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350.070 Permit revisions.
(1)
(2)
(3)
(4)
(5)
Any extensions of the area covered by the permit, except incidental boundary
revisions, shall be made by application for another permit or an amendment to
the permit. However, extensions of the underground mining area that are not
incidental boundary revisions and do not include planned subsidence or other
new proposed surface disturbances may be made by application for a major
revision to the permit.
For an amendment, the permittee shall file an application, map, and revised
reclamation plan in the same form and with the same content as required for
an original application under this chapter. He shall pay a basic fee set by
regulation and bearing a reasonable relationship to the cost of processing the
permit application, not to exceed one thousand seven hundred fifty dollars
($1,750), plus a fee set by regulation, not to exceed seventy-five dollars ($75),
for each acre or fraction of an acre for the increase requested. He shall file with
the cabinet a supplemental bond in the amount to be determined under the
provisions of KRS 350.060(11) for each acre or fraction of an acre of the
increase approved. This application shall be subject to all of the same
requirements as an original application, including, but not limited to, the same
public notice, review, and issuance or denial provisions.
If the cabinet approves a reduction in the acreage covered by the permit, it
shall release the bond for each acre reduced, but the bond shall not be
reduced below ten thousand dollars ($10,000). If the cabinet approves a
reduction in acreage, it shall transfer the acreage fee for each acre reduced to
acreage fees for subsequent permit applications by the permittee.
The cabinet shall promulgate regulations specifying the permit application
information requirements and procedures, including notice and hearing, which
shall apply depending on the scale or extent of a permit revision. Any revision
which proposes significant alterations in the reclamation plan shall be subject
to the notice and hearing requirements as set forth in the regulations of the
cabinet. The applicant for a revision shall pay a basic fee set by regulation, not
to exceed seven hundred fifty dollars ($750) for a minor revision and one
thousand seven hundred fifty dollars ($1,750) for a major revision, plus a fee
set by regulation not to exceed seventy-five dollars ($75), for each acre or
fraction of an acre included in an incidental boundary revision.
Incidental boundary revisions shall be deemed minor revisions if they:
(a) Do not exceed ten percent (10%) of the initial permit acreage;
(b) Are contiguous with the permit acreage;
(c) Are within the same watershed as the initial permit acreage;
(d) Are required for an orderly continuation of the mining operation;
(e) Cover the same coal seam or seams as in the permit;
(f) Would only involve lands for which the hydrologic and geologic data and
the probable hydrologic consequences analysis contained in the permit
are applicable to the proposed incidental boundary revision;
(g) Would not involve properties designated as unsuitable for mining, or any
properties eligible for listing on the National Register of Historic Places;
(h)
(6)
Would not involve any of the special categories of mining listed in 30
C.F.R. Part 785 including, but not limited to, prime farmland and coal
preparation plants, unless the approved permit already includes the
relevant category;
(i) Would not constitute a change in the method of mining; and
(j) Would be reclaimed in conformity with the initial reclamation plan.
For the purpose of this section, the maximum acreage allowed to be added by
an incidental boundary revision shall be as follows:
(a) Surface operations shall be allowed up to twenty (20) acres;
(b) Underground operations shall be allowed up to ten percent (10%) of the
original permitted acreage of the underground workings or twenty (20)
acres, whichever is less;
(c) Surface disturbances of underground mines including, but not limited to,
face-up areas and haul roads, shall be allowed up to twenty (20) acres;
(d) The cumulative acreage added by successive revisions shall not exceed
the above limitations.
Effective:April 8, 2010
History: Amended 2010 Ky. Acts ch. 103, sec. 2, effective April 8, 2010. -Amended 1994 Ky. Acts ch. 301, sec. 1, effective July 15, 1994. Amended
1992 Ky. Acts ch. 429, sec. 8, effective July 14, 1992. -- Amended 1990 Ky.
Acts ch. 210, sec. 2, effective July 13, 1990; and ch. 232, sec. 1, effective July
13, 1990; and ch. 308, sec. 1, effective July 13, 1990. -- Amended 1980 Ky.
Acts ch. 62, sec. 7, -- Amended 1978 Ky. Acts ch. 330, sec. 24, effective May 3,
1978; and ch. 332, sec. 5, effective July 17, 1978. -- Amended 1974 Ky. Acts
ch. 69, sec. 2 and ch. 74, Art. III, sec. 13(7). -- Amended 1972 Ky. Acts ch. 270,
sec. 4. -- Amended 1966 Ky. Acts ch. 4, sec. 11. -- Amended 1962 Ky. Acts
ch. 105, sec. 5. -- Created 1954 Ky. Acts ch. 8, sec. 7.
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