KRS 350.057: Coal exploration operations.

(1) The secretary of the Energy and Environment Cabinet shall promulgate regulations

for the permitting and performance of coal exploration operations which

substantially disturb the natural land surface. The regulations shall include at a

minimum provisions f or giving notice of intention to explore including a

description of the area to be explored and the period of supposed exploration and

provisions for reclamation, as required by this chapter, of all land disturbed in the

exploration.

(2) Any requirements o f public access to records set forth in the Kentucky Revised

Statutes to the contrary notwithstanding, the secretary shall order that confidential

trade secrets or privileged commercial or financial information in the possession of

the cabinet or pursuant to a coal exploration permit remain confidential.

(3) (a) No person or operator shall remove more than twenty-five (25) tons of coal by

coal exploration operations without first obtaining a coal exploration permit

from the cabinet.

(b) No person or operato r conducting coal exploration operations in which more

than twenty-five (25) tons of coal are removed shall knowingly and willfully

receive, transport, sell, convey, exchange, transfer, trade, donate, deliver, or

otherwise convert to a commercial use any c oal extracted during the course of

the operations, except with the prior written approval of the cabinet for the

purpose of testing or determining the properties of the coal.

(4) All persons or operators conducting operations pursuant to this section shall be

subject to the applicable provisions of KRS 350.990.