405 Kar 26:001. Operations Of Two (2) Acres Or Less

Link to law: http://www.lrc.ky.gov/kar/405/026/001.htm
Published: 2015

      405 KAR 26:001.

Operations of two (2) acres or less.

 

      RELATES TO: KRS

Chapter 350, 350.010, 350.020, 350.028, 350.050, 350.055, 350.057, 350.060,

350.062, 350.064, 350.070, 350.085, 350.090, 350.093, 350.095, 350.100,

350.110, 350.113, 350.130, 350.135, 350.151, 350.445, 350.450, 350.465, 350.990

      STATUTORY

AUTHORITY: KRS 350.020, 350.028, 350.050, 350.060, 350.064, 350.093, 350.130,

350.135, 350.151, 350.450, 350.465

      NECESSITY,

FUNCTION, AND CONFORMITY: The 1980 and 1982 General Assembly enacted amendments

to KRS Chapter 350 which would change certain regulatory requirements for

surface coal mining and reclamation operations of two (2) acres or less.

Several of those changes become applicable upon the effective date of the

approval by the U.S. Secretary of the Interior of Kentucky's permanent

regulatory program under the 1977 Surface Mining Control and Reclamation Act.

The effective date of that approval is May 18,1982, and this administrative

regulation is necessary to implement the required changes in a timely manner.

This administrative regulation continues the existing regulatory program for

such operations, but deletes requirements for highwall elimination; decreases

the maximum amount of performance bond required; specifies when performance

bond may be filed; reduces the time for processing applications; specifies

boundaries which must be identified for underground mines; establishes

conditions under which cessation orders may not be issued; and increases permit

fees and acreage fees.

 

      Section 1. Applicability.

This administrative regulation shall apply to surface coal mining and

reclamation operations of two (2) acres or less which are exempt from the

requirements of 405 KAR Chapters 7 through 24.

 

      Section 2.

Notwithstanding the provisions of 405 KAR 1:005 and 405 KAR 3:005, the

provisions of 405 KAR Chapters 1 and 3 shall remain in effect for surface coal

mining and reclamation operations of two (2) acres or less which are exempt

from the requirements of 405 KAR Chapters 7 through 24, except as provided in

this section.

      (1) Highwall

elimination. Elimination of highwalls left by such operations shall not be

required.

      (2) Performance

bonds. The required bond amount of such operations shall not be more than

$1,000 per acre or fraction thereof. The applicant shall not be required to

submit the required performance bond until after the applicant has received

written notice of the department's decision to issue the permit.

      (3) Processing

of applications. Complete applications for permits shall be processed within

thirty (30) calendar days, except that periods of temporary withdrawal shall

not be counted against the thirty (30) calendar days.

      (4) Underground

mines. Applications for permits for the surface effects of underground mining

shall clearly identify the boundaries of surface areas above the proposed

underground mining operations.

      (5) Cessation

orders. The department shall not issued orders requiring the cessation of

operations solely for failure to abate a violation.

      (6) Fees. On and

after July 15, 1982, the basic fee for applications for permits shall be $375,

and the acreage fee shall be seventy-five (75) dollars for each acre or

fraction thereof. (9 Ky.R. 81; eff. 1-6-83.)
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