces a bench or where the surface mining is done on the contour, grading shall be kept current with the removal of the mineral, which shall mean within ninety (90) days following the mineral removal. Where special conditions warrant, these requirements may be modified by the cabinet.

(2)

On lands where the method of mineral operation is of the quarry type that produces a deep pit, the final reclamation of the site shall follow completion of mining within 180 days.

(3)

On lands where the method of mineral operation is of the underground type, the final reclamation of the site shall follow completion of mining within 180 days.

Section 2.

Incorporation by Reference.

(1)

"Request for Noncoal Reclamation Deferral, NCR-15", March, 1990, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Natural Resources, 300 Sower Boulevard, Frankfort, KY 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

HISTORY: (30 Ky.R. 2437; eff. 8-26-2004; TAm eff. 7-6-2016; Crt eff. 7-3-2018.)

7-Year Expiration: 7/3/2025

Last Updated: 12/15/2021


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