KENTUCKY REGULATORY PROGRAM

KENTUCKY ADMINISTRATIVE REGULATIONS (KAR)
TITLE 405   NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
DEPARTMENT FOR SURFACE MINING RECLAMATION AND ENFORCEMENT 

[Current as of 7/22/03] 

405 KAR CHAPTER 8    PERMITS
     405 KAR 8:001  Definitions for 405 KAR Chapter 8 
     405 KAR 8:010  General provisions for permits 
     405 KAR 8:020  Coal exploration 
     405 KAR 8:030  Surface coal mining permits 
     405 KAR 8:040  Underground coal mining permits 
     405 KAR 8:050  Permits for special categories of mining 

NOTE:
     Cross references to OSM's federal regulations, the U.S. Code ("USC") and Kentucky Revised Statutes ("KRS")
are part of the Kentucky Regulatory Program's regulations.  These references appear at the beginning of each
subchapter under "RELATES TO" and " STATUTORY AUTHORITY".   The SMCRA section number equivalents
to the USC section numbers have been added to the end of these notations.  
     In addition, specific cross references to federal regulation and statute sections were added to Kentucky regulation
sections; they appear in double braces to the right of the section name and number, e.g., "SECTION 1. NOTICE
OF CITIZEN SUITS.      {{ 30 CFR 700.13 }}".  These annotations were compiled using the preambles to OSM's
approval of amendments to the Kentucky Regulatory Program published in the Federal Register and from the file of
Kentucky regulatory material in the COALEX Library in LexisNexis.


405 KAR 8:001.      DEFINITIONS FOR 405 KAR CHAPTER 8.

RELATES TO: KRS Chapter 350, 7 CFR Part 657, 30 CFR Parts 700.5, 701.5, 707.5, 730-733, 735, 761.5, 762.5,
773.5, 800.5, 843.5, 917, 30 USC 1253, 1255, 1291 {SMCRA Secs. 503, 505, 701}

STATUTORY AUTHORITY: KRS 350.028(1), (5), 350.465, 7 CFR Part 657, 30 CFR Parts 730-733, 735, 917,
30 USC 1253, 1255 {SMCRA Secs. 503, 505, 701}

NECESSITY, FUNCTION, AND CONFORMITY: KRS 350.028(1) and (5) and 350.465(2) authorize the cabinet
to promulgate administrative regulations relating to surface and underground coal mining operations. This
administrative regulation defines terms used in 405 KAR Chapter 8.

SECTION 1. DEFINITIONS. 
(1) "ACID DRAINAGE" means water with a pH of less than six (6.0) and in which total acidity exceeds total
alkalinity, discharged from an active, inactive, or abandoned surface coal mine and reclamation operation or from an
area affected by surface coal mining and reclamation operations.

(2) "ACID-FORMING MATERIALS" means earth materials that contain sulfide minerals or other materials which,
if exposed to air, water, or weathering processes, form acids that may create acid drainage.

(3) "ACQUISITION" means purchase, lease, or option of the land for the purpose of conducting or allowing through
resale, lease, or option, the conduct of surface coal mining and reclamation operations.

(4) "ADJACENT AREA" means land located outside the affected area or permit area, depending on the context in
which "adjacent area" is used, where air, surface or groundwater, fish, wildlife, vegetation or other resources
protected by KRS Chapter 350 may be adversely impacted by surface coal mining and reclamation operations.

(5) "ADMINISTRATIVELY COMPLETE APPLICATION" means an application for permit approval, or approval
for coal exploration if required, which the cabinet determines to contain information addressing each application
requirement of the regulatory program and to contain all information necessary to initiate technical processing and
public review.

(6) "AFFECTED AREA" means any land or water area which is used to facilitate, or is physically altered by, surface
coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface
coal mining and reclamation operations are conducted; any adjacent lands the use of which is incidental to surface
coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for
hauling coal to or from, surface coal mining and reclamation operations, except as provided in this definition; any
area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks,
dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage
areas, shipping areas; any areas upon which are sited structures, facilities, or other property or material on the surface
resulting from, or incident to, surface coal mining and reclamation operations; and the area located above
underground workings associated with underground mining activities, auger mining, or in situ mining. The affected
area shall include every road used for the purposes of access to, or for hauling coal to or from, surface coal mining
and reclamation operations, unless the road:
     (a) Was designated as a public road pursuant to the laws of the jurisdiction in which it is located;
     (b) Is maintained with public funds, and constructed in a manner similar to other public roads of the same
classification within the jurisdiction; and
     (c) There is substantial (more than incidental) public use.

(7) "APPLICANT" means any person seeking a permit, permit revision, permit amendment, permit renewal, or
transfer, assignment, or sale of permit rights from the cabinet to conduct surface coal mining and reclamation
operations or approval to conduct coal exploration operations pursuant to KRS Chapter 350 and all applicable
regulations.

(8) "APPLICATION" means the documents and other information filed with the cabinet seeking issuance of permits;
revisions; amendments; renewals; and transfer, assignment or sale of permit rights for surface coal mining and
reclamation operations or, if required, seeking approval for coal exploration.

(9) "APPROXIMATE ORIGINAL CONTOUR" is defined in KRS 350.010.

(10) "AQUIFER" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities
for domestic, agricultural, industrial, or other beneficial use.

(11) "AUGER MINING" means a method of mining coal at a cliff or highwall by drilling holes into an exposed coal
seam from the highwall and transporting the coal along an auger bit to the surface and shall also include all other
methods of mining in which coal is extracted from beneath the overburden by mechanical devices located at the face
of the cliff or highwall and extending laterally into the coal seam, such as extended depth, secondary recovery
systems.

(12) "BEST TECHNOLOGY CURRENTLY AVAILABLE" means equipment, devices, systems, methods, or
techniques which will prevent, to the extent possible, additional contributions of suspended solids to stream flow or
runoff outside the permit area and minimize, to the extent possible, disturbances and adverse impacts on fish,
wildlife, and related environmental values, and achieve enhancement of those resources where practicable. The term
includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined
by the cabinet, even if they are not in routine use. The term includes, but is not limited to, construction practices,
siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of
activities and design of sedimentation ponds in accordance with 405 KAR Chapters 16 and 18. The cabinet shall
have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by
KRS Chapter 350 and 405 KAR Chapters 7 through 24.

(13) "CABINET" is defined in KRS 350.010.

(14) "CEMETERY" means any area where human bodies are interred.

(15) "CESSATION ORDER" means an order for cessation and immediate compliance and any similar order issued
by OSM under SMCRA or issued by any state pursuant to its laws or regulations under SMCRA.

(16) "CFR" means Code of Federal Regulations.

(17) "COAL" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite
by ASTM Standard D 388-77.

