{"data":{"id":"us-ky/krs-350.090","jurisdiction":"us-ky","citation":"KRS 350.090","heading":"Method of operation, grading, backfilling, and reclamation plans --","body":"Funding from reclamation development fund -- Waste materials in permit area\nonly -- Exclusions.\n(1) Under the provisions of this chapter and administrative regulations adopted by the\ncabinet, a permittee shall prepare and the permittee or operator shall carry out a\nmethod of operation, plan of grading and backfilling, and a reclamation plan for the\narea of land affected by his operation. The reclamation plan shall include a\nrequirement to permanently remove all electrical distribution installations on the\nsurface owned by the permittee, including poles, wires, attachments, and other\nappurtenances related to the delivery of electric service in the permit area, except\nwhere:\n(a) The elect rical distribution installations are being used or will be used by a\nlocal distribution entity to provide electrical service to persons other than the\npermittee at the permit area; or\n(b) The cabinet specifically has approved the retention of the electrica l\ndistribution installations to facilitate the approved post-mining land use for the\npermit in the reclamation plan.\n(2) In developing a method of operation, and the plans of backfilling, grading,\nremoving electric distribution poles and wires, and reclama tion, all measures shall\nbe taken to eliminate potential hazards from electrical distribution poles and wires\nto low -flying aircraft and damages to members of the public and their real and\npersonal property, public roads, streams, and all other public prop erty from soil\nerosion, rolling stones and overburden, water pollution, and hazards dangerous to\nlife and property. The permit application containing the required plans and other\ninformation as required shall be submitted to the cabinet, and the cabinet sh all\nnotify the applicant by certified mail, return receipt requested, within sixty-five (65)\ncumulative working days after receipt of a complete application whether the permit\napplication is acceptable. If applicable notice, hearing, and conference procedu res\nprevent a decision from being issued within the sixty -five (65) cumulative working\nday period, the cabinet shall have additional reasonable time to issue its decision,\nnot to exceed twenty (20) days from the completion of the notice, hearing, and\nconference procedures. If the permit application is not acceptable, the cabinet shall\nset forth the reasons for which the application or plans are not acceptable and it may\npropose modifications, delete areas, or reject the entire application. If the applicant\ndisagrees with the decision of the cabinet, he or she may, by written notice, request\na hearing conducted by the cabinet in the manner provided by KRS 350.0305. The\ncabinet shall notify the applicant by certified mail, return receipt requested, within\ntwenty (20) days after the hearing of its decision. Any person aggrieved by a final\norder of the cabinet may appeal through the courts as set forth in KRS 350.0305.\n(3) If the permittee desires to seek funds from the reclamation development fund to\ndevelop an economic development unit during reclamation, the permittee shall\nsubmit, along with the reclamation plan, a reclamation development plan outlining\nthe reclamation development project and showing how it will conform with the\nreclamation standards of this chapter.\n(4) No permittee, operator, or person shall throw, dump, pile, or permit the dumping,\npiling, or throwing, or otherwise placing any overburden, stones, rocks, coal,\nparticles of coal, earth, soil, dirt, debris, trees, wood, logs, or any other mater ials or\nsubstances of any kind or nature beyond or outside of the area of land which is\nunder permit and for which bond has been posted under KRS 350.060 or place these\nmaterials in such a way that normal erosion or slides brought about by natural\nphysical causes will permit the materials to go beyond or outside of the area of land\nwhich is under permit and for which bond has been posted under KRS 350.060.\n(5) The provisions of subsections (1) and (2) of this section pertaining to the removal of\nelectric installations from the permit area shall not apply to electrical transmission\nlines, poles, wires, attachments, or other appurtenances related to electrical\ntransmission.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43538","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"e4beae1d40ad45543f9fd288af90daf2101823739344ff4b87fb32105c4360cf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.085","next":"us-ky/krs-350.093"},"notice":"GroundRules: Original legal text. Not legal advice."}