{"data":{"id":"us-ky/krs-350.060","jurisdiction":"us-ky","citation":"KRS 350.060","heading":"Permit requirement -- Contents of application -- Fee -- Bond --","body":"Administrative regulations -- Successive renewal -- Auger mining of previously\nmined area -- Exempt operations.\n(1) (a) No person shall engage in surface coal mining and reclamatio n operations\nwithout having first obtained from the cabinet a permit designating the area of\nland affected by the operation. Permits shall authorize the permittee to engage\nin surface coal mining and reclamation operations upon the area of land\ndescribed i n his application for a period not to exceed five (5) years.\nHowever, if an applicant demonstrates that a specified longer term is\nreasonably needed to obtain necessary financing for equipment and the\nopening of the operation and if the application is full  and complete for the\nspecified longer term, the cabinet may grant a permit for the longer term. No\nmining shall be permitted beyond the time period obligations of the initial or\nextended bond coverage.\n(b) Subject to the provisions of KRS 350.010(1) and ( 2), no person shall\nknowingly and willfully receive, transport, sell, convey, transfer, trade,\nexchange, donate, purchase, deliver, or in any way derive benefit from coal\nremoved from any surface mining operation which does not have a permit as\nrequired under this section.\n(2) No permit or revision application shall be approved unless the application\naffirmatively demonstrates, and the cabinet finds in writing on the basis of the\ninformation set forth in the application or from information otherwise available, that\nthe permit application is accurate and complete and that all the requirements of this\nchapter have been complied with.\n(3) A person desiring a permit to engage in surface coal mining operations shall file an\napplication which shall state:\n(a) The location and area of land to be affected by the operation, with a\ndescription of access to the area from the nearest public highways;\n(b) The owner or owners of the surface of the area of land to be affected by the\npermit and the owner or owners of all sur face area adjacent to any part of the\naffected area;\n(c) The owner or owners of the coal to be mined;\n(d) The source of the applicant's legal right to mine the coal on the land affected\nby the permit;\n(e) The permanent and temporary post office addresses of the applicant, which\nshall be updated immediately if changed at any point prior to final bond\nrelease;\n(f) Whether the applicant or any person, partnership, or corporation associated\nwith the applicant h olds or has held any other permits under this chapter, and\nan identification of the permits;\n(g) The names and addresses of every officer, partner, director, or person\nperforming a function similar to a director of the applicant, together with the\nnames and addresses of any individual owning of record ten percent (10%) or\nmore of any class of voting stock of the applicant, and whether the applicant\nor any person is subject to any of the provisions of subsection (3) of KRS\n350.130 and he shall so certify. Th e permittee shall submit updates of this\ninformation as changes occur or as otherwise provided by administrative\nregulation; however, failure to submit updated information shall constitute a\nviolation of this chapter only upon the permittee's refusal or fa ilure to timely\nsubmit the information to the cabinet upon request. Upon receipt of updated\ninformation satisfactory to the cabinet, the cabinet shall promptly update its\ncomputer system containing the information;\n(h) A listing of any violations of this c hapter, Public Law 95 -87, and any law,\nrule, or regulation in effect for the protection of air or water resources\nincurred by the applicant in connection with any surface coal mining and\nreclamation operation during the three (3) year period prior to the d ate of an\napplication. The list shall indicate the final resolution of the violations; and\n(i) Whether the area of land to be affected by the operation has been previously\nmined and is in compliance with current reclamation standards, and, if not,\nidentify the needed reclamation work.\n(4) The application for a permit shall be accompanied by an official document, and an\naffidavit attesting to the document's authenticity, which will evidence what\nparticular business entity the applicant is, whether a foreign or domestic\ncorporation, a partnership, an entity doing business as another, or, if sole\nproprietorship, an affidavit so stating.\n(5) The application for a permit shall be accompanied by copies, in numbers\nsatisfactory to the cabinet, of a United States Geological Survey topographic map or\nother map acceptable to the cabinet on which the applicant has indicated the\nlocation of the operation, the course which would be taken by drainage from the\noperation to the stream or streams to which the drainage would n ormally flow, the\nname of the applicant and date, and the name of the person who located the\noperation on the map.