(18) "COAL EXPLORATION" means the field gathering of:

     (a) Surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical,
or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or
     (b) Environmental data to establish the conditions of an area before beginning surface coal mining and
reclamation operations under the requirements of 405 KAR Chapters 7 through 24 if the activity may cause any
disturbance of the land surface or may cause any appreciable effect upon land, air, water, or other environmental
resources.

(19) "COAL MINE WASTE" means coal processing waste and underground development waste.

(20) "COAL PROCESSING PLANT" means a facility where coal is subjected to chemical or physical processing or
cleaning, concentrating, crushing, sizing, screening, or other processing or preparation including all associated
support facilities including loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water
treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste
disposal areas.

(21) "COAL PROCESSING WASTE" means materials which are separated from the product coal during the
cleaning, concentrating, or other processing or preparation of coal.

(22) "COLLATERAL BOND" means an indemnity agreement in a sum certain payable to the cabinet executed by
the permittee and which is supported by the deposit with the cabinet of cash, negotiable certificates of deposit, or an
irrevocable letter of credit of any bank organized and authorized to transact business in the United States.

(23) "COMBUSTIBLE MATERIAL" means organic material that is capable of burning, either by fire or through
oxidation, accompanied by the evolution of heat and a significant temperature rise.

(24) "COMMUNITY OR INSTITUTIONAL BUILDING" means a structure, other than a public building or
occupied dwelling, that is used:
     (a) For meetings, gatherings, or functions of:
          1. A local civic organization; or
          2. Other community group;
     (b) As a facility for the following purposes:
          1. Educational;
          2. Cultural;
          3. Historic;
          4. Religious;
          5. Scientific; or
          6. Correctional;
     (c) As a mental or physical health care facility;
     (d) To supply water;
     (e) To generate power;
     (f) To treat sewage; or
     (g) For another public service.

(25) "COMPACTION" means increasing the density of a material by reducing the voids between the particles by
mechanical effort.

(26) "COMPLETE AND ACCURATE APPLICATION" means an application for permit approval, or approval for
coal exploration if required, which the cabinet determines to contain all information required under, and necessary to
comply with, KRS Chapter 350 and 405 KAR Chapters 7 through 24, in order to make decisions concerning its
administrative and technical acceptability and whether a permit or exploration approval may be issued.

(27) "CROPLAND" means land used for the production of adapted crops for harvest, alone or in a rotation with
grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops, and other
similar specialty crops.

(28) "CUMULATIVE IMPACT AREA" means the area, including the permit area, within which impacts resulting
from the proposed operation may interact with the impacts of all anticipated mining on surface and groundwater
systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of:
     (a) The proposed operation;
     (b) All existing operations;
     (c) Any operation for which a permit application has been submitted to the cabinet; and
     (d) All operations required to meet diligent development requirements for leased federal coal for which
there is actual mine development information available.

(29) "DAY" means calendar day unless otherwise specified to be a working day.

(30) "DEPARTMENT" means the Department for Surface Mining Reclamation and Enforcement.

(31) "DEVELOPED WATER RESOURCES LAND" means land used for storing water for beneficial uses such as
stockponds, irrigation, fire protection, flood control, and water supply.

(32) "DISTURBED AREA" means an area where vegetation, topsoil, or overburden is removed or upon which
topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal
mining operations. Those areas are classified as "disturbed" until reclamation is complete and the performance bond
or other assurance of performance required by 405 KAR Chapter 10 is released.

(33) "DIVERSION" means a channel, embankment, or other manmade structure constructed to divert water from one
(1) area to another.

(34) "EMBANKMENT" means a manmade deposit of material that is raised above the natural surface of the land
and used to contain, divert, or store water; to support roads or railways; or for other similar purposes.

(35) "EPHEMERAL STREAM" means a stream which flows only in direct response to precipitation in the
immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is
always above the local water table.

(36) "EXCESS SPOIL" means spoil disposed of in a location other than the coal extraction area, except that spoil
material used to achieve the approximate original contour shall not be considered excess spoil.

(37) "EXISTING STRUCTURE" means a structure or facility used in connection with or to facilitate surface coal
mining and reclamation operations, for which construction began prior to January 18, 1983.

(38) "FEDERAL LANDS" means any lands, including mineral interests, owned by the United States, without regard
to how the United States acquired ownership of the lands or which agency manages the lands. It does not include
Indian lands.

(39) "FOREST LAND" means land used or managed for the long-term production of wood, wood fiber, or wood
derived products.

(40) "FUGITIVE DUST" means that particulate matter which becomes airborne due to wind erosion from exposed
surfaces.

(41) "GENERAL AREA" means, with respect to hydrology, the topographic and groundwater basin surrounding a
permit area which is of sufficient size, including areal extent and depth, to include one (1) or more watersheds
containing perennial streams and groundwater zones and to allow assessment of the probable cumulative impacts on
the quality and quantity of surface and groundwater systems in the basins.

(42) "GROUND COVER" means the area of ground covered by the combined aerial parts of vegetation and litter
produced and distributed naturally and seasonally on site, expressed as a percentage of the total area of measurement.

(43) "GROUNDWATER" means subsurface water that fills available openings in rock or soil materials to the extent
that they are considered water saturated.

(44) "GROWING SEASON" means the period during a one (1) year cycle, from the last killing frost in the spring to
the first killing frost in the fall, in which climatic conditions are favorable for plant growth. In Kentucky, this period
normally extends from mid-April to mid-October.

(45) "HIGHWALL" means the face of exposed overburden and coal in an open cut of a surface mining activity or
for entry to underground mining activities.

(46) "HISTORICALLY USED FOR CROPLAND" means land that:
     (a) Has been used for cropland for any of five (5) years or more of the ten (10) years immediately preceding
the:
          1. Application; or
          2. Acquisition of the land for the purpose of conducting a surface coal mining and reclamation
operation;
     (b) Would likely have been used for cropland for any five (5) of the ten (10) years immediately preceding
the acquisition or application, but for some fact of ownership or control of the land unrelated to the productivity of
the land;
     (c) Falls outside the five (5) of ten (10) years criteria, but the cabinet determines is clearly cropland on the
basis of additional cropland history of:
          1. Surrounding land; and
          2. The land under consideration.

(47) "HYDROLOGIC BALANCE" means the relationship between the quality and quantity of water inflow to, water
outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It
encompasses the dynamic relationship between precipitation, runoff, evaporation, and changes in ground and surface
water storage.

(48) "HYDROLOGIC REGIME" means the entire state of water movement in a given area. It is a function of the
climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or
solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by
means of evaporation and transpiration.

(49) "IMMINENT DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC" means the existence of any
condition or practice, or any violation of a permit or other requirements of KRS Chapter 350 in a surface coal mining
and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside
the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or
serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to
the peril, would avoid exposure to the danger during the time necessary for abatement.

(50) "IMPOUNDING STRUCTURE" means a dam, embankment or other structure used to impound water, slurry,
or other liquid or semiliquid material.

