KRS 350.610: Designation of lands as unsuitable for surface coal mining.

(1) The secretary of the Energy and Environment Cabinet is hereby authorized to

establish a planning process enabling objective decisions based upon competent and

scientifically sound data as to which, if any, lands of the Commonwealth are

unsuitable for all o r certain types of surface coal mining operations pursuant to the

standards set forth in this chapter; provided, that any such designation shall not

prevent coal or other mineral exploration of any area so designated.

(2) Upon petition and hearing pursuant to subsection (6) of this section, the secretary

shall designate an area as unsuitable for all or certain types of surface coal mining

operations, if the secretary determines that reclamation pursuant to this chapter is

not technologically and economically feasible.

(3) Upon petition and hearing pursuant to subsection (6) of this section, a surface area

may be designated unsuitable for certain types of surface coal mining operations if

such operations will:

(a) Be incompatible with existing state and local land use plans; or

(b) Affect fragile or historic lands in which such operations could result in

significant damage to important historic, cultural, scientific, and aesthetic

values, and natural systems; or

(c) Affect renewable resource lands in which suc h operations could result in a

substantial loss or reduction of long -range productivity of water supply or

food or fiber products, and such lands to include aquifers and aquifer recharge

areas; or

(d) Affect natural hazard lands in which such operations co uld substantially

endanger life and property, such lands to include areas subject to frequent

flooding and areas of unstable geology.

(4) Determinations of the unsuitability of land for surface coal mining shall be

integrated as closely as possible with pr esent and future land use planning and

regulation processes at any appropriate level of government, including but not

limited to any valid exercise of authority of a municipality or county, acting

independently or jointly, pursuant to KRS Chapter 100.

(5) The requirements of this section shall not apply to lands on which coal mining

operations were being conducted on August 3, 1977, or under a permit issued

pursuant to this chapter or where substantial legal and financial commitments in

such operation were in existence prior to January 4, 1977.

(6) Other provisions of this chapter relating to hearings to the contrary notwithstanding,

any person having an interest which is or may be adversely affected shall have the

right to petition the cabinet to the extent such a petition would be consistent with

subsections (2) and (3) of this section, to have a specific and well -defined area

designated as unsuitable for surface coal mining operations, or to have such a

designation terminated. Such a petition shall contain allegations of facts which shall

be specific as to the petitioner's designated area, including a justification that the

criteria alleged occur throughout and form a significant feature, and shall be based

upon objective evidence which would tend to establ ish the allegations. The cabinet

shall make a determination or finding whether the petition is complete, incomplete,

or frivolous. Within ten (10) months after the receipt of the petition, the cabinet

shall hold a public hearing in the locality of the affe cted area, after appropriate

notice and publication of the date, time, and location of such hearing, pursuant to

regulations promulgated by the cabinet to implement this section, provided that

when a permit application is pending before the cabinet and suc h application

involves an area in a designation petition, the cabinet shall hold the hearing on the

petition within ninety (90) days of its receipt. After a person having an interest

which is or may be adversely affected has filed a petition and before the hearing,

any person may intervene by filing allegations of facts with supporting evidence

which would tend to establish the allegations. Within sixty (60) days after such a

hearing, the cabinet shall issue and furnish to the petitioner and any other party to

the hearing, a written decision regarding the petition, and the reasons therefor. In the

event that all petitioners stipulate agreement prior to the requested hearing and

withdraw their request, such hearing need not be held. Within thirty (30) days af ter

receipt of an order, determination, finding, or decision by the cabinet or the

secretary hereunder, any applicant, or any person with an interest which is or may

be adversely affected and who is aggrieved by the order, determination, finding, or

decision of the cabinet or secretary, may obtain judicial review thereof by appealing

to the Circuit Court of Franklin County pursuant to the provisions of KRS 224.10 -

470.

(7) Prior to designating any land areas as unsuitable for surface coal mining operations,

the cabinet shall prepare a detailed statement on:

(a) The potential coal resources of the area;

(b) The demand for coal resources;

(c) The impact of such designation on the environment, the economy, and the

supply of coal; and

(d) The characteristics of the petition area including a justification that the criteria

alleged occur throughout the petition area and form a significant feature.

(8) Subject to subsection (5) of this section, the cabinet shall not issue a permit to

conduct s urface coal mining and reclamation operations in contravention of any

designation or any decision on any petition pursuant to subsection (6) of this section

regarding any surface area designated unsuitable for mining; nor shall the cabinet

issue a permit to conduct surface coal mining and reclamation operations in an area

under study for such designation in an administrative proceeding already

commenced under subsection (6) of this section.