KRS 350.090: Method of operation, grading, backfilling, and reclamation plans --

Funding from reclamation development fund -- Waste materials in permit area

only -- Exclusions.

(1) Under the provisions of this chapter and administrative regulations adopted by the

cabinet, a permittee shall prepare and the permittee or operator shall carry out a

method of operation, plan of grading and backfilling, and a reclamation plan for the

area of land affected by his operation. The reclamation plan shall include a

requirement to permanently remove all electrical distribution installations on the

surface owned by the permittee, including poles, wires, attachments, and other

appurtenances related to the delivery of electric service in the permit area, except

where:

(a) The elect rical distribution installations are being used or will be used by a

local distribution entity to provide electrical service to persons other than the

permittee at the permit area; or

(b) The cabinet specifically has approved the retention of the electrica l

distribution installations to facilitate the approved post-mining land use for the

permit in the reclamation plan.

(2) In developing a method of operation, and the plans of backfilling, grading,

removing electric distribution poles and wires, and reclama tion, all measures shall

be taken to eliminate potential hazards from electrical distribution poles and wires

to low -flying aircraft and damages to members of the public and their real and

personal property, public roads, streams, and all other public prop erty from soil

erosion, rolling stones and overburden, water pollution, and hazards dangerous to

life and property. The permit application containing the required plans and other

information as required shall be submitted to the cabinet, and the cabinet sh all

notify the applicant by certified mail, return receipt requested, within sixty-five (65)

cumulative working days after receipt of a complete application whether the permit

application is acceptable. If applicable notice, hearing, and conference procedu res

prevent a decision from being issued within the sixty -five (65) cumulative working

day period, the cabinet shall have additional reasonable time to issue its decision,

not to exceed twenty (20) days from the completion of the notice, hearing, and

conference procedures. If the permit application is not acceptable, the cabinet shall

set forth the reasons for which the application or plans are not acceptable and it may

propose modifications, delete areas, or reject the entire application. If the applicant

disagrees with the decision of the cabinet, he or she may, by written notice, request

a hearing conducted by the cabinet in the manner provided by KRS 350.0305. The

cabinet shall notify the applicant by certified mail, return receipt requested, within

twenty (20) days after the hearing of its decision. Any person aggrieved by a final

order of the cabinet may appeal through the courts as set forth in KRS 350.0305.

(3) If the permittee desires to seek funds from the reclamation development fund to

develop an economic development unit during reclamation, the permittee shall

submit, along with the reclamation plan, a reclamation development plan outlining

the reclamation development project and showing how it will conform with the

reclamation standards of this chapter.

(4) No permittee, operator, or person shall throw, dump, pile, or permit the dumping,

piling, or throwing, or otherwise placing any overburden, stones, rocks, coal,

particles of coal, earth, soil, dirt, debris, trees, wood, logs, or any other mater ials or

substances of any kind or nature beyond or outside of the area of land which is

under permit and for which bond has been posted under KRS 350.060 or place these

materials in such a way that normal erosion or slides brought about by natural

physical causes will permit the materials to go beyond or outside of the area of land

which is under permit and for which bond has been posted under KRS 350.060.

(5) The provisions of subsections (1) and (2) of this section pertaining to the removal of

electric installations from the permit area shall not apply to electrical transmission

lines, poles, wires, attachments, or other appurtenances related to electrical

transmission.