(51) "IMPOUNDMENT" means a water, sediment, slurry or other liquid or semiliquid holding structure or
depression, either naturally formed or artificially built.

(52) "INCIDENTAL BOUNDARY REVISION" means an extension to a permit area that is necessary for reasons
unforeseen when the original permit application was prepared and that is small in relation to the original or amended
permit area.

(53) "INDUSTRIAL/COMMERCIAL LANDS" means lands used for:
     (a) Extraction or transformation of materials for fabrication of products, wholesaling of products, or long-
term storage of products, and heavy and light manufacturing facilities.
     (b) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial
establishments.

(54) "IN SITU PROCESSES" means activities conducted on the surface or underground in connection with in-place
distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited
to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

(55) "INTERMITTENT STREAM" means:
     (a) A stream or reach of stream that drains a watershed of one (1) square mile or more but does not flow
continuously during the calendar year; or
     (b) A stream or reach of a stream that is below the local water table for at least some part of the year, and
obtains its flow from both surface runoff and groundwater discharge.

(56) "IRREPARABLE DAMAGE TO THE ENVIRONMENT" means any damage to the environment, in violation
of SMCRA, KRS Chapter 350, or 405 KAR Chapters 7 through 24, that cannot be corrected by actions of the
applicant.

(57) "KAR" means Kentucky administrative regulations.

(58) "KRS" means Kentucky Revised Statutes.

(59) "LAND USE" means specific functions, uses, or management-related activities of an area, and may be identified
in combination when joint or seasonal uses occur and may include land used for support facilities that are an integral
part of the use. In some instances, a specific use can be identified without active management.

(60) "MATERIAL DAMAGE", as used in 405 KAR 8:040, Section 26 means:
     (a) Any functional impairment of surface lands, features, structures or facilities;
     (b) Any physical change that has a significant adverse impact on the affected land's capability to support
any current or reasonably foreseeable uses or causes significant loss in production or income; or
     (c) Any significant change in the condition, appearance or utility of any structure or facility from its
presubsidence condition.

(61) "MONITORING" means the collection of environmental data by either continuous or periodic sampling
methods.

(62) "MRP" means mining and reclamation plan.

(63) "MSHA" means Mine Safety and Health Administration.

(64) "MULCH" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture
conservation, thus providing microclimatic conditions suitable for germination and growth.

(65) "NONCOMMERCIAL BUILDING" means any building, other than an occupied residential dwelling, that, at
the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or
institutional building. Any building used only for commercial agricultural, industrial, retail or other commercial
enterprises is excluded.

(66) "NOTICE OF NONCOMPLIANCE AND ORDER FOR REMEDIAL MEASURES" means a written document
and order prepared by an authorized representative of the cabinet which sets forth with specificity the violations of
KRS Chapter 350, 405 KAR Chapters 7 through 24, or permit conditions which the authorized representative of the
cabinet determines to have occurred based upon his inspection, and the necessary remedial actions, if any, and the
time schedule for completion thereof, which the authorized representative deems necessary and appropriate to
correct the violations.

(67) "NOTICE OF VIOLATION" means any written notification from a governmental entity of a violation of law or
regulation, whether by letter, memorandum, legal or administrative pleading, or other written communication. This
shall include a notice of noncompliance and order for remedial measures.

(68) "OCCUPIED DWELLING" means any building that is currently being used on a regular or temporary basis for
human habitation.

(69) "OCCUPIED RESIDENTIAL DWELLING AND STRUCTURES RELATED THERETO" means, for
purposes of 405 KAR 8:040, Section 26, and 405 KAR 18:210, any building or other structure that, at the time the
subsidence occurs, is used either temporarily, occasionally, seasonally, or permanently for human habitation. This
term also includes any building, structure or facility installed on, above or below, or a combination thereof, the land
surface if that building, structure or facility is adjunct to or used in connection with an occupied residential dwelling.
Examples of these structures include, but are not limited to, garages; storage sheds and barns; greenhouses and
related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks
and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any
structure used only for commercial agricultural, industrial, retail or other commercial purposes is excluded.

(70) "OPERATIONS" is defined in KRS 350.010.

(71) "OPERATOR" is defined in KRS 350.010.

(72) "ORDER FOR CESSATION AND IMMEDIATE COMPLIANCE" means a written document and order issued
by an authorized representative of the cabinet when:
     (a) A person to whom a notice of noncompliance and order for remedial measures was issued has failed, as
determined by a cabinet inspection, to comply with the terms of the notice of noncompliance and order for remedial
measures within the time limits set therein, or as subsequently extended; or
     (b) The authorized representative finds, on the basis of a cabinet inspection, any condition or practice or any
violation of KRS Chapter 350, 405 KAR Chapters 7 through 24, or any condition of a permit or exploration approval
which:
          1. Creates an imminent danger to the health or safety of the public; or
          2. Is causing or can reasonably be expected to cause significant, imminent environmental harm to
land, air or water resources.

(73) "OSM" means Office of Surface Mining Reclamation and Enforcement, United States Department of the
Interior.

(74) "OTHER MINERAL" means any commercially valuable substance mined for its mineral value, excluding coal,
topsoil, waste, and fill material.

(75) "OVERBURDEN" is defined in KRS 350.010.

(76) "OWNED OR CONTROLLED" and "OWNS OR CONTROLS" mean any one (1) or a combination of the
relationships specified in paragraphs (a) and (b) of this subsection:
     (a)1. Being a permittee of a surface coal mining operation;
          2. Based on instruments of ownership or voting securities, owning of record in excess of fifty (50)
percent of an entity; or
          3. Having any other relationship that gives one (1) person authority directly or indirectly to
determine the manner in which an applicant, an operator, or other entity conducts surface coal mining operations.
     (b) The following relationships are presumed to constitute ownership or control unless a person can
demonstrate that the person subject to the presumption does not in fact have the authority directly or indirectly to
determine the manner in which the relevant surface coal mining operation is conducted:
          1. Being an officer or director of an entity;
          2. Being the operator of a surface coal mining operation;
          3. Having the ability to commit the financial or real property assets or working resources of an
entity;   
          4. Being a general partner in a partnership;
          5. Based on the instruments of ownership or the voting securities of a corporate entity, owning of
record ten (10) through fifty (50) percent of the entity; or
          6. Owning or controlling coal to be mined by another person under a lease, sublease, or other
contract and having the right to receive the coal after mining or having authority to determine the manner in which
that person or another person conducts a surface coal mining operation.

(77) "PASTURELAND" means land used primarily for the long-term production of adapted, domesticated forage
plants to be grazed by livestock or occasionally cut and cured for livestock feed.

(78) "PERENNIAL STREAM" means a stream or that part of a stream that flows continuously during all of the
calendar year as a result of groundwater discharge or surface runoff. The term does not include "intermittent stream"
or "ephemeral stream."

