Kentucky environmental attorney Sanders says Department for Natural Resources issues RAM #145 for coal industry to minimize impacts to steams and rivers.

The Kentucky Department for Natural Resources (“KDNR”) released a final version of Reclamation Advisory Memorandum (“RAM”) #145 setting forth 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 jointly developed by KDNR, the Army Corps of Engineers, the mining industry, a citizen’s group, and the federal Office of Surface Mining (OSM). This diverse group of engineers were given the difficult task of developing an engineering spoil handling protocol that meets the Surface Mining Control and Reclamation Act, AOC requirements and the alternatives analysis for minimizing stream impact required by the Clean Water Act. 

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

A Reclamation Advisory Memorandum (RAM) is an open correspondence from the commissioner of the Department for Natural Resources (DNR) to operators and other interested persons, who provide information related to DNR’s surface mining regulatory program.

 These documents discuss many of the issues that have arisen as Kentucky’s regulatory program has evolved in response to the federal Surface Mining Control and Reclamation Act of 1977 (SMCRA).