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350.415 Soil segregation.
The permittee or operator shall remove the topsoil from the land in a separate layer,
replace it on the backfill area, or if not utilized immediately, segregate it in a separate pile
from other spoil and when the topsoil is not replaced on a backfill area within a time short
enough to avoid deterioration of the topsoil, maintain a successful cover by quick
growing plant or other means thereafter so that the topsoil is preserved from wind and
water erosion, remains free of any contamination by other acid or toxic material, and is in
a usable condition for sustaining vegetation when restored during reclamation, except if
topsoil is of insufficient quantity or of poor quality for sustaining vegetation, or if other
strata can be shown to be more suitable for vegetation requirements, then the operator
shall remove, segregate, and preserve in a like manner such other strata which are best
able to support vegetation. Or where topsoil is of insufficient quantity or of poor quality
for sustaining vegetation, the permittee or operator may, with the approval of the cabinet,
employ the technology required to utilize alternative soil materials approved by the
cabinet or soil amendments necessary to sustain vegetation in accordance with the
requirements of this chapter.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 429, sec. 25, effective July 14, 1992. -- Created
1978 Ky. Acts ch. 330, sec. 4, effective May 3, 1978.
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