\n(6) The application for a permit shall be accompanied by copies, in numbers\nsatisfactory to the cabinet, of an enlarged United States Geologi cal Survey\ntopographic map or other map acceptable to the cabinet meeting the requirements of\nparagraphs (a) to (i) of this subsection. The map shall:\n(a) Be prepared and certified by a professional engineer registered under the\nprovisions of KRS Chapter 3 22. The certification shall be in the form as\nprovided in subsection (8) of this section, except that the engineer shall not be\nrequired to certify the true ownership of property under paragraph (d) of this\nsubsection;\n(b) Identify the area to correspond with the application;\n(c) Show adjacent deep mining;\n(d) Show the boundaries of surface properties and names of owners of the\naffected area and adjacent to any part of the affected area;\n(e) Be of a scale of 1:24,000 or larger;\n(f) Show the names and locations of all streams, creeks, or other bodies of public\nwater, roads, buildings, cemeteries, oil and gas wells, and utility lines on the\narea of land affected within three hundred (300) feet of an as -drilled oil or gas\nwell, but as -drilled locations of oil a nd gas wells shall be certified only by a\nlicensed surveyor and the well locations shall be entered in coordinates in feet\nunits, using NAD 83, with Single Zone Projection, as those terms are defined\nin KRS 350.010;\n(g) Show by appropriate markings the bou ndaries of the area of land affected, the\ncropline of the seam or deposit of coal to be mined, and the total number of\nacres involved in the area of land affected;\n(h) Show the date on which the map was prepared, the north point, and the\nquadrangle name; and\n(i) Show the drainage plan on and away from the area of land affected. The plan\nshall indicate the directional flow of water, constructed drainways, natural\nwaterways used for drainage, and the streams or tributaries receiving the\ndischarge.\n(7) Each ap plication shall include a determination of the probable hydrologic\nconsequences of the mining and reclamation operations, both on and off the mine\nsite, with respect to the hydrologic regime, quantity and quality of water in surface\nand groundwater systems , including the dissolved and suspended solids under\nseasonal flow conditions, and the collection of sufficient data for the mine site and\nsurrounding areas so that an assessment can be made by the cabinet of the probable\ncumulative impacts of all anticipa ted mining in the area upon the hydrology of the\narea and particularly upon water availability. This determination shall not be\nrequired until the time hydrologic information on the general area prior to mining is\nmade available from an appropriate federal  or state agency. The permit shall not be\napproved until the information is available and is incorporated into the application.\n(8) All certifications required by this chapter to be made by professional engineers shall\nbe done in the form prescribed by the  cabinet and shall be reasonably specific as to\nthe work being certified. The cabinet may reject any document or map as\nincomplete if it is not properly certified.\n(9) In addition to the information and maps required above, each application for a\npermit shall be accompanied by detailed plans or proposals showing the method of\noperation; the manner, time, and distance for backfilling; grading work; and a\nreclamation plan for the affected area, which proposals shall meet the requirements\nof this chapter and administrative regulations adopted pursuant thereto.\n(10) The application for a permit shall be accompanied by proof that the applicant has\npublic liability insurance coverage satisfactory to the cabinet for the surface mining\nand reclamation operations for  which the permit is sought, or proof that the\napplicant has satisfied self -insurance requirements as provided by administrative\nregulations of the cabinet. The coverage shall be maintained in full force and effect\nduring the terms of the permit and any pe rmit renewal, and until reclamation\noperations are completed.\n(11) (a) A basic fee set by administrative regulation, and bearing a reasonable\nrelationship to the cost of processing the permit application but not to exceed\ntwo thousand five hundred dollars ($2,500), plus a fee set by administrative\nregulation but not to exceed seventy -five dollars ($75), for each acre or\nfraction thereof of the area of land to be affected by the operation, shall be\npaid before the permit required in this section shall be iss ued; provided that if\nthe cabinet approves an incremental bonding plan submitted by the applicant,\nthe acreage fees may be paid in increments and at times corresponding to the\napproved plan.\n(b) The applicant shall file with the cabinet a bond payable to the Commonwealth\nof Kentucky with surety satisfactory to the cabinet in the sum to be\ndetermined by the cabinet for each acre or fraction thereof of the area of land\naffected, with a minimum bond of ten thousand dollars ($10,000), conditioned\nupon the faithful performance of the requirements set forth in this chapter and\nof the administrative regulations of the cabinet. The cabinet shall forfeit the\nentire amount of the bond for the permit area or increment in the event of\nforfeiture.\n(c) In determining th e amount of the bond, the cabinet shall take into\nconsideration the:\n1. Character and nature of the overburden;\n2. Future suitable use of the land involved;\n3. Cost of backfilling, grading, and reclamation to be required; and\n4. Probable difficulty of reclamation, giving consideration to such factors\nas topography, geology, hydrology, and revegetation potential.\n(d) The bond amount shall initially be computed to be sufficient to ensure\ncompletion of reclamation if the work had to be performed by the cabinet in\nthe event of forfeiture.\n(e) For any permit or permit increment identified by the cabinet as requiring long-\nterm treatment, the cabinet shall calculate an additional bond or other\nfinancial assurance instrument amount based on the estimated annual\ntreatment cost, provided by the permittee and verified by the cabinet,\nmultiplied by a factor of twenty -five (25), plus any capital cost of the\ntreatment system. The cabinet shall use its own estimate for annual treatment\ncosts if the cabinet cannot verify the permittee's estimate.