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350.060 Permit requirement -- Contents of application -- Fee -- Bond -- Exemptions
-- Administrative regulations -- Successive renewal -- Auger mining of
previously mined area -- Exempt operations.
(1)
(2)
(3)
(a)
No person shall engage in surface coal mining and reclamation operations
without having first obtained from the cabinet a permit designating the area of
land affected by the operation. Permits shall authorize the permittee to engage
in surface coal mining and reclamation operations upon the area of land
described in his application for a period not to exceed five (5) years. However,
if an applicant demonstrates that a specified longer term is reasonably needed
to obtain necessary financing for equipment and the opening of the operation
and if the application is full and complete for the specified longer term, the
cabinet may grant a permit for the longer term. No mining shall be permitted
beyond the time period obligations of the initial or extended bond coverage.
(b) Subject to the provisions of KRS 350.010(1) and (2), no person shall
knowingly and willfully receive, transport, sell, convey, transfer, trade,
exchange, donate, purchase, deliver, or in any way derive benefit from coal
removed from any surface mining operation which does not have a permit as
required under this section.
No permit or revision application shall be approved unless the application
affirmatively demonstrates, and the cabinet finds in writing on the basis of the
information set forth in the application or from information otherwise available, that
the permit application is accurate and complete and that all the requirements of this
chapter have been complied with.
A person desiring a permit to engage in surface coal mining operations shall file an
application which shall state:
(a) The location and area of land to be affected by the operation, with a
description of access to the area from the nearest public highways;
(b) The owner or owners of the surface of the area of land to be affected by the
permit and the owner or owners of all surface area adjacent to any part of the
affected area;
(c) The owner or owners of the coal to be mined;
(d) The source of the applicant's legal right to mine the coal on the land affected
by the permit;
(e) The permanent and temporary post office addresses of the applicant, which
shall be updated immediately if changed at any point prior to final bond
release;
(f) Whether the applicant or any person, partnership, or corporation associated
with the applicant holds or has held any other permits under this chapter, and
an identification of the permits;
(g) The names and addresses of every officer, partner, director, or person
performing a function similar to a director of the applicant, together with the
names and addresses of any individual owning of record ten percent (10%) or
more of any class of voting stock of the applicant, and whether the applicant
(4)
(5)
(6)
or any person is subject to any of the provisions of subsection (3) of KRS
350.130 and he shall so certify. The permittee shall submit updates of this
information as changes occur or as otherwise provided by administrative
regulation; however, failure to submit updated information shall constitute a
violation of this chapter only upon the permittee's refusal or failure to timely
submit the information to the cabinet upon request. Upon receipt of updated
information satisfactory to the cabinet, the cabinet shall promptly update its
computer system containing the information;
(h) A listing of any violations of this chapter, Public Law 95-87, and any law,
rule, or regulation in effect for the protection of air or water resources incurred
by the applicant in connection with any surface coal mining and reclamation
operation during the three (3) year period prior to the date of an application.
The list shall indicate the final resolution of the violations; and
(i) Whether the area of land to be affected by the operation has been previously
mined and is in compliance with current reclamation standards, and, if not,
identify the needed reclamation work.
The application for a permit shall be accompanied by an official document, and an
affidavit attesting to the document's authenticity, which will evidence what
particular business entity the applicant is, whether a foreign or domestic
corporation, a partnership, an entity doing business as another, or, if sole
proprietorship, an affidavit so stating.
The application for a permit shall be accompanied by copies, in numbers
satisfactory to the cabinet, of a United States Geological Survey topographic map or
other map acceptable to the cabinet on which the applicant has indicated the
location of the operation, the course which would be taken by drainage from the
operation to the stream or streams to which the drainage would normally flow, the
name of the applicant and date, and the name of the person who located the
operation on the map.
The application for a permit shall be accompanied by copies, in numbers
satisfactory to the cabinet, of an enlarged United States Geological Survey
topographic map or other map acceptable to the cabinet meeting the requirements of
paragraphs (a) to (i) of this subsection. The map shall:
(a) Be prepared and certified by a professional engineer registered under the
provisions of KRS Chapter 322. The certification shall be in the form as
provided in subsection (8) of this section, except that the engineer shall not be
required to certify the true ownership of property under paragraph (d) of this
subsection;
(b) Identify the area to correspond with the application;
(c) Show adjacent deep mining;
(d) Show the boundaries of surface properties and names of owners of the
affected area and adjacent to any part of the affected area;
(e) Be of a scale of 1:24,000 or larger;
(f) Show the names and locations of all streams, creeks, or other bodies of public
water, roads, buildings, cemeteries, oil and gas wells, and utility lines on the
area of land affected within three hundred (300) feet of an as-drilled oil or gas
well, but as-drilled locations of oil and gas wells shall be certified only by a
licensed surveyor and the well locations shall be entered in coordinates in feet
units, using NAD 83, with Single Zone Projection, as those terms are defined
in KRS 350.010;
(g) Show by appropriate markings the boundaries of the area of land affected, the
cropline of the seam or deposit of coal to be mined, and the total number of
acres involved in the area of land affected;
(h) Show the date on which the map was prepared, the north point, and the
quadrangle name; and
(i) Show the drainage plan on and away from the area of land affected. The plan
shall indicate the directional flow of water, constructed drainways, natural
waterways used for drainage, and the streams or tributaries receiving the
discharge.
