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350.420 Minimization of the disturbance to hydrologic balance.
The permittee, operator, or person shall minimize disturbances to the prevailing
hydrologic balance at the mine site and in associated offsite areas and to the quality
and quantity of water in surface and ground water systems both during and after
surface coal mining operations and during reclamation by:
(1) Avoiding acid or other toxic mine drainage by such measures as, but not
limited to:
(a) Preventing or removing water from contact with toxic producing deposits;
(b) Treating drainage to reduce toxic content which adversely affects
downstream water upon being released to watercourses; and
(c) Casing, sealing, or otherwise managing boreholes, shafts, and wells and
keeping acid or other toxic drainage from entering ground and surface
waters;
(2) Conducting surface coal mining operations so as to prevent, to the extent
possible using the best technology currently available, additional contributions
of suspended solids to streamflow, or runoff outside the permit area, but in no
event shall contributions be in excess of requirements set by applicable state
or federal law;
(3) Constructing any siltation structures pursuant to subsection (2) of this section
prior to commencement of surface coal mining operations, the structures to be
certified by a qualified registered engineer to be constructed as designed and
as approved in the reclamation plan;
(4) Cleaning out and removing temporary or large settling ponds or other siltation
structures from drainways after disturbed areas are revegetated and stabilized,
and depositing the silt and debris at a site and in a manner approved by the
cabinet; however, settling ponds and siltation structures may be left and not
removed if determined to be safe and written approval is granted by the cabinet
pursuant to its regulations;
(5) Restoring recharge capacity of the mined area to approximate premining
conditions;
(6) Avoiding channel deepening or enlargement in operations requiring the
discharge of water from mines; and
(7) Such other actions as the cabinet may prescribe.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 26, effective July 14, 1992. -Amended 1980 Ky. Acts ch. 62, sec. 31; and ch. 377, sec. 12. -- Created 1978
Ky. Acts ch. 330, sec. 5, effective May 3, 1978.
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