\n(f) Within thirty (30) days of a cabinet determination of a need to change a bond\nprotocol currently in use, the cabinet shall immediate ly promulgate\nadministrative regulations setting forth bonding requirements, including but\nnot limited to requirements for the amount, duration, release, and forfeiture of\nbonds. Bond protocols shall not be exempt from KRS 13A.100 and shall be\nestablished by promulgating administrative regulations under KRS Chapter\n13A. Failure to include the formula for establishing the amount of the bond in\nany administrative regulation on bonding requirements shall be deemed a\nfailure to comply with the prescriptions of this section and the administrative\nregulation shall automatically be declared deficient in accordance with KRS\nChapter 13A.\n(12) The cabinet shall promulgate administrative regulations for the permitting of\noperations with surface effects of underground m ining and other surface coal\nmining and reclamation operations consistent with this section. The cabinet shall\nrecognize the distinct differences between the surface effects of underground\nmining and strip mining, as also provided in KRS 350.151, in promul gating\npermitting requirements for these operations.\n(13) Any valid permit issued pursuant to this chapter shall carry with it the right of\nsuccessive renewal upon expiration with respect to areas within the boundaries of\nthe existing permit. An applicant for renewal of a permit shall pay a basic fee set by\nregulation, not to exceed seven hundred fifty dollars ($750). The holders of the\npermit may apply for renewal and the renewal shall be issued, provided that on\napplication for renewal the burden shall be on the opponents of renewal, subsequent\nto the fulfillment of the public notice requirements of this chapter, unless it is\nestablished and written findings by the cabinet are made that:\n(a) The terms and conditions of the existing permit are not being sat isfactorily\nmet;\n(b) The present surface coal mining and reclamation operation is not in\ncompliance with the environmental protection standards of this chapter;\n(c) The renewal requested substantially jeopardizes the applicant's continuing\nresponsibility on existing permit areas;\n(d) The applicant has not provided evidence that the performance bond in effect\nfor the operation will continue in full force and effect for any renewal\nrequested in the application as well as any additional bond the cabinet might\nrequire; or\n(e) Any additional revised or updated information required by the cabinet has not\nbeen provided.\nPrior to the approval of any renewal of permit, the cabinet shall provide notice to\nthe appropriate public authorities.\n(14) If an application for  renewal of a valid permit includes a proposal to extend the\nmining operation beyond the boundaries authorized in the existing permit, the\nportion of the application for renewal of a valid permit which addresses any new\nareas of surface disturbance shall b e subject to the full standards applicable to new\napplications under this chapter.\n(15) Any permit renewal shall be for a term not to exceed the period of the original\npermit. Application for permit renewal shall be made at least one hundred twenty\n(120) days prior to the expiration of the valid permit.\n(16) Notwithstanding any of the provisions of this section, a permit shall terminate if the\npermittee has not commenced the surface coal mining operations covered by the\npermit within three (3) years of the issuance of the permit. However, the cabinet\nmay grant reasonable extensions of time upon a showing that the extensions are\nnecessary by reason of litigation precluding commencement of operations, or\nthreatening substantial economic loss to the permittee, or by reason of conditions\nbeyond the control and without the fault or negligence of the permittee. With\nrespect to coal to be mined for use in a synthetic fuel facility or specific major\nelectric generating facility, the permittee shall be deemed to have commenced\nsurface mining operations at the time the construction of the synthetic fuel or\ngenerating facility is initiated.\n(17) Each application for a permit or revision for auger mining on a previously mined\narea shall contain information to describe the  area to be affected, to show that the\nproposed method of operation will result in stable post -mining conditions, and\nreduce or eliminate adverse environmental conditions created by previous mining\nactivities. If the cabinet determines that the affected ar ea cannot be stabilized and\nreclaimed subsequent to augering or that the operation will result in an adverse\nimpact to the proposed or adjacent area, the permit or revision shall not be issued.\nThe cabinet shall, consistent with all applicable requirements of this chapter, issue a\npermit or revision if the applicant demonstrates that the proposed coal mining\noperations will provide for reduction or elimination of the highwall, or reduction or\nabatement of adverse impacts resulting from past mining activitie s, or stabilization\nor enhancement of a previously mined area. The cabinet shall insure that all\nreasonably available spoil material will be used to backfill the highwall to the\nextent practical and feasible; provided, however, that in all cases the holes be\nproperly sealed and backfilled to a minimum of four (4) feet above the coal seam\nbeing mined.\n(18) All operations involving the loading of coal which do not separate the coal from its\nimpurities, and which are not located at or near the mine site, shall  be exempt from\nthe requirements of this chapter.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56017","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"2b4050fe733f607dac7279b48f4aa08b160580319a1a690964063978cc8b06f8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.057","next":"us-ky/krs-350.062"},"notice":"GroundRules: Original legal text. Not legal advice."}