{"data":{"id":"us-ky/krs-350.062","jurisdiction":"us-ky","citation":"KRS 350.062","heading":"Data included in permit application -- Contemporaneous reclamation --","body":"Subsoil augmentation -- Cabinet to compile hydrologic data -- Abandoned land\nprojects classified as government financed construction.\n(1) Applicants for permits may submit such hydr ologic information on the general area\nprior to mining as may be made available by the cabinet pursuant to subsection (7)\nof this section and employ the information in any reasonable mathematical water\nmodeling formulation, logical extrapolation from exist ing data on the same or\nsimilar watershed, or other reasonable predictive techniques which regionalize and\nsynthetize historical, geologic, and hydrologic parameters on the general area to\ndetermine surface ground water conditions, together with site speci fic data in\ndetermining the probable hydrologic consequences of the proposed mining.\n(2) Climatological data, average seasonable precipitation, average direction and\nvelocity of prevailing winds, or seasonable temperature ranges shall be submitted by\nthe applicant only when requested by the cabinet on a site-by-site basis.\n(3) A statement of the result of test borings or core samplings from the permit area,\nincluding logs of the drill holes; the thickness of the coal seam found; an analysis of\nthe chemical properties of the coal; the sulfur content of any coal seam to be\ndisturbed; chemical analysis of potentially acid or toxic forming sections of the\noverburden; or chemical analysis of the stratum lying immediately underneath the\ncoal seam to be mined, may be waived by the cabinet with respect to the specific\napplication by a written determination that the requirements are unnecessary.\n(4) Applicants may submit fish and wildlife information within the proposed mine plan\narea and adjacent areas in the form of  published data or data otherwise available\nfrom state and federal fish and wildlife management, conservation, or regulatory\nagencies and site -specific information unless the cabinet requires the information\nbased on reasonable grounds to believe that the available data are inaccurate.\n(5) The cabinet shall provide in its regulations that notwithstanding a permittee's\ndetailed estimated timetable for the reclamation plan in the application, as long as\nthe permittee or operator is in compliance with the cont emporaneous reclamation\nrequirements of its regulations, a failure to adhere to the timetable shall not be an\nindependent basis for a violation.\n(6) The cabinet shall provide in its regulations establishing environmental protection\nperformance standards that a permittee may augment subsoil strata with chemical or\norganic soil supplement materials produced on site or elsewhere for the purpose of\ncomplying with the topsoiling requirements of this chapter if topsoil is of\ninsufficient quality or of poor quality for sustaining vegetation.\n(7) The cabinet shall compile by September 1, 1980, available background hydrologic\ninformation concerning the general areas in which surface coal mining has or may\nbe conducted in the Commonwealth as may be available in standa rd published\nform, research reports, studies or data compiled by other state or federal agencies\nincluding state -supported colleges and universities, the cabinet's own files,\nincluding, at a minimum, quality and quantity of water in surface and ground wate r\nsystems; minimum, maximum, and average discharge quantities at peak and critical\nlow flow and seasonal variations; dissolved and suspended solids, acidity, pH, iron,\nand manganese under seasonal flow conditions; and any other background\nhydrologic information required by the cabinet concerning the hydrologic regime of\na general area prior to mining for purposes of making a determination of the\nprobable consequences of the mining; and shall make available to an operator the\ndata and information concerning general areas within ten (10) days of a request in\nwriting.\n(8) The cabinet shall classify all abandoned mine land program reclamation projects as\ngovernment financed construction and not surface coal mining operations and the\nextraction of coal as an inci dental part of the projects shall be exempt from the\nrequirements of this chapter and regulations promulgated pursuant thereto.\n(9) The cabinet shall not arbitrarily deny or unreasonably delay any permit application\nbased upon the information required in t his section if the registered professional\nengineer or geologist or other qualified person has utilized or developed a procedure\nor analytical method that differs from departmental technical guidelines; provided,\nthat the registered professional engineer o r geologist or other qualified person shall\ndesign a sampling and testing program based on all available information and on a\nsite-specific basis. The reasons for denial shall be given in writing and shall be\nreasonably specific. The requirements contained  in subsection (3) of this section\nmay be waived for locations where the cabinet determines that adequate information\nis already available to the cabinet.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32780","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"756e96b678f1427ddc1ed27064f475b35123562bdca5360d2d28f5c162a0b02b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.060","next":"us-ky/krs-350.063"},"notice":"GroundRules: Original legal text. Not legal advice."}