350.070 Permit revisions.
620 words·~3 min read·
/ky/chapter-350/350-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any extensions of the area covered by the permit, except incidental boundary
revisions, shall be made by application for another permit or an amendment to the
permit.
(2)For an amendment, the permittee shall file an application, map, and revised
reclamation plan in the same form and with the same content as required for an
original application under this chapter. He or she shall pay a basic fee set by
regulation and bearing a reasonable relationship to the cost of processing the permit
application, not to exceed one thousand seven hundred fifty dollars ($1,750), plus a
fee set by regulation, not to exceed seventy-five dollars ($75), for each acre or
fraction of an acre for the increase requested. He or she shall file with the cabinet a
supplemental bond in the amount to be determined under the provisions of KRS
350.060(11) for each acre or fraction of an acre of the increase approved. This
application shall be subject to all of the same requirements as an original
application, including, but not limited to, the same public notice, review, and
issuance or denial provisions.
(3)If the cabinet approves a reduction in the acreage covered by the permit, it shall
release the bond for each acre reduced, but the bond shall not be reduced below ten
thousand dollars ($10,000). If the cabinet approves a reduction in acreage, it shall
transfer the acreage fee for each acre reduced to acreage fees for subsequent permit
applications by the permittee.
(4)The cabinet shall promulgate regulations specifying the permit application
information requirements and procedures, including notice and hearing, which shall
apply depending on the scale or extent of a permit revision. Any revision which
proposes significant alterations in the reclamation plan shall be subject to the notice
and hearing requirements as set forth in the regulations of the cabinet. The applicant
for a revision shall pay a basic fee set by regulation, not to exceed seven hundred
fifty dollars ($750) for a minor revision and one thousand seven hundred fifty
dollars ($1,750) for a major revision, plus a fee set by regulation not to exceed
seventy-five dollars ($75), for each acre or fraction of an acre included in an
incidental boundary revision.
(5)Incidental boundary revisions shall be deemed minor revisions if they:
(a)Do not exceed ten percent (10%) of the initial permit acreage;
(b)Are contiguous with the permit acreage;
(c)Are within the same watershed as the initial permit acreage;
(d)Are required for an orderly continuation of the mining operation;
(e)Cover the same coal seam or seams as in the permit;
(f)Would only involve lands for which the hydrologic and geologic data and the
probable hydrologic consequences analysis contained in the permit are
applicable to the proposed incidental boundary revision;
(g)Would not involve properties designated as unsuitable for mining, or any
properties eligible for listing on the National Register of Historic Places;
(h)Would not involve any of the special categories of mining listed in 30 C.F.R.
Part 785 including, but not limited to, prime farmland and coal preparation
plants, unless the approved permit already includes the relevant category;
(i)Would not constitute a change in the method of mining; and
(j)Would be reclaimed in conformity with the initial reclamation plan.
(6)For the purpose of this section, the maximum acreage allowed to be added by an
incidental boundary revision shall be as follows:
(a)Surface operations shall be allowed up to twenty
(20)acres;
(b)Surface disturbances of underground mines including, but not limited to, face-
up areas and haul roads, shall be allowed up to twenty
(20)acres; and
(c)The cumulative acreage added by successive revisions shall not exceed the
above limitations.