Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 24 - Areas Unsuitable for Mining › Section 405 KAR 24:020 - Petition requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.465(2)(b),
				350.610
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				350.465(2) and
				350.610
				require the cabinet to prepare, develop, and promulgate a permanent program for
				the implementation of SMCRA containing procedures similar to that Act. This
				administrative regulation sets forth requirements for petitions seeking
				designation of certain lands as unsuitable for all or certain types of surface
				coal mining operations and for the termination of such designations.
Section 1. General. Under the following
			 procedures, persons may petition the cabinet to designate areas as unsuitable
			 for all or certain types of surface coal mining operations. Additionally, there
			 are procedures for citizens to petition the cabinet to terminate a designation
			 of unsuitability for mining.
Section
			 2. Right to Petition. Any person having an interest which is or
			 may be adversely affected has the right to petition the cabinet to have an area
			 designated as unsuitable for all or certain types of surface coal mining
			 operations, or to have an existing designation terminated. However, a person
			 having an interest which is or may be adversely affected must demonstrate how
			 he or she meets an "injury in fact" test by describing the injury to his or her
			 specific affected interests and demonstrate how he or she is among the
			 injured.
Section 3. Designation
			 Petition.
(1) A petitioner shall file a
			 petition containing all information that the cabinet requires pursuant to this
			 section using forms provided by the cabinet.
(2) The petition for designation shall
			 include the following information:
(a) The
			 petitioner's name, address, telephone number, and notarized
			 signature.
(b) Identification of
			 the petitioner's interest which is or may be adversely affected, including a
			 statement demonstrating how the petitioner satisfies the requirements of
			 Section 2 of this administrative regulation.
(c) A USGS seven and one-half (7 1/2) minute
			 topographic map(s) marked to show the location and size of the geographic area
			 covered by the designation petition.
(d) A description of how surface coal mining
			 operations in the area have or may adversely affect people, land, air, water or
			 other resources.
(e) Allegations of
			 facts and objective evidence which would tend to establish that the area, as
			 defined in 405 KAR 7:020, is unsuitable for all or certain types of surface
			 coal mining operations, assuming that contemporary mining practices required
			 under 405 KAR Chapters 7 through 24 would be followed if the area were to be
			 mined. Each of the allegations of fact should be specific as to the mining
			 operation, if known; the portion(s) of the petitioned area and the petitioner's
			 interests to which the allegation applies; and be supported by evidence that
			 tends to establish the validity of the allegations for the mining operation or
			 portion of the petitioned area. The allegations shall address one (1) or more
			 of the following:
1. Reclamation is not
			 technologically and economically feasible under the provisions of 405 KAR
			 Chapters 7 through 24; or
2.
			 Surface coal mining and reclamation operations will be:
a. Be incompatible with existing land use
			 policies, plans, or programs adopted by state, area-wide, or local agencies
			 with management responsibilities for the areas which would be affected by such
			 surface coal mining and reclamation operations;
b. Affect fragile or historic lands in which
			 the surface coal mining operations could result in significant damage to
			 important historic, cultural, scientific, or aesthetic values or natural
			 systems;
c. Affect lands in which
			 the surface coal mining operations could result in a substantial loss or
			 reduction in the long-range availability of water supplies, to include aquifers
			 and aquifer recharge areas;
d.
			 Affect renewable resource lands in which the surface coal mining operations
			 could result in a substantial loss or reduction in the long-range productivity
			 of food or fiber products; or
e.
			 Affect natural hazard lands in which surface coal mining operations could
			 substantially endanger life and property.
(3) The cabinet may
			 request that the petitioner provide other supplementary information which is
			 readily available. However, failure to provide such information shall not
			 render the petition incomplete.
(4)
			 Petitions shall be mailed or delivered to: Kentucky Cabinet for Natural
			 Resources and Environmental Protection, Lands Unsuitable Program, Department of
			 Natural Resources, Frankfort, Kentucky 40601.