Title 405 | Chapter 005 | Regulation 048

405 KAR 5:048.Protection of environmental resources.

Section 1.

Environmental Resources.


A mineral permittee shall, to the extent possible, minimize disturbances and adverse impacts to fish and wildlife and related environmental values.


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.


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.


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.


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.

HISTORY: (30 Ky.R. 2433; eff. 8-26-2004; Crt eff. 7-3-2018.)

7-Year Expiration: 7/3/2025

Last Updated: 12/15/2021

Page Generated: 5/12/2023, 4:33:50 PM