Kentucky Department for Natural Resources Unveils Spoil Handling Protocol

The Kentucky Department for Natural Resources (“KDNR”) recently released Reclamation Advisory Memorandum (“RAM”) #145 setting forth its newly developed Fill Placement Optimization Process (FPOP), a design protocol to minimize the impact on streams from mining operations while maintaining Approximate Original Contour (AOC). FPOP was developed by a group of engineers representing KDNR, the Army Corps of Engineers, the mining industry, a citizen’s group, and the federal Office of Surface Mining (OSM). They had been given the task of developing an engineering spoil handling protocol that meets the Surface Mining Control and Reclamation Act (SMCRA), AOC requirements and the alternatives analysis for minimizing stream impact required by the Clean Water Act. 

    According to KDNR, implementation of FPOP protocol will accomplish the following:

· Provide a process for achieving AOC while ensuring stability of backfill material and minimization of stream impact.

·     Determine a reasonable quantity of excess spoil that may be placed in excess spoil disposal sites such as valley fills and head of hollow fills.

·     Optimize the placement of spoil to reduce watershed impacts.

·     Provide a structured process for use in permit reviews and field inspections.

·     Maintain the flexibility necessary for the operator to address site-specific mining and reclamation conditions.

·     Establish a permit area tolerance linked to triggers, reducing over-permitting and consequently preserving stream impact minimization throughout the life of the mine. 

RAM #145 states that FPOP protocol shall be undertaken for all proposed steep slope surface coal mining applications.  Steep slope operations are defined in RAM #145 as all operations where the natural slopes exceed twenty (20) degrees.  However, RAM #145 exempts surface activities solely associated with underground mining or coal refuse facilities. In addition to requiring FPOP for steep slope operations, KDNR suggests that all coal applicants utilize the protocol, as it may facilitate the issuance of a corresponding 404 permit from the Army Corps of Engineers. 

A copy of RAM #145 may be obtained by visiting: http://www.minepermits.ky.gov/NR/rdonlyres/BA26E372-35CB-4124-A38E-AF5AB7388BA4/0/RAM145FINAL.pdf.  

This article was co-authored by Kevin McGuire and Mary Beth Naumann, Jackson Kelly PLLC. For more information on the authors see (McGuire) here and (Naumann) here.