(7) Each application shall include a determination of the probable hydrologic
consequences of the mining and reclamation operations, both on and off the mine
site, with respect to the hydrologic regime, quantity and quality of water in surface
and groundwater systems, including the dissolved and suspended solids under
seasonal flow conditions, and the collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made by the cabinet of the probable
cumulative impacts of all anticipated mining in the area upon the hydrology of the
area and particularly upon water availability. This determination shall not be
required until the time hydrologic information on the general area prior to mining is
made available from an appropriate federal or state agency. The permit shall not be
approved until the information is available and is incorporated into the application.
(8) All certifications required by this chapter to be made by professional engineers shall
be done in the form prescribed by the cabinet and shall be reasonably specific as to
the work being certified. The cabinet may reject any document or map as
incomplete if it is not properly certified.
(9) In addition to the information and maps required above, each application for a
permit shall be accompanied by detailed plans or proposals showing the method of
operation; the manner, time, and distance for backfilling; grading work; and a
reclamation plan for the affected area, which proposals shall meet the requirements
of this chapter and administrative regulations adopted pursuant thereto.
(10) The application for a permit shall be accompanied by proof that the applicant has
public liability insurance coverage satisfactory to the cabinet for the surface mining
and reclamation operations for which the permit is sought, or proof that the
applicant has satisfied self-insurance requirements as provided by administrative
regulations of the cabinet. The coverage shall be maintained in full force and effect
during the terms of the permit and any permit renewal, and until reclamation
operations are completed.
(11) A basic fee set by administrative regulation, and bearing a reasonable relationship to
the cost of processing the permit application but not to exceed two thousand five
hundred dollars ($2,500), plus a fee set by administrative regulation but not to
exceed seventy-five dollars ($75), for each acre or fraction thereof of the area of
land to be affected by the operation, shall be paid before the permit required in this
section shall be issued; provided that if the cabinet approves an incremental bonding
plan submitted by the applicant, the acreage fees may be paid in increments and at
times corresponding to the approved plan. The applicant shall file with the cabinet a
bond payable to the Commonwealth of Kentucky with surety satisfactory to the
cabinet in the sum to be determined by the cabinet for each acre or fraction thereof
of the area of land affected, with a minimum bond of ten thousand dollars
($10,000), conditioned upon the faithful performance of the requirements set forth
in this chapter and of the administrative regulations of the cabinet. The cabinet shall
forfeit the entire amount of the bond for the permit area or increment in the event of
forfeiture. In determining the amount of the bond, the cabinet shall take into
consideration the character and nature of the overburden; the future suitable use of
the land involved; the cost of backfilling, grading, and reclamation to be required;
and the probable difficulty of reclamation, giving consideration to such factors as
topography, geology, hydrology, and revegetation potential. The bond amount shall
initially be computed to be sufficient to assure completion of reclamation if the
work had to be performed by the cabinet in the event of forfeiture. Within thirty
(30) days of a cabinet determination of a need to change a bond protocol currently
in use, the cabinet shall immediately promulgate administrative regulations setting
forth bonding requirements including, but not limited to, requirements for the
amount, duration, release, and forfeiture of bonds. Bond protocols shall not be
exempt from KRS 13A.100 and shall be established by promulgating administrative
regulations under KRS Chapter 13A. Failure to include the formula for establishing
the amount of the bond in any administrative regulation on bonding requirements
shall be deemed a failure to comply with the prescriptions of this section and the
administrative regulation shall automatically be declared deficient in accordance
with KRS Chapter 13A.
(12) The cabinet shall promulgate administrative regulations for the permitting of
operations with surface effects of underground mining and other surface coal
mining and reclamation operations consistent with this section. The cabinet shall
recognize the distinct differences between the surface effects of underground
mining and strip mining, as also provided in KRS 350.151, in promulgating
permitting requirements for these operations; provided, that the cabinet shall require
that all the areas overlying underground workings be permitted but that the areas
overlying underground workings not affected by operations and facilities occurring
on the surface shall not be subject to the payment of acreage fees or bond
requirements of subsection (11) of this section, KRS 350.070, or KRS 350.151.
(13) Any valid permit issued pursuant to this chapter shall carry with it the right of
successive renewal upon expiration with respect to areas within the boundaries of
the existing permit. An applicant for renewal of a permit shall pay a basic fee set by
regulation, not to exceed seven hundred fifty dollars ($750). The holders of the
permit may apply for renewal and the renewal shall be issued, provided that on
application for renewal the burden shall be on the opponents of renewal, subsequent
(14)
(15)
(16)
(17)
to the fulfillment of the public notice requirements of this chapter, unless it is
established and written findings by the cabinet are made that:
(a) The terms and conditions of the existing permit are not being satisfactorily
met;
(b) The present surface coal mining and reclamation operation is not in
compliance with the environmental protection standards of this chapter;
(c) The renewal requested substantially jeopardizes the applicant's continuing
responsibility on existing permit areas;
(d) The applicant has not provided evidence that the performance bond in effect
for the operation will continue in full force and effect for any renewal
requested in the application as well as any additional bond the cabinet might
require; or
(e) Any additional revised or updated information required by the cabinet has not
been provided.
