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
AUTHORITY: KRS 350.020, 350.028, 350.050, 350.060, 350.064, 350.093, 350.130,
350.135, 350.151, 350.450, 350.465
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.
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
elimination. Elimination of highwalls left by such operations shall not be
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.
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.
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.
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.)