350.151 Permanent program administrative regulations for mining and
357 words·~2 min read·
/ky/350-151A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
reclamation -- Bond.
(1)The Energy and Environment Cabinet shall promulgate permanent program
administrative regulations for the mining and reclamation of land disturbed or
removed by operations resulting from or incident to underground coal mining. The
regulations shall recognize the distinct differences between underground mining and
strip mining of coal, shall be promulgated pursuant to this chapter, and shall be
enforced as provided in KRS 350.130 and 350.990. Those activities may include
but not be limited to the construction of new roads or the improvement or use of
existing roads to gain access to the site of the activities and all lands affected by
haulage, excavations, workings, impoundments, dams, ventilation shafts,
entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm
banks, tailings, holes or depressions, repair areas, storage areas, processing areas,
shipping areas, and other areas upon which are sited structures, facilities, or other
property or materials on the surface, but the regulations shall not be more stringent
than those applied to strip mining of coal.
(2)The permit applicant shall file with the cabinet a reclamation bond payable to the
Commonwealth of Kentucky with surety satisfactory to the cabinet in the sum to be
determined by the cabinet for each acre or fraction thereof of the area of land
affected, with a minimum bond of ten thousand dollars ($10,000) conditioned upon
the faithful performance of the requirements set forth in this section and of the
administrative regulations of the cabinet. The cabinet shall forfeit the entire amount
of the bond for the permit area or increment in the event of forfeiture. The cabinet
shall accept, in lieu of the surety provided in this subsection, the deposit by the
operator of United States government securities, cash or its equivalent in a sum
equal to the principal amount of the required bond, or a self-bond pursuant to
administrative regulations promulgated by the cabinet.
(3)In order to protect the stability of the land, the cabinet shall suspend underground
mining activities under urbanized areas, and adjacent to industrial or commercial
buildings, major impoundments, or permanent streams, if the cabinet finds
imminent danger to inhabitants of the urbanized areas.