KRS 350.151: Permanent program administrative regulations for mining and

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 KR S 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, impou ndments, 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 st ructures, 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 performa nce 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 o f 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 cabin et finds

imminent danger to inhabitants of the urbanized areas.