Kentucky Administrative Regulations (Last Updated: August 1, 2016) |
TITLE 401. ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION |
Chapter 4. Water Resources |
401 KAR 4:100. Wild rivers boundaries
-
Section 1. The boundaries of the stream area of the Cumberland River are as delineated on the map captioned "Designated Wild River Area, Cumberland River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where Ky. 204 approaches the Cumberland River below Summer Shoals and the lower access point is at Cumberland Falls State Park.
Section 2. The boundaries of the stream area of the Red River are as delineated on the map captioned "Designated Wild River Area, Red River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where Ky. 746 crosses the Red River and the lower access point is the area where Ky. 715 crosses the river.
Section 3. The boundaries of the stream area of the Rockcastle River are as delineated on the map captioned "Designated Wild River Area, Rockcastle River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where Ky. 80 crosses the Rockcastle River and the lower access point is the area where Ky. 192 crosses the river.
Section 4. The boundaries of the stream area of the Green River are as delineated on the map captioned "Designated Wild River Area, Green River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where Dennison Ferry Road meets the Green River and the lower access point is the area of Lock No. 6 on the Green River.
Section 5. The boundaries of the stream area of the Big South Fork of the Cumberland River are as delineated on the map captioned, "Designated Wild River Area, Big South Fork, Cumberland River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where Difficulty Creek joins the Big South Fork and the lower access point is the area where the Blue Heron Road ends.
Section 6. The boundaries of the stream area of Martins Fork of the Cumberland River are as delineated on the map captioned "Designated Wild River Area, Martins Fork, Cumberland River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where Martins Fork flows from the Cumberland Gap National Historical Park and the lower access point is the area where Ky. 987 crosses the mouth of Laurel Branch Creek.
Section 7. The boundaries of the stream area of Rock Creek are as delineated on the map captioned "Designated Wild River Area, Rock Creek," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where the Rock Creek Bell Farm Road crosses Big Branch. The lower access point is at the White Oak Junction Bridge.
Section 8. The boundaries of the Little South Fork of the Cumberland River are as delineated on the map captioned "Designated Wild River Area, Little South Fork, Cumberland River," which map is hereby adopted and incorporated herein by reference. The upper access point is the area where the East Coopersville Road fords the Little South Fork and the lower access point is the area where the Lower Morrow Hollow Road crosses the Little South Fork.
Section 9. The boundaries of the stream area of Bad Branch are as delineated on the map captioned "Designated Wild River, Bad Branch," which map is hereby adopted and incorporated herein by reference. The upper access point is the headwaters on Pine Mountain and the lower access point is the area where Ky. 932 crosses Bad Branch. (Recodified from 400 KAR 1:010, 6-25-85; Am. 15 Ky.R. 281; 991; eff. 10-26-88; TAm eff. 11-25-2008; TAm eff. 7-8-2016.)
Notation
RELATES TO: KRS 146.241, 146.250
STATUTORY AUTHORITY: KRS 146.270, 224.01-110, 224.10-100
NECESSITY, FUNCTION, AND CONFORMITY: KRS 146.250 directs the Secretary to determine generally the boundaries of the Wild Rivers designated in KRS 146.240. The boundaries must include at least the visual horizon of the stream but not extend more than 2,000 feet from the center of the stream. The statute further requires that the Secretary designate access points at the upper and lower boundaries of each stream. This administrative regulation incorporates by reference maps adopted and filed with the regulation delineating the general boundaries of each stream area and specifies the access points to each area. The maps are incorporated by reference as they are too large and cumbersome for reproduction. Copies of the maps are available by request from the Division of Water, 300 Sower Boulevard, Frankfort, Kentucky 40601.