Prior to the approval of any renewal of permit, the cabinet shall provide notice to
the appropriate public authorities.
If an application for renewal of a valid permit includes a proposal to extend the
mining operation beyond the boundaries authorized in the existing permit, the
portion of the application for renewal of a valid permit which addresses any new
areas of surface disturbance shall be subject to the full standards applicable to new
applications under this chapter.
Any permit renewal shall be for a term not to exceed the period of the original
permit. Application for permit renewal shall be made at least one hundred twenty
(120) days prior to the expiration of the valid permit.
Notwithstanding any of the provisions of this section, a permit shall terminate if the
permittee has not commenced the surface coal mining operations covered by the
permit within three (3) years of the issuance of the permit. However, the cabinet
may grant reasonable extensions of time upon a showing that the extensions are
necessary by reason of litigation precluding commencement of operations, or
threatening substantial economic loss to the permittee, or by reason of conditions
beyond the control and without the fault or negligence of the permittee. With
respect to coal to be mined for use in a synthetic fuel facility or specific major
electric generating facility, the permittee shall be deemed to have commenced
surface mining operations at the time the construction of the synthetic fuel or
generating facility is initiated.
Each application for a permit or revision for auger mining on a previously mined
area shall contain information to describe the area to be affected, to show that the
proposed method of operation will result in stable post-mining conditions, and
reduce or eliminate adverse environmental conditions created by previous mining
activities. If the cabinet determines that the affected area cannot be stabilized and
reclaimed subsequent to augering or that the operation will result in an adverse
impact to the proposed or adjacent area, the permit or revision shall not be issued.
The cabinet shall, consistent with all applicable requirements of this chapter, issue a
permit or revision if the applicant demonstrates that the proposed coal mining
operations will provide for reduction or elimination of the highwall, or reduction or
abatement of adverse impacts resulting from past mining activities, or stabilization
or enhancement of a previously mined area. The cabinet shall insure that all
reasonably available spoil material will be used to backfill the highwall to the extent
practical and feasible; provided, however, that in all cases the holes be properly
sealed and backfilled to a minimum of four (4) feet above the coal seam being
mined.
(18) All operations involving the loading of coal which do not separate the coal from its
impurities, and which are not located at or near the mine site, shall be exempt from
the requirements of this chapter.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 102, sec. 1, effective June 8, 2011. -- Amended
2010 Ky. Acts ch. 103, sec. 1, effective April 8, 2010. -- Amended 2009 Ky. Acts ch.
79, sec. 11, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 37, sec. 1,
effective July 12, 2006. -- Amended 1998 Ky. Acts ch. 382, sec. 1, effective July 15,
1998. -- Amended 1992 Ky. Acts ch. 429, sec. 5, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 210, sec. 1, effective July 13, 1990; and ch. 212, sec. 4, effective
July 13, 1990. -- Amended 1988 Ky. Acts ch. 294, sec. 1, effective July 15, 1988; ch.
415, sec. 2, effective July 15, 1988; and ch. 417, sec. 1, effective July 15, 1988. -Amended 1986 Ky. Acts ch. 448, sec. 1, effective July 15, 1986. -- Amended 1984
Ky. Acts ch. 111, sec. 144, effective July 13, 1984, ch. 145, sec. 2, effective March
28, 1984; and ch. 358, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch.
266, sec. 10, effective July 15, 1982 and ch. 283, sec. 3, effective April 2, 1982. -Amended 1980 Ky. Acts ch. 62, sec. 5, effective March 21, 1980; and ch. 377, sec. 3,
effective March 21, 1980. -- Amended 1978 Ky. Acts ch. 330, sec. 23, effective May
3, 1978; ch. 332, sec. 4, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 271,
sec. 1. -- Amended 1974 Ky. Acts ch. 69, sec. 1; ch. 74, Art. III, sec. 13(7); ch. 258,
sec. 1; and ch. 373, sec. 2. -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec.
65. -- Amended 1972 Ky. Acts ch. 270, sec. 3. -- Amended 1966 Ky. Acts ch. 4, sec.
7. -- Amended 1964 Ky. Acts ch. 61, sec. 3. -- Amended 1962 Ky. Acts ch. 105, sec.
4.-- Amended 1960 Ky. Acts ch. 143, sec. 4. -- Amended 1956 (1st Extra. Sess.) Ky.
Acts ch. 7, Art. VII, sec. 6. -- Created 1954 Ky. Acts ch. 8, sec. 6.
Legislative Research Commission Note (6/25/2009). Under KRS 7.136(1)(h), the
Reviser of Statutes corrected a manifest clerical or typographical error in subsection
(6)(f) of this statute by inserting the word "with" before "Single Zone Projection,"
consistent with the language used in 2009 Ky. Acts ch. 79, sec. 3.
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