First, the background on the petition process. State law establishes a process by which the public can petition to have an area designated as unsuitable for surface coal mining operations. LUM Petition 98-2 addresses a geographic unit containing a forested ecosystem unique to the Commonwealth of Kentucky and supporting a unique and significant assemblage of plant and animal species. 405 KAR 24030 Section 8. Examples of fragile lands include uncommon geologic formations, palentological sites, national natural landmarks, valuable habitats for fish or wildlife, areas where mining may result in flooding, critical habitats for endangered or threatened species of animals or plants, wetlands, environmental corridors containing a concentration of ecologic and aesthetic features, state-designated nature preserves and wild rivers, and areas of recreational value due to high environmental quality.
Historic lands means areas containing historic, cultural, or scientific resources.
Examples of historic lands include properties listed on or eligible for listing on a state or national register of historic places, national historic landmarks, archaeological sites, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending. 405 KAR 24030 Section 8. Congress created both a mining permit and an unsuitability process in the 1977 federal mining act. While coal surface mining may be an important and productive use of land, it also involves certain hazards and is but one of many alternative land uses. Black Mountain, located in the Cumberland Mountains in southeastern Kentucky, is the tallest of the Cumberland Mountains, a ridge extending some 28 miles from Loyall, in Harlan County, Kentucky, to Wise County, Virginia, and shaping the Kentucky-Virginia border for some of that length.