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350.610 Designation of lands as unsuitable for surface coal mining.
(1)
(2)
(3)
(4)
(5)
(6)
The secretary of the Energy and Environment Cabinet is hereby authorized to
establish a planning process enabling objective decisions based upon competent and
scientifically sound data as to which, if any, lands of the Commonwealth are
unsuitable for all or certain types of surface coal mining operations pursuant to the
standards set forth in this chapter; provided, that any such designation shall not
prevent coal or other mineral exploration of any area so designated.
Upon petition and hearing pursuant to subsection (6) of this section, the secretary
shall designate an area as unsuitable for all or certain types of surface coal mining
operations, if the secretary determines that reclamation pursuant to this chapter is
not technologically and economically feasible.
Upon petition and hearing pursuant to subsection (6) of this section, a surface area
may be designated unsuitable for certain types of surface coal mining operations if
such operations will:
(a) Be incompatible with existing state and local land use plans; or
(b) Affect fragile or historic lands in which such operations could result in
significant damage to important historic, cultural, scientific, and aesthetic
values, and natural systems; or
(c) Affect renewable resource lands in which such operations could result in a
substantial loss or reduction of long-range productivity of water supply or
food or fiber products, and such lands to include aquifers and aquifer recharge
areas; or
(d) Affect natural hazard lands in which such operations could substantially
endanger life and property, such lands to include areas subject to frequent
flooding and areas of unstable geology.
Determinations of the unsuitability of land for surface coal mining shall be
integrated as closely as possible with present and future land use planning and
regulation processes at any appropriate level of government, including but not
limited to any valid exercise of authority of a municipality or county, acting
independently or jointly, pursuant to KRS Chapter 100.
The requirements of this section shall not apply to lands on which coal mining
operations were being conducted on August 3, 1977, or under a permit issued
pursuant to this chapter or where substantial legal and financial commitments in
such operation were in existence prior to January 4, 1977.
Other provisions of this chapter relating to hearings to the contrary notwithstanding,
any person having an interest which is or may be adversely affected shall have the
right to petition the cabinet to the extent such a petition would be consistent with
subsections (2) and (3) of this section, to have a specific and well-defined area
designated as unsuitable for surface coal mining operations, or to have such a
designation terminated. Such a petition shall contain allegations of facts which shall
be specific as to the petitioner's designated area, including a justification that the
criteria alleged occur throughout and form a significant feature, and shall be based
upon objective evidence which would tend to establish the allegations. The cabinet
(7)
(8)
shall make a determination or finding whether the petition is complete, incomplete,
or frivolous. Within ten (10) months after the receipt of the petition, the cabinet
shall hold a public hearing in the locality of the affected area, after appropriate
notice and publication of the date, time, and location of such hearing, pursuant to
regulations promulgated by the cabinet to implement this section, provided that
when a permit application is pending before the cabinet and such application
involves an area in a designation petition, the cabinet shall hold the hearing on the
petition within ninety (90) days of its receipt. After a person having an interest
which is or may be adversely affected has filed a petition and before the hearing,
any person may intervene by filing allegations of facts with supporting evidence
which would tend to establish the allegations. Within sixty (60) days after such a
hearing, the cabinet shall issue and furnish to the petitioner and any other party to
the hearing, a written decision regarding the petition, and the reasons therefor. In the
event that all petitioners stipulate agreement prior to the requested hearing and
withdraw their request, such hearing need not be held. Within thirty (30) days after
receipt of an order, determination, finding, or decision by the cabinet or the
secretary hereunder, any applicant, or any person with an interest which is or may
be adversely affected and who is aggrieved by the order, determination, finding, or
decision of the cabinet or secretary, may obtain judicial review thereof by appealing
to the Circuit Court of Franklin County pursuant to the provisions of KRS 224.10470.
Prior to designating any land areas as unsuitable for surface coal mining operations,
the cabinet shall prepare a detailed statement on:
(a) The potential coal resources of the area;
(b) The demand for coal resources;
(c) The impact of such designation on the environment, the economy, and the
supply of coal; and
(d) The characteristics of the petition area including a justification that the criteria
alleged occur throughout the petition area and form a significant feature.
Subject to subsection (5) of this section, the cabinet shall not issue a permit to
conduct surface coal mining and reclamation operations in contravention of any
designation or any decision on any petition pursuant to subsection (6) of this section
regarding any surface area designated unsuitable for mining; nor shall the cabinet
issue a permit to conduct surface coal mining and reclamation operations in an area
under study for such designation in an administrative proceeding already
commenced under subsection (6) of this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1895, effective July 15, 2010. -Amended 1984 Ky. Acts ch. 180, sec. 1, effective July 13, 1984. -- Amended 1982
Ky. Acts ch. 283, sec. 8, effective April 2, 1982. -- Created 1980 Ky. Acts ch. 62,
sec. 36, effective March 21, 1980.
Legislative Research Commission Note (7/11/91). A technical correction has been
made in this section by the Reviser of Statutes pursuant to KRS 7.136 and 7.140.
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