KRS § 350.070 — KY Code / Title XXVIII / Chapter 350 / Section 350.070
350.070 Permit revisions
Status: in_force

350.070 Permit revisions.

(1) 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.

(2) 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 or she 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 or she 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.

(3) 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.

(4) 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.

(5) 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) 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.

(6) 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) Surface disturbances of underground mines including, but not limited to, face-

up areas and haul roads, shall be allowed up to twenty (20) acres; and

(c) The cumulative acreage added by successive revisions shall not exceed the

above limitations.