(79) "PERFORMANCE BOND" means a surety bond, a collateral bond, or a combination thereof, or bonds filed
pursuant to the provisions of the Kentucky Bond Pool Program (405 KAR 10:200, KRS 350.595, and KRS 350.700
through 350.755), by which a permittee assures faithful performance of all the requirements of KRS Chapter 350,
405 KAR Chapters 7 through 24, and the requirements of the permit and reclamation plan.

(80) "PERMANENT DIVERSION" means a diversion remaining after surface coal mining and reclamation
operations are completed which has been approved for retention by the cabinet and other appropriate Kentucky and
federal agencies.

(81) "PERMIT" means written approval issued by the cabinet to conduct surface coal mining and reclamation
operations.

(82) "PERMIT AREA" means the area of land and water within boundaries designated in the approved permit
application, which shall include, at a minimum, all areas which are or will be affected by surface coal mining and
reclamation operations under that permit.

(83) "PERMITTEE" means an operator or a person holding or required by KRS Chapter 350 or 405 KAR Chapters
7 through 24 to hold a permit to conduct surface coal mining and reclamation operations during the permit term and
until all reclamation obligations imposed by KRS Chapter 350 and 405 KAR Chapters 7 through 24 are satisfied.

(84) "PERSON" is defined in KRS 350.010.

(85) "PERSON HAVING AN INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED" or "PERSON
WITH A VALID LEGAL INTEREST" shall include any person:
     (a) Who uses any resource of economic, recreational, aesthetic, or environmental value that may be
adversely affected by coal exploration or surface coal mining and reclamation operations, or by any related action of
the cabinet; or
     (b) Whose property is or may be adversely affected by coal exploration or surface coal mining and
reclamation operations, or by any related action of the cabinet.

(86) "PREVIOUSLY MINED AREA" means land that was affected by coal mining operations conducted prior to
August 3, 1977, that has not been reclaimed to the standards of this title.

(87) "PRIME FARMLAND" means those lands which are defined by the Secretary of Agriculture in 7 CFR 657 and
which have been "historically used for cropland" as that phrase is defined above.

(88) "PRINCIPAL SHAREHOLDER" means any person who is the record or beneficial owner of ten (10) percent or
more of any class of voting stock of the applicant.

(89) "PROBABLE CUMULATIVE IMPACTS" means the expected total qualitative, and quantitative, direct and
indirect effects of surface coal mining and reclamation operations on the hydrologic regime.

(90) "PROBABLE HYDROLOGIC CONSEQUENCES" means the projected results of proposed surface coal
mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface
and groundwater; the surface or groundwater flow, timing, and pattern; and the stream channel conditions on the
permit area and adjacent areas.

(91) "PROPERTY TO BE MINED" means both the surface and mineral estates on and underneath lands which are
within the permit area.

(92) "PUBLIC BUILDING" means any structure that is owned or leased, and principally used by a governmental
agency for public business or meetings.

(93) "PUBLICLY-OWNED PARK" means a public park that is owned by a federal, state, or local governmental
entity.

(94) "PUBLIC OFFICE" means a facility under the direction and control of a governmental entity which is open to
public access on a regular basis during reasonable business hours.

(95) "PUBLIC PARK" means an area dedicated or designated by any federal, state, or local agency primarily for
public recreational use, despite whether the use is limited to certain times or days. It includes any land leased,
reserved, or held open to the public because of that use.

(96) "PUBLIC ROAD" means any publicly owned thoroughfare for the passage of vehicles.

(97) "RECHARGE CAPACITY" means the ability of the soils and underlying materials to allow precipitation and
runoff to infiltrate and reach the zone of saturation.

(98) "RECLAMATION" is defined in KRS 350.010.

(99) "RECREATION LAND" means land used for public or private leisure-time use, including developed recreation
facilities such as parks, camps, and amusement areas, as well as areas for less intensive uses such as hiking,
canoeing, and other undeveloped recreational uses.

(100) "REFERENCE AREA" means a land unit maintained under appropriate management for the purpose of
measuring vegetative ground cover, productivity, and plant species diversity that are produced naturally or by crop
production methods approved by the cabinet.

(101) "REFUSE PILE" means a surface deposit of coal mine waste that is not retained by an impounding structure
and does not impound water, slurry, or other liquid or semiliquid material.

(102) "REMINING" means conducting surface coal mining and reclamation operations which affect previously
mined areas.

(103) "RENEWABLE RESOURCE LANDS."
      (a) As used in 405 KAR Chapter 24, "renewable resource lands" means geographic areas which contribute
significantly to the long-range productivity of water supplies or of food or fiber products, these lands to include
aquifers and aquifer recharge areas.
     (b) As used in 405 KAR 8:040, Section 26, "renewable resource lands" means aquifers and areas for the
recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and
fiber, and grazing lands.

(104) "RESIDENTIAL LAND" means tracts employed for single and multiple-family housing, mobile home parks,
and other residential lodgings.

(105) "ROAD" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or
surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including
the roadbed, shoulders, parking and side area, approaches, structures, ditches, surface, and contiguous appendages
necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved,
or maintained for use in coal exploration or surface coal mining and reclamation operations, including use by coal
hauling vehicles leading to transfer, processing, or storage areas. The term does not include pioneer or construction
roadways used for part of the road construction procedure and promptly replaced by a road pursuant to 405 KAR
Chapters 16 and 18 located in the identical right-of-way as the pioneer or construction roadway. The term also
excludes any roadway within the immediate mining pit area.

(106) "SCS" means Soil Conservation Service.

(107) "SECRETARY" is defined in KRS 350.010.

(108) "SEDIMENTATION POND" means a primary sediment control structure:
     (a) Designed, constructed, or maintained pursuant to 405 KAR 16:090 or 405 KAR 18:090;
     (b) That may include a barrier, dam, or excavated depression to:
          1. Slow water runoff; and
          2. Allow suspended solids to settle out; and
     (c) That shall not include secondary sedimentation control structures, including a straw dike, riprap, check
dam, mulch, dugout, or other measure that reduces overland flow velocity, reduces runoff volume, or trap sediment,
to the extent that the secondary sedimentation structure drains into a sedimentation pond.

(109) "SIGNIFICANT, IMMINENT ENVIRONMENTAL HARM" means an adverse impact on land, air, or water
resources which resources include, but are not limited to, plant and animal life as further defined in this subsection.
     (a) An environmental harm is imminent, if a condition, practice, or violation exists which:
          1. Is causing environmental harm; or
          2. May reasonably be expected to cause environmental harm at any time before the end of the
reasonable abatement time that would be set by the cabinet's authorized agents pursuant to the provisions of KRS
Chapter 350.
     (b) An environmental harm is significant if that harm is appreciable and not immediately reparable.

(110) "SLOPE" means average inclination of a surface, measured from the horizontal, generally expressed as the
ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also be
expressed as a percent or in degrees.

