{"data":{"id":"us-ky/krs-350.093","jurisdiction":"us-ky","citation":"KRS 350.093","heading":"Time and distance limits on reclamation efforts -- Deferments -- Drift or","body":"other underground mining -- Variances -- Release of bond.\n(1) As determined by administrative regulations of the cabinet, time and distance limits\nshall be established requiring  backfilling, grading, and planting to be kept current,\nso that all reclamation efforts proceed in an environmentally sound manner and as\ncontemporaneously as practicable under regulations promulgated by the cabinet. All\nbackfilling and grading shall be co mpleted before necessary equipment is moved\nfrom the operation; except that the cabinet may for good cause approve the moving\nof equipment before all backfilling and grading is completed.\n(2) (a) The cabinet may allow a permittee to defer the time criteria  of\ncontemporaneous reclamation requirements on specified areas if the permittee\ncan demonstrate that the deferment is necessary to address at least one (1) of\nthe following:\n1. Adverse condition including weather, labor, and other conditions clearly\nbeyond the permittee's control;\n2. Other bona fide mining operations carried out on a strip mined area,\npursuant to KRS 350.080; or\n3. Coal marketing problems.\n(b) Application for a deferment pursuant to this section shall be in the form\nprescribed by the cabin et. The applicant shall have the burden of establishing\nthe need for the deferment. The applicant for the deferment shall demonstrate\nthat reclamation on the site is contemporaneous as of the date of the request\nfor deferment and that distance requirements  for contemporaneous\nreclamation will be met during the period of the deferment. Approval of the\ndeferment request shall be made in writing. The approval shall state that the\ndeferment is justified and that no environmental damage will occur during the\nperiod of deferment. Reclamation deferments may be approved for a period\nreasonably related to the specified conditions justifying the deferment, but the\naggregate deferral period shall not exceed thirty (30) months. The deferral\nshall not extend beyond the e xpiration date of the permit. The cabinet shall\nperiodically reexamine and update the amount of the bond on the permit area\nso that the amount of the bond is sufficient to assure completion of\nreclamation if the work had to be performed by the cabinet in t he event of\nforfeiture.\n(3) If the permittee or operator desires to conduct drift mining or other underground\nmining upon the premises or use the openings for haulageways or other lawful\npurposes, the permittee or operator may designate locations to be use d for purposes\nat which places it will not be necessary to backfill until the drift or other\nunderground mining or other use is completed, during which time the bond on file\nfor that portion of the operation shall not be released. That portion of the locat ions\nshall be described and designated on the map attached thereto. If the permittee or\noperator wishes to combine surface operations with underground mining operations\nto assure maximum practical recovery of coal resources, the cabinet may grant a\nvariance, pursuant to regulations promulgated by the cabinet, for specific areas\nwithin the reclamation plan from the requirement that reclamation efforts proceed\npursuant to subsection (1) of this section so as to permit underground mining\noperations prior to reclamation.\n(4) The cabinet may release in whole or in part the reclamation bond or deposit for a\nparticular operation if the cabinet is satisfied that the reclamation covered by the\nbond or deposit or portion thereof has been accomplished as required by th is\nchapter. These bond releases shall be made in accordance with the following\nschedule:\n(a) When the permittee completes the backfilling, regrading, and drainage control\nof a bonded area in accordance with his approved reclamation plan, the release\nof sixty percent (60%) of the bond or collateral for the applicable permit area.\n(b) After revegetation has been established on the regraded mined lands in\naccordance with the approved reclamation plan, additional bond or collateral\nfor the applicable permit sha ll be released. When determining the amount of\nbond to be released after successful revegetation has been established, the\ncabinet shall retain that amount of the bond for the revegetated area which\nwould be sufficient for a third party to cover the cost o f reestablishing\nrevegetation; this amount shall be retained for the period specified for\npermittee responsibility for reestablishing revegetation. No part of the bond or\ndeposit shall be released under this subsection as long as the lands to which\nthe rel ease would be applicable are contributing suspended solids to\nstreamflow or runoff outside the permit area in excess of requirements set by\nthis chapter or until soil productivity for prime farm lands has returned to\nlevels of yield equivalent to those of unmined land of the same soil type in the\nsurrounding area under equivalent management practices as determined from\nsoil surveys that may be required to be included in the permit application. If a\nsedimentation pond is to be retained as a permanent impoundment, the portion\nof bond may be released under this subsection so long as provisions for sound\nfuture maintenance by the permittee or the landowner have been made with\nthe cabinet.\n(c) When the permittee has completed successfully all surface coal mining and\nreclamation activities, the release of the remaining portion of the bond, or\ncollateral, but not before the expiration of the period specified for permittee\nresponsibility. No bond shall be fully released until all reclamation\nrequirements of this chapter are fully met.