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350.085 Denial of permits and operations -- Deletion of land areas.
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(6)
No application for a permit and no operation shall be approved or allowed by
the cabinet if there is found on the basis of the information set forth in the
application that the requirements of this chapter or administrative regulations
will not be observed or that there is not probable cause to believe that the
proposed method of operation, backfilling, grading, or reclamation of the
affected area can be carried out consistent with the purpose of this chapter.
If the cabinet finds that the overburden on any part of the area of land
described in the application for a permit is such that experience in the
Commonwealth with a similar type of operation upon land with similar
overburden shows that substantial deposition of sediment in stream beds,
landslides, or acid water pollution cannot feasibly be prevented, the cabinet
may delete the part of the land described in the application upon which that
overburden exists.
Subject to valid existing rights, no surface coal mining operations except those
which existed on or before August 4, 1977, shall be permitted within three
hundred (300) feet from any occupied dwelling unless waived by the owner,
nor within three hundred (300) feet of any public building, school, church,
community, or institutional building, public park, or within one hundred (100)
feet of a cemetery. The cabinet shall not issue a permit if it finds that the
operation will constitute a hazard to or do physical damage to a dwelling
house, public building, school, church, cemetery, commercial or institutional
building, public road, stream, lake, or other public property. The cabinet shall
delete the areas from the permit application or operation.
Subject to valid existing rights, no surface coal mining operations except those
which existed on or before August 4, 1977, shall be permitted within one
hundred (100) feet of the outside right-of-way line of any public road, except
where mine access roads or haulage roads join the right-of-way line. The
cabinet shall permit the roads to be relocated or the area affected to lie within
one hundred (100) feet of the road if, after public notice and opportunity for
public hearing in the locality, a written finding is made that the interest of the
public and the affected land owner will be protected, and shall not approve the
application for a permit where the surface coal mining operation will adversely
affect a wild river established pursuant to KRS Chapter 146, a state park or
place listed on the National Register of Historic Places unless adequate
screening and other measures as approved by the cabinet are incorporated
into the permit application.
Subject to valid existing rights, no surface coal mining operations except those
which existed on August 4, 1977, shall be permitted on any privately owned
lands within the boundaries of units of the National Park System, the National
Wildlife Refuge Systems, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System, including
study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act
and national recreation areas designated by Act of Congress.
If based on the information provided pursuant to KRS 350.060(3)(h) and other
relevant information, the cabinet finds that any surface coal mining and
reclamation operation owned or controlled by the applicant is currently in
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violation of this chapter or other requirements listed pursuant to KRS
350.060(3)(h), the cabinet shall not issue the permit or permit renewal until the
applicant submits proof satisfactory to the cabinet that the violation has been
corrected or is in the process of being corrected. It shall be grounds to deny a
permit or permit renewal if the cabinet, based on any information available to it
and after a hearing, makes a finding that the applicant, or the operator
specified in the application has demonstrated a pattern of willful violations
pursuant to KRS 350.130(3).
The prohibition of subsection (6) of this section shall not apply to a permit
applicant with a violation resulting from an unanticipated event or condition at a
surface coal mining operation on lands eligible for and under a permit for
remining held by the applicant. As used in this subsection, the term "violation"
has the same meaning as the term has under subsection (6). After September
30, 2004, the period of authority of this subsection shall be coincident with the
period of authority of sec. 510(e) of Pub. L. No. 95-87, the "Surface Mining
Control and Reclamation Act of 1977," as amended, 30 U.S.C. sec. 1260(e).
Effective:March 18, 2005
History: Amended 2005 Ky. Acts ch. 114, sec. 1, effective March 18, 2005. -Amended 1994 Ky. Acts ch. 172, sec. 2, effective July 15, 1994. -- Amended
1990 Ky. Acts ch. 210, sec. 3, effective July 13, 1990. -- Amended 1980 Ky.
Acts ch. 62, sec. 8. -- Amended 1978 Ky. Acts ch. 330, sec. 16, effective May 3,
1978. -- Amended 1974 Ky. Acts ch. 69, sec. 3 and ch. 74, Art. III, sec. 13(7). -Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 67. -- Created 1966 Ky.
Acts ch. 4, sec. 10.
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