(111) "SLURRY MINING" means the hydraulic breakdown of subsurface coal with drill-hole equipment, and the
eduction of the resulting slurry to the surface for processing.

(112) "SMALL OPERATOR", as used in 405 KAR 8:030, Section 3(5) and 405 KAR 8:040, Section 3(5), is
defined at KRS 350.450(4)(c).

(113) "SMCRA" means Surface Mining Control and Reclamation Act of 1977 (PL 95-87), as amended.

(114) "SOIL HORIZONS" means contrasting layers of soil parallel or nearly parallel to the land surface. Soil
horizons are differentiated on the basis of field characteristics and laboratory data. The four (4) master soil horizons
are:
     (a) "A HORIZON." The uppermost mineral layer, often called the surface soil. It is the part of the soil in
which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest.
     (b) "E HORIZON." The layer commonly near the surface below an A horizon and above a B horizon. An E
horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably
less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon
in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these
properties.
     (c) "B HORIZON." The layer that typically is immediately beneath the E horizon and often called the
subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons.
     (d) "C HORIZON." The deepest layer of soil profile. It consists of loose material or weathered rock that is
relatively unaffected by biologic activity.

(115) "SOIL SURVEY" means a field and other investigation, resulting in a map showing the geographic
distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets the soils
for use. Soil surveys shall meet the standards of the National Cooperative Soil Survey.

(116) "SPOIL" means overburden and other materials, excluding topsoil, coal mine waste, and mined coal, that are
excavated during surface coal mining and reclamation operations.

(117) "STABILIZE" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the
geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective
surface coating.

(118) "STEEP SLOPE" means any slope of more than twenty (20) degrees.

(119)(a) "SUBSTANTIAL LEGAL AND FINANCIAL COMMITMENTS" means significant investments, that have
been made on the basis of a long-term coal contract, consisting of actual expenditures of substantial monies or
execution of valid and binding contracts involving substantial monies for such things as power plants; railroads; coal
handling, preparation, extraction, and storage facilities; and other capital-intensive activities such as:
          1. Improvement or modification of coal lands within, for access to, or in support of surface coal
mining and reclamation operations in the petitioned area;
          2. Acquisition of capital equipment for use in, for access to, or for use in support of surface coal
mining and reclamation operations in the petitioned area; and
          3. Exploration, mapping, surveying, and geological work, as well as expenditures of engineering
and legal fees, associated with the acquisition of the property or preparation of an application to conduct surface coal
mining and reclamation operations in the petitioned area.
     (b) The costs of acquiring the coal in place or the right to mine such coal are not sufficient to constitute a
substantial legal and financial commitment in the absence of other investments as described in paragraph (a) of this
subsection.

(120) "SUBSTANTIALLY DISTURB" means, for purposes of coal exploration, to significantly impact land or
water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other
access routes; by placement of excavated earth or waste material on the natural land surface; or by other activities, or
to remove more than twenty-five (25) tons of coal.

(121) "SUCCESSOR IN INTEREST" means any person who succeeds to rights granted under a permit, by transfer,
assignment, or sale of those rights.

(122) "SURETY BOND" means an indemnity agreement in a sum certain, payable to the cabinet and executed by
the permittee, which is supported by the performance guarantee of a corporation licensed to do business as a surety
in the Commonwealth of Kentucky.

(123) "SURFACE COAL MINING AND RECLAMATION OPERATIONS" is defined in KRS 350.010.

(124) "SURFACE COAL MINING OPERATIONS" is defined in KRS 350.010.

(125) "SURFACE MINING ACTIVITIES" means those surface coal mining and reclamation operations incident to
the extraction of coal from the earth by removing the materials over a coal seam before recovering the coal, by auger
coal mining, by extraction of coal from coal refuse piles, or by recovery of coal from slurry ponds.

(126) "SUSPENDED SOLIDS" or nonfilterable residue, expressed as milligrams per liter, means organic or
inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the
procedure outlined by the U.S. EPA's regulations for waste water and analyses (40 CFR 136).

(127) "TEMPORARY DIVERSION" means a diversion of a stream or overland flow which is used during coal
exploration or surface coal mining and reclamation operations and not approved by the cabinet to remain after
reclamation as part of the approved postmining land use.

(128) "TON" means 2000 pounds avoirdupois (.90718 metric ton).

(129) "TOPSOIL" means the A and E soil horizon layers of the four (4) master soil horizons.

(130) "TOXIC-FORMING MATERIALS" means earth materials or wastes which, if acted upon by air, water,
weathering, or microbiological processes, are likely to produce chemical conditions in soils or water that are
detrimental to biota or uses of water.

(131) "TOXIC MINE DRAINAGE" means water that is discharged from active or abandoned mines or other areas
affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that
through chemical action is likely to kill, injure, or impair biota commonly present in the area that might be exposed
to it.

(132) "TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS" means a change in ownership or other
effective control over the right to conduct surface coal mining operations under a permit issued by the cabinet.

(133) "TRM" means Technical Reclamation Memorandum.

(134) "UNDERGROUND DEVELOPMENT WASTE" means waste coal, shale, claystone, siltstone, sandstone,
limestone, or similar materials that are extracted from underground workings in connection with underground mining
activities.

(135) "UNDERGROUND MINING ACTIVITIES" means a combination of:
     (a) Surface operations incident to underground extraction of coal or in situ processing, including
construction, use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, processing areas,
and shipping areas; areas upon which are sited support facilities including hoist and ventilating ducts; areas utilized
for the disposal and storage of waste; and areas on which materials incident to underground mining operations are
placed; and
     (b) Underground operations such as underground construction, operation, and reclamation of shafts, adits,
underground support facilities; in situ processing; and underground mining, hauling, storage, and blasting.

(136) "USDA" means United States Department of Agriculture.

(137) "U.S. EPA" means United States Environmental Protection Agency (133) "USGS" means United States
Geological Survey.

(138) "USGS" means United States Geological Survey.

(139) "VALID EXISTING RIGHTS" means:
     (a) Except for haul roads, property rights in existence on August 3, 1977, that were created by a legally
binding conveyance, lease, contract or other instrument which authorizes the applicant to produce coal and the
person proposing to conduct a surface coal mining operation on the lands either:
          1. Had been validly issued or had made a good faith effort to obtain, on or before August 3, 1977,
all state and federal permits necessary to conduct surface coal mining operations on those lands, application for the
permits being deemed to constitute good faith efforts to obtain the permits; or
          2. Can demonstrate to the cabinet that the coal is both needed for, and immediately adjacent to, an
ongoing surface coal mining operation for which all permits were obtained prior to August 3, 1977.
     (b) For haul roads:
          1. A recorded right-of-way, recorded easement, or a permit for coal haul road recorded as of
August 3, 1977; or
          2. Any other road in existence as of August 3, 1977.
     (c) Valid existing rights does not mean the mere expectation of a right to conduct surface coal mining
operations or the right to conduct underground coal mining.

