Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 8 - Permits › Section 405 KAR 8:010 - General provisions for permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884, 146.200-146.360,
				322.010(3),
				322.340,
				350.020,
				350.055,
				350.060,
				350.070,
				350.085,
				350.090,
				350.130,
				350.135,
				350.450,
				350.465,
				350.500-350.521, 424.110-424.120,
				27 C.F.R.
				555.206,
				555.218,
				555.219,
				555.220,
				30 C.F.R.
				77.1301(c), 730-733, 735,
				775, 777,
				778.17, 870, 917,
				16 U.S.C.
				470aa -mm, 470x-6, 661-667e16, 668-668d,
				703-712, 1531-1544,
				30 U.S.C. 1253,
				1255-1261,
				1263-1266,
				1272
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028 and
				350.465
				require the cabinet to promulgate administrative regulations pertaining to
				permits for surface coal mining and reclamation operations. This administrative
				regulation establishes provisions for permits to conduct these operations,
				including the conditions for which permits are required, application deadlines,
				requirements for applications for permanent program permits, fees, verification
				of applications, public notice requirements, submission of comments on permit
				applications, the right to file objections, informal conferences, review of the
				permit applications, criteria for application approval or denial and relevant
				actions, term of the permits, conditions of permits, review of outstanding
				permits, revisions of permits, amendments, renewals, transfers, assignments,
				sales of permit rights, administrative and judicial review, and procedures
				relating to im-providently issued permits.
Section
			 1. Applicability. Excluding coal exploration operations, this
			 administrative regulation shall apply to applications, actions regarding
			 permits, and surface coal mining and reclamation operations.
Section 2. General Requirements.
(1) Permanent program permits required. A
			 person shall not engage in surface coal mining and reclamation operations
			 unless that person has first obtained a valid permanent program permit pursuant
			 to 405 KAR Chapter 8.
(2) General
			 filing requirements for permanent program permit applications.
(a) Each person who intends to engage in
			 surface coal mining and reclamation operations or underground only operations
			 shall:
1. File a complete and accurate
			 application for a permanent program permit that shall comply fully with
			 applicable requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24;
			 and
2. Not begin the operation
			 until the permit has been granted.
(b) Renewal of valid permanent program
			 permits. An application for renewal of a permit pursuant to Section 21 of this
			 administrative regulation shall be filed with the cabinet at least 120 days
			 before the expiration of the permit.
(c) Revision of permanent program permits. A
			 permittee may apply for a revision of a permit, but shall not vary from the
			 requirements of the permit until the revision has been approved by the cabinet.
			 The term of a permit shall remain unchanged by a revision.
(d) Succession to rights granted pursuant to
			 prior permanent program permits.
1. An
			 application for the transfer, sale, or assignment of rights granted pursuant to
			 a permit may be submitted.
2. The
			 actual transfer, sale, or assignment of permit rights shall not take place
			 until written permission has been granted by the cabinet pursuant to 405 KAR
			 Chapters 7 through 24.
(e) Amendment of permanent program permits. A
			 permittee may apply for an amendment to a permit pursuant to Section 23 of this
			 administrative regulation, but shall not begin surface coal mining and
			 reclamation operations on the areas until the amendment has been approved by
			 the cabinet. The term of a permit shall remain unchanged by an
			 amendment.
(3)
			 Compliance with permits. A person engaging in surface coal mining and
			 reclamation operations pursuant to a permit issued pursuant to KRS Chapter 350
			 shall comply with the terms and conditions of the permit, including the plans
			 and other documents submitted as part of the application and approved by the
			 cabinet and the applicable requirements of KRS Chapter 350 and 405 KAR Chapters
			 7 through 24.