\n(5) Upon satisfying the requirements of subsections (4)(a), (b), or (c) of this section, the\npermittee may file, or the cabinet shall initiate, an application for total or partial\nbond release.\n(a) A permittee shall have the ri ght to begin public advertisement of its request\nfor bond release at the time it files its request for the release. The cabinet may\nundertake, at permittee expense, public advertisement of any cabinet initiated\nbond release. If the cabinet initiates a bond  release pursuant to this subsection\nbut chooses not to advertise the release pursuant to this section, and the\npermittee does not advertise the request for the release within the time\nschedules established by this subsection, the bond release application shall be\ndenied. All public advertisements of bond release applications, whether\nauthorized by the permittee or the cabinet, shall begin within sixty (60) days\nafter either the filing of a bond release request by the permittee or the\ninitiation of a bond r elease by the cabinet. Public advertisement shall occur at\nleast once a week for four (4) successive weeks in a newspaper of general\ncirculation in the locality of the surface coal mining operation.\n(b) The public advertisement required by this subsection shall include: the permit\nnumber and permit approval date, notification of the precise location of the\nland affected, the number of acres, the type and amount of the bond filed and\nthe portion sought to be released, the type and appropriate dates of\nreclamation work performed, a description of the results achieved as they\nrelate to the operator's approved reclamation plan, and the name and address\nof the cabinet to which written comments, objections, or requests for public\nhearings and informal conferences on the specific bond release may be\nsubmitted. Proof of advertisement shall be placed with the bond release\napplication within thirty (30) days after the advertisement.\n(c) Within thirty (30) days of filing of any bond release request, the permittee\nshall submit copies of letters which it has sent to adjoining property owners,\nlocal governmental bodies, planning agencies, sewage and water treatment\nauthorities, and water companies in the locality in which the surface coal\nmining and reclamation operation to ok place, notifying them of the intention\nto seek release from the bond. For bond releases initiated by the cabinet, the\ncabinet shall undertake the notification requirements set forth in this\nsubsection.\n(d) Upon the filing of an application for bond rele ase by a permittee, or the\ninitiation of the release by the cabinet, the cabinet shall notify, within thirty\n(30) days of the filing or initiation, the municipality where the surface coal\nmining operation is located, pursuant to regulations promulgated by the\ncabinet.\n(6) Upon the filing of any partial or total bond release request by a permittee, the\ncabinet shall within thirty (30) days conduct an inspection and evaluation of the\nreclamation work involved. The evaluation shall consider, among other things , the\ndegree of difficulty to complete any remaining reclamation, whether pollution of\nsurface or subsurface water is occurring, the probability of continuance of future\noccurrence of the pollution, and the estimated cost of abating the pollution.\n(7) The cabinet shall notify the permittee in writing of its decision to release or not to\nrelease all or part of the performance bond or deposit within five (5) days following\nreceipt of proof of public advertisement as required in subsection (5)(b), or the end\nof the thirty (30) day public comment period, whichever is later, if no public hearing\nis held pursuant to subsection (10) of this section; and if there has been a public\nhearing held pursuant to subsection (10) of this section, within thirty (30) days\nthereafter.\n(8) If the cabinet disapproves the application for release of the bond or portion thereof,\nthe cabinet shall notify the permittee, in writing, stating the reasons for disapproval\nand recommending corrective actions necessary to serve the release an d allowing\nopportunity for a public hearing. The cabinet shall not disapprove an application for\nrelease of a surety bond or a bond secured by a letter of credit as provided for under\nsubsection (4)(a) or (b) of this section or under the partial release pr ovisions\napplicable to an interim permit, or take any action to forfeit the surety bond, or bond\nsecured by letter of credit, solely upon the permittee's failure to pay penalties or\nfines, if applicable reclamation requirements for the requested release ha ve been\nfully met. The cabinet shall not continue to hold under the interim or permanent\nprogram remaining surety bond proceeds or the remaining bond secured by a letter\nof credit where a forfeiture has occurred solely as a result of a failure to pay\npenalties or fines, if the reclamation requirements of this chapter have been fully\nmet.\n(9) The bond liability of the permittee shall include only those actions which the\npermittee is obliged to take under the permit, including completion of the\nreclamation plan.\n(10) Any person having a valid legal interest which might be adversely affected by\nrelease of the bond, and the responsible officer or head of any governmental agency\nso designated by cabinet regulations, shall have the right to file written objections to\nthe proposed bond release with the cabinet, and to request a hearing in accordance\nwith procedural regulations promulgated by the cabinet.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32791","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:35Z","sha256":"9a6df13bf30925754be18e5efa12d580dfae4ce761aca9ffdc095d7fab08b07d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.090","next":"us-ky/krs-350.095"},"notice":"GroundRules: Original legal text. Not legal advice."}