(140) "WATER TRANSMITTING ZONE" means a body of consolidated or unconsolidated rocks which, due to
their greater primary or secondary permeability relative to the surrounding rocks, can reasonably be considered to
function as a single hydraulic medium for the flow of groundwater.

(141) "WETLAND" means land that has a predominance of hydric soils and that is inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support,
a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.
     (a) "HYDRIC SOIL" means soil that, in its undrained condition, is saturated, flooded, or ponded long
enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of
hydrophytic vegetation.
     (b) "HYDROPHYTIC VEGETATION" means a plant growing in:
          1. Water; or
          2. A substrate that is at least periodically deficient in oxygen during a growing season as a result of
excessive water content.

(142) "WILLFULLY" and "WILLFUL VIOLATION" mean that a person acted either intentionally, voluntarily, or
consciously, and with intentional disregard or plain indifference to legal requirements, in authorizing, ordering, or
carrying out an act or omission that constituted a violation of SMCRA, KRS Chapter 350, 405 KAR Chapters 7
through 24, or a permit condition, or that constituted a failure or refusal to comply with an order issued pursuant to
SMCRA, KRS Chapter 350, or 405 KAR Chapters 7 through 24.

SECTION 2. INCORPORATION BY REFERENCE. 
(1) "ASTM Standard D 388-77, Standard Specification for Classification of Coals by Rank", (1977), American
Society for Testing and Materials, is incorporated by reference.

(2) It may be inspected, copied, or obtained at the Department for Surface Mining Reclamation and Enforcement, 2
Hudson Hollow, Frankfort, Kentucky 40601-4321, Monday through Friday, 8 a.m. to 4:30 p.m. 
(18 Ky.R. 2460; Am. 2837; eff. 4-3-92; 19 Ky.R. 467; 1360; eff. 11-23-92; 24 Ky.R. 667; 2622; eff. 6-10-98.)


405 KAR 8:010.      GENERAL PROVISIONS FOR PERMITS.

RELATES TO: KRS 350.020, 350.055, 350.060, 350.070, 350.085, 350.090, 350.130, 350.135, 350.450, 350.465,
27 CFR 55.206, 55.218, 55.219, 55.220, 30 CFR 77.1301(c), 30 CFR Parts 730-733, 735, 773-775, 777, 778.17,
917, 16 USC 470 et seq., 661 et seq., 66A, 703 et seq., 1513 et seq., 30 USC 1253, 1255-1261, 1263-1266, 1272
{SMCRA Secs. 503, 505, 506, 507, 508, 509, 510, 511, 513, 514, 515, 516, 522}

STATUTORY AUTHORITY: KRS Chapter 13A, 350.020, 350.028, 350.060, 350.135, 350.450, 350.465, 30 CFR
Parts 730-733, 735, 773-775, 777, 778.17, 917, 16 USC 470 et seq., 661 et seq., 66A, 703 et seq., 1513 et seq., 30
USC 1253, 1255-1261, 1263-1266, 1272 {SMCRA Secs. 503, 505, 506, 507, 508, 509, 510, 511, 513, 514, 515,
516, 522}

NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in pertinent part requires the cabinet to
promulgate rules and administrative regulations pertaining to permits for surface coal mining and reclamation
operations. This administrative regulation provides for permits to conduct these operations. The administrative
regulation specifies when permits are required, application deadlines, requirements for applications for permanent
program permits, fees, verification of applications, public notice requirements, submission of comments on permit
applications, the right to file objections, informal conferences, review of the permit applications, criteria for
application approval or denial and relevant actions, term of the permits, conditions of permits, review of outstanding
permits, revisions of permits, amendments, renewals, transfers, assignments, and sales of permit rights,
administrative and judicial review, and procedures relating to improvidently issued permits.

SECTION 1. APPLICABILITY.                               {{ 30 CFR 773.1 }}
Excluding coal exploration operations, this administrative regulation shall apply to all applications, all actions
regarding permits, and all surface coal mining and reclamation operations.

SECTION 2. GENERAL REQUIREMENTS.                   {{ 30 CFR 774.17 }}
(1) Permanent program permits required. No person shall engage in surface coal mining and reclamation operations
unless that person has first obtained a valid permanent program permit under this chapter for the area to be affected
by the operations.

(2) General filing requirements for permanent program permit applications.
     (a) Each person who intends to engage in surface coal mining and reclamation operations shall file a
complete and accurate application for a permanent program permit which shall comply fully with all applicable
requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24, and shall not begin the operations until the
permit has been granted.
     (b) Renewal of valid permanent program permits. An application for renewal of a permit under Section 21
of this administrative regulation shall be filed with the cabinet at least 120 days before the expiration of the permit.
     (c) Revision of permanent program permits. A permittee may, at any time, apply for a revision of a permit,
but shall not vary from the requirements of the permit until the revision has been approved by the cabinet. The term
of a permit shall remain unchanged by a revision.
     (d) Succession to rights granted under prior permanent program permits. An application for the transfer,
sale, or assignment of rights granted under a permit may be submitted at any time. The actual transfer, sale, or
assignment of permit rights, however, may not take place until written permission has been granted by the cabinet.
     (e) Amendment of permanent program permits. A permittee may, at any time, apply for an amendment to a
permit under Section 23 of this administrative regulation, but shall not begin surface coal mining and reclamation
operations on the areas until the amendment has been approved by the cabinet. The term of a permit shall remain
unchanged by an amendment.

(3) Compliance with permits. Any person engaging in surface coal mining and reclamation operations under a permit
issued pursuant to KRS Chapter 350 shall comply with the terms and conditions of the permit, including the plans
and other documents submitted as part of the application and approved by the cabinet, and the applicable
requirements of KRS Chapter 350 and 405 KAR.

SECTION 3. COORDINATION OF REVIEW OF PERMIT APPLICATIONS.  {{ 30 CFR 773.5 }}
(1) For the purposes of avoiding duplication, the cabinet shall coordinate the review and issuance of permits for
surface coal mining and reclamation operations with:
     (a) Any other federal or Kentucky permit process applicable to the proposed operations, as required by
Section 503 of SMCRA; and
     (b) Applicable requirements of the Endangered Species Act of 1973, as amended (16 USC 1531 et seq.);
the Fish and Wildlife Coordination Act of 1934, as amended (16 USC 661 et seq.); the Migratory Bird Treaty Act of
1918, as amended (16 USC 703 et seq.); the National Historic Preservation Act of 1966, as amended (16 USC 470 et
seq.); and the Bald Eagle Protection Act of 1940, as amended (16 USC 668a), as required by 30 CFR 773.12.

(2) This coordination shall be accomplished by providing the appropriate agencies with an opportunity to comment
on permit applications as set forth in Section 8(6) and (7) of this administrative regulation and, if necessary, by any
other measures the cabinet may deem appropriate.

