{"data":{"id":"us-ky/krs-350.450","jurisdiction":"us-ky","citation":"KRS 350.450","heading":"Prime farmland -- Mountaintop removal -- Variance upon written request","body":"of surface owner -- Technical assistance for small operator -- Release of\nportion of bond.\n(1) If the area proposed to be mined contains prime farmland as defined in Public Law\n95-87, \"Surface Mining Control and Reclamation Act of 1977,\" then no permit shall\nbe issued unless it complies with Section 510(d)(1) therein. Nothing in this\nsubsection shall apply to any permit issued prior to August 3, 1977, or to any\nrevisions or renewals thereof, or to any existing surface coal mining operations for\nwhich a permit was issued prior to August 3, 1977. Nothing herein shall be\nconstrued as authorizing the cabinet to promulgate regulations more stringent than\nthose promulgated pursuant to PL 95-87 relating to prime farmland.\n(2) Where a surface coal mining operation will remove an entire coal seam or seams\nrunning through the upper fraction of a mountain, ridge, or hill by removing all of\nthe overburden and creating a level plateau or a gently rolling contour with no\nhighwalls remaining, the operation shall comply with the requirements of\nparagraphs (c) and (d) of this subsection without regard to the requirements of KRS\n350.410 or 350.445(2) and (3) with respect to lands from which overburden a nd the\ncoal seam being mined have not been removed; provided, however, the cabinet shall\nestablish internal procedures pursuant to which it shall permit surface coal mining\noperations for the purposes set forth in paragraph (b) of this subsection.\n(a) Where an applicant meets the requirements of paragraphs (b) and (c) of this\nsubsection a permit without regard to the requirements to restore to\napproximate original contour set forth in KRS 350.410 or 350.445(2) and (3)\nmay be granted for the surface coal min ing operations where the mining\noperation will remove an entire coal seam or seams running through the upper\nfraction of a mountain, ridge, or hill, except as provided in paragraph (c)1. of\nthis subsection, by removing all of the overburden and creating a level plateau\nor a gently rolling contour with no highwalls remaining and capable of\nsupporting postmining uses in accord with the requirements of this subsection.\n(b) In cases where an industrial, commercial, agricultural, residential, or public\nfacility (including recreational facilities) use is proposed for the postmining\nuse of the affected land, the cabinet may grant a permit for a surface coal\nmining operation of the nature described in paragraph (a) of this subsection\nwhere:\n1. After consultation wit h the appropriate land use planning agencies, if\nany, the proposed postmining land use is deemed by the cabinet to\nconstitute an equal or better economic or public use of the affected land\nas compared with premining use;\n2. The applicant presents specific plans for the proposed postmining land\nuse and appropriate assurances that the land use will be:\na. Compatible with adjacent land uses;\nb. Obtainable according to data regarding expected need and market;\nc. Assured of investment in necessary public facilities;\nd. Supported by commitments from public agencies where\nappropriate;\ne. Practicable with respect to private financial capability for\ncompletion of the proposed use;\nf. Planned pursuant to a schedule attached to the reclamation plan so\nas to integrate t he mining operation and reclamation with the\npostmining land use; and\ng. Designed by a registered engineer in conformance with\nprofessional standards established to assure the stability, drainage,\nand configuration necessary for the intended use of the site;\n3. The proposed use would be consistent with adjacent land uses and\nexisting state and local land use plans;\n4. The cabinet provides the governing body of the unit of general -purpose\ngovernment in which the land is located, and any state or federal agency\nwhich the cabinet in its discretion determines to have an interest in the\nproposed use, an opportunity of not more than thirty (30) days to review\nand comment on the proposed use; and\n5. All other requirements of this chapter will be met.\n(c) In granting any permit pursuant to this subsection the following requirements\napply:\n1. The toe of the lowest coal seam and the overburden associated with it\nare retained in place as a barrier to slides and erosion;\n2. The reclaimed area is stable;\n3. The resulting plateau or rolling contour drains inward from the outslopes\nexcept at specified points;\n4. No damage will be done to natural watercourses;\n5. Spoil will be placed on the mountaintop bench as is necessary to achieve\nthe planned postmining land use; provided, that all excess spoil material\nnot retained on the mountaintop shall be  placed in accordance with the\nprovisions of KRS 350.440; and\n6. Insure stability of the spoil retained on the mountaintop and meet the\nother requirements of this chapter.\n(d) The regulatory authority shall promulgate specific regulations to govern the\ngranting of permits in accord with the provisions of this subsection.\n(e) All permits granted under the provisions of this subsection shall be reviewed\nnot more than three (3) years from the date of issuance of the permit, unless\nthe applicant affirmatively d emonstrates that the proposed development is\nproceeding in accordance with the terms of the approved schedule and\nreclamation plan.\n(3) (a) The cabinet shall adopt procedures pursuant to which it may permit variances\nfrom the requirements of KRS 350.410 fo r the purposes set forth in paragraph\n(c) of this subsection, provided that the watershed control of the area is\nimproved, and further provided, complete backfilling with spoil material shall\nbe required to cover completely the highwall, which material wil l maintain\nstability following mining and reclamation.\n(b) Where an applicant meets the requirements of paragraphs (c) and (d) of this\nsubsection, a variance from the requirement to restore the approximate\noriginal contour set forth in KRS 350.410 and 350. 445(2) may be granted for\nsurface coal mining operations where the owner of the surface knowingly\nrequests in writing, as a part of the permit application, that such a variance be\ngranted so as to render the land, after reclamation, suitable for an industr ial,\ncommercial, residential, or public use, including recreational facilities.