KRS 350.085: Denial of permits and operations -- Deletion of land areas.

(1) No application for a permit and no operation shall be approved or allowed by the

cabinet if there is found on the basis of the information set forth in the application

that the requirements of this chapter or administrative regulations will not be

observed or that there is not probable cause to believe that the proposed method of

operation, backfilling, grading, or reclamation of the affected area can be carried out

consistent with the purpose of this chapter.

(2) If the cabinet finds that the overburden on any part of the area of land described in

the application for a permit is such that experience in the Commonwealth with a

similar type of operation upon land with similar overburden shows that substantial

deposition of sediment in stream beds, landslides, or acid water pollution cannot

feasibly be prevented, the cabinet may delete the part of the land described in the

application upon which that overburden exists.

(3) Subject to valid existing rights, no surface coal mining operations except those

which existed on or before August 4, 1977, shall be permitted within three hundred

(300) feet from any occupied dwelling unless waived by the owner, nor within three

hundred (300) feet of any public building, school, church, community, or

institutional building, p ublic park, or within one hundred (100) feet of a cemetery.

The cabinet shall not issue a permit if it finds that the operation will constitute a

hazard to or do physical damage to a dwelling house, public building, school,

church, cemetery, commercial or institutional building, public road, stream, lake, or

other public property. The cabinet shall delete the areas from the permit application

or operation.

(4) Subject to valid existing rights, no surface coal mining operations except those

which existed on or before August 4, 1977, shall be permitted within one hundred

(100) feet of the outside right -of-way line of any public road, except where mine

access roads or haulage roads join the right-of-way line. The cabinet shall permit the

roads to be relocated o r the area affected to lie within one hundred (100) feet of the

road if, after public notice and opportunity for public hearing in the locality, a

written finding is made that the interest of the public and the affected land owner

will be protected, and sh all not approve the application for a permit where the

surface coal mining operation will adversely affect a wild river established pursuant

to KRS Chapter 146, a state park or place listed on the National Register of Historic

Places unless adequate screening and other measures as approved by the cabinet are

incorporated into the permit application.

(5) Subject to valid existing rights, no surface coal mining operations except those

which existed on August 4, 1977, shall be permitted on any privately owned lands

within the boundaries of units of the National Park System, the National Wildlife

Refuge Systems, the National System of Trails, the National Wilderness

Preservation System, the Wild and Scenic Rivers System, including study rivers

designated under S ection 5(a) of the Wild and Scenic Rivers Act and national

recreation areas designated by Act of Congress.

(6) If based on the information provided pursuant to KRS 350.060(3)(h) and other

relevant information, the cabinet finds that any surface coal mining and reclamation

operation owned or controlled by the applicant is currently in violation of this

chapter or other requirements listed pursuant to KRS 350.060(3)(h), the cabinet

shall not issue the permit or permit renewal until the applicant submits proof

satisfactory to the cabinet that the violation has been corrected or is in the process of

being corrected. It shall be grounds to deny a permit or permit renewal if the

cabinet, based on any information available to it and after a hearing, makes a

finding that the applicant, or the operator specified in the application has

demonstrated a pattern of willful violations pursuant to KRS 350.130(3).

(7) The prohibition of subsection (6) of this section shall not apply to a permit applicant

with a violation resulting from an unanticipated event or condition at a surface coal

mining operation on lands eligible for and under a permit for remining held by the

applicant. As used in this subsection, the term "violation" has the same meaning as

the term has under subsection (6). After September 30, 2004, the period of authority

of this subsection shall be coincident with the period of authority of sec. 510(e) of

Pub. L. No. 95 -87, the "Surface Mining Control and Reclamation Act of 1977," as

amended, 30 U.S.C. sec. 1260(e).