SECTION 4. PRELIMINARY REQUIREMENTS. 
A person desiring a permit shall submit to the cabinet a preliminary application of the form and content prescribed
by the cabinet. The preliminary application shall contain pertinent information, including a map at a scale of one (1)
inch equals 400 or 500 feet, marked to show the proposed permit area and adjacent areas; and the areas of land to be
affected, including, but not limited to, locations of the coal seam or seams to be mined, access roads, haul roads,
spoil or coal waste disposal areas, and sedimentation ponds. Areas so delineated on the map shall be physically
marked at the site in a manner prescribed by the cabinet. Personnel of the cabinet shall conduct, within fifteen (15)
working days after the filing of the preliminary application, an on-site investigation of the area with the person or his
or her representatives and representatives of appropriate local, state or federal agencies, after which the person may
submit a permit application.

SECTION 5. GENERAL FORMAT AND CONTENT OF APPLICATIONS.  
{{ 30 CFR 777.11, 777.13, 777.14 }}
(1)(a) Applications for permits to conduct surface coal mining and reclamation operations shall be filed in the
number, form and content required by the cabinet, including a copy to be filed for public inspection under Section
8(8) of this administrative regulation.
     (b) The application shall be on forms provided by the cabinet, and originals and copies of the application
shall be prepared, assembled and submitted in the number, form and manner prescribed by the cabinet with
attachments, plans, maps, certifications, drawings, calculations or other documentation or relevant information as the
cabinet may require.
     (c) The following forms, which are required to be submitted by applicants, are hereby incorporated by
reference:
          1. Preliminary Application, MPA-00, 11/91;
          2. Permittee Information for a Mining Permit, MPA-01, 11/91;
          3. Operator Information for a Mining Permit, MPA-02, 11/91;
          4. Technical Information for a Mining Permit, MPA-03, 11/91;
          5. Surface Owner's Affidavit: Lands Historically Used for Cropland, MPA-03-20.1.B, 11/91;
          6. Disinterested Third Party Affidavit: Lands Historically Used for Cropland, MPA-03-20.1.C,
11/91;    
          7. Application to Revise a Mining Plan, MPA-04, 11/91;
          8. Update of Permittee or Operator Information, MPA-05, 11/91;
          9. Change of Corporate Owners, Officers or Directors, MPA-06, 11/91;
          10. Application to Transfer a Mining Permit, MPA-07, 11/91;
          11. Revision Application to Change Operator, MPA-08, 11/91;
          12. Application for Renewal of a Mining Permit, MPA-09, 11/91;
          13. Application for a Coal Marketing Deferment, MPA-10, 11/91; and
          14. Minor Field Revision Application Form, SME 80, revised 9/91.
     (d) These forms may be reviewed or obtained at the Department for Surface Mining Reclamation and
Enforcement, #2 Hudson Hollow, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
     (e) The application shall be complete with respect to all information required by 405 KAR and include, at a
minimum: for surface mining activities, all the applicable information required under 405 KAR 8:030; for
underground mining activities, all the information required under 405 KAR 8:040; and, for special types of surface
coal mining and reclamation operations, all the information required under 405 KAR 8:050. No application shall be
determined to be administratively complete unless all design plans for the permit area are in detailed form.

(2) Information set forth in the application shall be current, presented clearly and concisely, and supported by
appropriate references to technical and other written material available to the cabinet.

(3) The collection and analysis of all technical data submitted in the application shall be planned by or conducted
under the direction of a professional qualified in the subject to be analyzed and shall be accompanied by:
     (a) Names of persons or organizations which collected and analyzed the data;
     (b) Dates of the collection and analyses; and
     (c) Descriptions of methodology used to collect and analyze the data.

(4) The application shall state the name, address and position of officials of each private or academic research
organization or governmental agency who provided information which has been made a part of the application
regarding land uses, soils, geology, vegetation, fish and wildlife, water quantity and quality, air quality, and
archaeological, cultural, and historic features.

(5)(a) The applicant shall designate in the permit application either himself or some other person who will serve as
agent for service of notices and orders. The designation shall identify the person by full name and complete mailing
address, and if a natural person, the person's Social Security number. The person shall continue as agent for service
of process until a written revision of the permit has been made to designate another person as agent.
     (b) The applicant may designate persons authorized by the applicant to submit modifications to the
application to the cabinet. If the designation has not been made in the application, or in separate correspondence, the
cabinet shall accept modifications only from the applicant.

(6) General requirements for maps and plans.
     (a) If any of the information marked on the preliminary map required under Section 4 of this administrative
regulation has changed, the application shall contain an updated USGS seven and one-half (7 1/2) minute
topographic map marked as required in Section 4 of this administrative regulation.
     (b) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and
shall include the types of information set forth on topographic maps of the U.S. Geological Survey of the 1:24,000
scale series. Maps of the permit area and adjacent areas shall be at a scale of 400 or 500 feet to the inch, inclusive;
and the scale shall be clearly shown on the map. However, if the cabinet determines that a map scale larger than 400
feet to the inch is required to adequately show mine site details, a map of larger scale shall be provided by the
applicant. The map required by 405 KAR 8:030, Section 23(1)(a) or 405 KAR 8:040, Section 23(1)(a), regarding
additional areas on which permits will be sought, shall be a USGS seven and one-half (7 1/2) minute (1:24,000)
topographic map.
     (c) If a map or drawing is required to be certified by a qualified registered professional engineer, the map or
drawing shall bear the seal and signature of the engineer as required by KRS Chapter 322, and shall be certified in
accordance with 405 KAR 7:040, Section 10.
     (d) All engineering design plans submitted with applications shall be prepared by or under the direction of a
qualified registered professional engineer and shall bear the engineer's seal, signature, and certification as required
by KRS Chapter 322 and 405 KAR 7:040, Section 10.
     (e) Maps and plans submitted with the application shall clearly identify all previously mined areas as
defined at 405 KAR 16:190, Section 7(2)(c) or 405 KAR 18:190, Section 5(2)(c).

(7) Referenced materials. If used in the application, referenced materials shall either be provided to the cabinet by
the applicant or be readily available to the cabinet. If provided, relevant portions of referenced published materials
shall be presented briefly and concisely in the application by photocopying or abstracting and with explicit citations.

SECTION 6. APPLICATION AND ACREAGE FEES.                {{ 30 CFR 777.17 }}
(1) Each application for a surface coal mining and reclamation permit shall be accompanied by a fee determined by
the cabinet. The fee may be less than, but shall not exceed the actual or anticipated cost of reviewing, administering
and enforcing the permit.

(2) The applicant shall submit an application fee of $375 for each application, plus an additional seventy-five (75)
for each acre or fraction thereof of the area of land to be affected by the operation. If the cabinet approves an
incremental bonding plan submitted by the applicant, the acreage fees may be paid individually as the bond for each
increment is submitted. However, no acreage fees shall be required for surface areas overlying underground or auger
workings which will not be affected by surface operations and facilities.

