Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 8 - Permits › Section 405 KAR 8:040 - Underground coal mining permits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.060,
				350.151,
				350.421,
				7 C.F.R. Part 657, 30 C.F.R. Parts 77.216-1, 77.216-2, 730 - 733, 735,
				773.13(a), 778, 783, 784,
				785.17(b),
				(d), 917, 40 C.F.R. Parts 136, 434,
				16
				U.S.C. 1 276(a),
				1531
				-
				1544,
				30 U.S.C. 1253,
				1255,
				1257,
				1258,
				1266,
				1267
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028(1),
				(5),
				350.151(1),
				and
				350.465(2)
				authorize the cabinet to promulgate administrative regulations relating to
				surface and underground coal mining operations. This administrative regulation
				establishes requirements for granting a permit for underground coal mining
				operations. This administrative regulation differs from the corresponding
				federal regulations as follows:
(1)
			 Section 16 of this administrative regulation requires information on
			 alternative sources of water supply if the applicant's determination of
			 probable hydrologic consequences under Section 32 of this administrative
			 regulation finds that water supplies may be adversely affected. There is no
			 exact federal counterpart to this requirement for alternative water supply
			 information for underground mines, although a close parallel is found in the
			 subsidence control plan requirements at
			 30 C.F.R.
			 784.20(b)(8), which require
			 a description of measures to be taken to replace adversely affected protected
			 water supplies. This administrative regulation establishes that underground
			 mines and surface mines shall be subject to the same requirements regarding
			 water supply replacement, consistent with
			 KRS
			 350.421.
(2) Section 26(1) of this administrative
			 regulation requires that the application contain an example of the letter by
			 which the applicant proposes to notify the owners of structures for which a
			 presubsidence condition survey is required pursuant to
			 405 KAR
			 18:210, Section 1(4). The corresponding federal
			 regulation does not require a sample letter. The federal regulations are
			 structured so that these presubsidence surveys shall be included in the permit
			 application prior to permit issuance. The cabinet's administrative regulations
			 allow the detailed surveys of structures to be submitted after permit issuance.
			 The example letter is needed in the permit application to ensure that the
			 applicant is prepared to provide proper notice to owners of structures after
			 permit issuance.
(3) Section 26 of
			 this administrative regulation does not include the requirement at
			 30 C.F.R.
			 784.20(a)(3) for detailed
			 surveys of the presubsidence condition of structures that may be damaged by
			 subsidence. These surveys may be submitted after permit issuance and therefore
			 are required pursuant to
			 405 KAR 18:210
			 rather than this administrative regulation.
(4)
			  Section 26 of this administrative regulation applies to water
			 supplies for "domestic, agricultural, industrial, or other legitimate use",
			 whereas the corresponding federal regulation is limited to "drinking, domestic,
			 or residential" water supplies. This administrative regulation applies to water
			 supplies protected pursuant to
			 KRS
			 350.421, whereas the federal regulation
			 applies to water supplies protected pursuant to
			 30
			 U.S.C. 1309a.
(5) Section 32(3)(e) of this administrative
			 regulation requires that the submitted application shall include a
			 determination of probable hydrologic consequences shall include a finding on if
			 the proposed underground mining activities conducted after July 16, 1994 may
			 proximately result in contamination, diminution, or interruption of an
			 underground or surface source of water for domestic, agricultural, industrial,
			 or other legitimate use within the permit area or adjacent areas. The
			 corresponding federal requirement at
			 30
			 C.F.R. 784.14(e)(3)(iv)
			 applies to underground mining activities conducted after October 24, 1992 and
			 wells or springs used for domestic, drinking, or residential use. This
			 administrative regulation addresses water supplies protected under
			 KRS
			 350.421, as amended July 16, 1994. The
			 federal regulation addresses water supplies protected under
			 30
			 U.S.C. 1309a, effective October 24,
			 1992.
(6) Section 34(3) and (5) of
			 this administrative regulation require submission to the cabinet after approval
			 by the Mine Safety and Health Administration (MSHA) of a:
(a) Copy of the final approved design plans
			 for impounding structures;
(b)
			 Copy of all correspondence with MSHA;
(c) Copy of technical support documents
			 requested by MSHA; and
(d)
			 Notarized statement by the applicant that the copy submitted to the cabinet is
			 a complete and correct copy of the final plan approved by MSHA. These
			 requirements are necessary to minimize duplication of technical review by MSHA
			 and the cabinet, and to minimize conflicts that may arise from duplication of
			 review.