\n(c) After consultation with the appropriate land use planning agencies, if any, the\npotential use of the affected land shall:\n1. Be deemed by the cabinet to constitute an equal  or better economic or\npublic use;\n2. Be designed and certified by a qualified registered professional engineer\nin conformance with professional standards established to assure the\nstability, drainage, and configuration necessary for the intended use of\nthe site; and\n3. The watershed of the affected land be deemed by the cabinet to be\nimproved.\n(d) In granting a variance pursuant to paragraph (b) of this subsection, the cabinet\nshall require that only the amount of spoil will be placed off the mine bench\nthat is necessary to achieve the planned postmining land use, insure stability\nof the spoil retained on the bench, meet all other requirements of this chapter,\nand require all spoil placement off the mine bench to comply with KRS\n350.440.\n(e) The cabinet shall promulgate specific regulations as it deems necessary, if any,\nto govern the granting of variances in accord with the provisions of this\nsubsection and may impose additional requirements it deems to be necessary.\n(f) All exceptions granted under the pro visions of this subsection shall be\nreviewed not more than three (3) years from the date of issuance of the permit,\nunless the permittee affirmatively demonstrates that the proposed\ndevelopment is proceeding in accordance with the terms of the reclamation\nplan.\n(4) The cabinet shall adopt programs, regulations, and procedures designed to provide\ntechnical assistance to assist the small coal operator with the permitting and\nenvironmental protection performance standards for surface coal mining operations\nwithin the Commonwealth. The programs shall be directed towards eliminating\ndelays in the processing of permits by establishing a special administrative program\nto review small operator's permit applications and by establishing a procedure for\nproviding the small operator the technical services of public and private agencies in\naddition to the services provided pursuant to KRS 350.465(2)(f) necessary for\ncompleting the permit application. Specifically, notwithstanding any other provision\nof this chapter or reg ulations adopted pursuant thereto, for the purpose of this\nprogram, the cabinet shall:\n(a) Develop a simplified small operator permit application. The cabinet shall\nnotify all applicants of deficiencies in the form of the application by certified\nmail within ten (10) working days after the filing in the regional office. The\napplicant shall have ten (10) working days after the receipt of the notification\nto repair the deficiencies. Upon failure of the applicant to repair the\ndeficiencies within ten (10) work ing days after receipt of the notification, the\ncabinet may return the application as incomplete.\n(b) Provide in the abandoned mine land program for small operators, having\nmined coal under a state permit or license at any time within the previous\nthree (3) years, participation consisting at least of the following:\n1. That lands acquired or reclaimed by the state containing coal, coal refuse\nor other marketable minerals which should be removed in order to\nmaximize the utilization, recoverability or conservation of solid fuel\nresources or to protect against adverse water  quality impacts and which,\nonce reclaimed, cannot be disturbed again by mining, shall be reclaimed\nby small operators unless the cabinet determines, after advertisement\nand advance opportunity to bid, that the reclamation project cannot be\nperformed by the small operator bidders;\n2. That the cabinet shall establish procedures for maximizing participation\nby small operators in all reclamation projects including:\na. Designing and establishing project specifications and setting forth\nin the annual request for  federal funding under the state\nreclamation plan not less than twenty percent (20%) of the projects\non cost basis to be performed by small operators;\nb. Advance advertising, soliciting, evaluating bids, and awarding\ncontracts on all state reclamation projects for small operators.\n3. In the event no bids are submitted by small operators for small operator\nprojects, the projects will be thereafter open for public bidding and no\nlonger designated as small operator projects but shall satisfy that portion\nof the twenty percent (20%) set aside.\n(c) For the purposes of this subsection, a small coal operator is one who is\nanticipated to mine less than three hundred thousand (300,000) tons per year,\nand the cabinet in determining tonnage for qualification shall cons ider all\nproduction from common ownership of other corporations or operations.\n(d) Upon written notification by the small coal operator to the cabinet stating that\nno more mining will take place under a permit, the cabinet shall release a\nportion of the bo nd in accordance with KRS 350.070. In making its\ndeterminations pursuant to KRS 350.070 the cabinet shall:\n1. Determine the percentage of the permitted acreage in the area of\nreduction in relation to the initial acreage of the permit;\n2. Examine the land w hich has been disturbed and estimate the cost of\nreclamation;\n3. When the estimated cost of reclamation does not exceed ten thousand\ndollars ($10,000) then the cabinet shall return all bond money in excess\nof the ten thousand dollars ($10,000);\n4. When the  estimated cost of reclamation exceeds ten thousand dollars\n($10,000), the cabinet shall retain the amount estimated and shall return\nall bond money in excess of the estimated amount but in no case shall\nthe cabinet return more than the amount determined b y multiplying the\npercentage determined under subparagraph 1. of this paragraph times the\noriginal total bond amount.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32850","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"7e430961090e3d04d7d984e172998e6ba0042501cd610c1b42ed3d1f0caf655e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.445","next":"us-ky/krs-350.455"},"notice":"GroundRules: Original legal text. Not legal advice."}