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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, faceup 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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