(3) The fee shall accompany the application in the form of a cashier's check or money order payable to the Kentucky
State Treasurer. No permit application shall be processed unless the application fee has been paid.

SECTION 7. VERIFICATION OF APPLICATION.                 {{ 30 CFR 777.11}}
Applications for permits; revisions; amendments; renewals; or transfers, sales, or assignments of permit rights shall
be verified under oath, before a notary public, by the applicant or his authorized representative, that the information
contained in the application is true and correct to the best of the official's information and belief.

SECTION 8. PUBLIC NOTICE OF FILING OF PERMIT APPLICATIONS. {{ 30 CFR 773.6 }}
(1) An applicant for a permit, major revision, amendment, or renewal of a permit shall place an advertisement in the
newspaper of largest bona fide circulation, according to the definition in KRS 424.110 to 424.120, in the county
where the proposed surface coal mining and reclamation operations are to be located.

(2)(a) The first advertisement shall be published on or after the date the application is submitted to the cabinet. The
applicant may elect to begin publication on or after the date the applicant receives the notification from the cabinet
under Section 13(2) of this administrative regulation that the application has been deemed administratively complete
and ready for technical review. The advertisement shall be published at least once each week for four (4) consecutive
weeks, with the final consecutive weekly advertisement being published after the applicant's receipt of written notice
from the cabinet that the application has been deemed administratively complete and ready for technical review.
     (b) The final consecutive weekly advertisement shall clearly state that it is the final advertisement, and that
written objections to the application may be submitted to the cabinet until thirty (30) days after the date of the final
advertisement.

(3) Within fifteen (15) days of the final date of publication of the advertisement, the applicant shall submit to the
cabinet proof of publication of the required final four (4) consecutive weekly notices, satisfactory to the cabinet,
which may consist of an affidavit from the publishing newspaper certifying the dates, place and content of the
advertisements.

(4) The advertisement shall be entitled "Notice of Intention to Mine" and shall be of a form specified by the cabinet.

(5) The advertisement shall contain, at a minimum, the following information:
     (a) The name and business address of the applicant; and
     (b) A map or description which shall:
          1. Clearly show or describe towns, rivers, streams, and other bodies of water, local landmarks, and
any other information, including routes, streets, or roads and accurate distance measurements, necessary to allow
local residents to readily identify the proposed permit area;
          2. Clearly show or describe the exact location and boundaries of the proposed permit area;
          3. State the name of the U.S. Geological Survey seven and one-half (7 1/2) minute quadrangle
map(s) which contains the area shown or described; and
          4. If a map is used, show the north arrow and map scale.
     (c) The location where a copy of the application is available for public inspection under subsection (8) of
this section;
     (d) The name and address of the cabinet to which written comments, objections, or requests for permit
conferences on the application may be submitted under Sections 9, 10, and 11 of this administrative regulation;
     (e) If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to
relocate or close a public road; except when public notice and hearing have been previously provided for this
particular part of road in accordance with 405 KAR 24:040, Section 2(6); a concise statement describing the public
road, the particular part to be relocated or closed, and the approximate timing and duration of the relocation or
closing;
     (f) If the application includes a request for an experimental practice under 405 KAR 7:060, a statement
indicating that an experimental practice is requested and identifying the regulatory requirement for which a variance
is requested; and
     (g) The application number.

(6) Within five (5) working days after the application for a permit, major revision, amendment, or renewal of a
permit has been determined to be administratively complete, the cabinet shall issue written notification of:
     (a) The applicant's intention to conduct surface coal mining and reclamation operations on a particularly
described tract of land;
     (b) The application number;
     (c) Where a copy of the application may be inspected; and
     (d) Where comments on the application may be submitted under Section 9 of this administrative regulation.

(7) The written notifications required by subsection (6) of this section shall be sent to:
     (a) Local government agencies with jurisdiction over or an interest in the area of the proposed operations,
including, but not limited to, planning agencies and sewage and water treatment authorities and water companies,
either providing sewage or water services to users in the area of the proposed operations or having water sources or
collection, treatment, or distribution facilities located in these areas; and
     (b) All federal and Kentucky governmental agencies which have the authority to issue permits and licenses
applicable to the proposed surface coal mining and reclamation operation and which are a part of the permit
coordination process required by Section 3 of this administrative regulation; and
     (c) Those agencies with an interest in the particular proposed operation including, but not limited to:
          1. The USDA Soil Conservation Service State Conservationist;
          2. The local U.S. Army Corps of Engineers district engineer;
          3. The National Park Service;
          4. Kentucky and federal fish and wildlife agencies; and
          5. The state historic preservation officer.

(8) In accordance with Section 12 of this administrative regulation, the cabinet shall, upon receipt of the application,
make the application available for public inspection and copying during all normal working hours at the appropriate
regional office of the cabinet where the mining has been proposed, and shall provide reasonable assistance to the
public in the inspection and copying of the application.

SECTION 9. SUBMISSION OF COMMENTS OR OBJECTIONS BY PUBLIC AGENCIES. 
 {{ 30 CFR 773.6 }}
(1) Written comments or objections on applications for permits, major revisions, amendments, and renewals of
permits may be submitted to the cabinet by the public agencies to whom notification has been provided under
Section 8(6) and (7) of this administrative regulation with respect to the effects of the proposed mining operations on
the environment within their area of responsibility.

(2) These comments or objections shall be submitted to the cabinet in the manner prescribed by the cabinet, and shall
be submitted within thirty (30) calendar days after the date of the written notification by the cabinet pursuant to
Section 8(6) and (7) of this administrative regulation.

(3) The cabinet shall immediately file a copy of all comments or objections at the appropriate regional office of the
cabinet for public inspection under Section 8(8) of this administrative regulation. A copy shall also be transmitted to
the applicant.

SECTION 10. RIGHT TO FILE WRITTEN OBJECTIONS.           {{ 30 CFR 773.6 }}
(1) Any person whose interests are or may be adversely affected or an officer or head of any federal, state, or local
government agency or authority to be notified under Section 8 of this administrative regulation shall have the right to
file written objections to an application for a permit, major revision, amendment, or renewal of a permit with the
cabinet, within thirty (30) days after the last publication of the newspaper notice required by Section 8(1) of this
administrative regulation.

(2) The cabinet shall, immediately upon receipt of any written objections:
     (a) Transmit a copy of the objections to the applicant; and
     (b) File a copy at the appropriate regional office of the cabinet for public inspection under Section 8(8) of
this administrative regulation.

SECTION 11. PERMIT CONFERENCES.                    {{ 30 CFR 773.6 }}
(1) Procedure for requests. Any person whose interests are or may be adversely affected by the decision on the
application, or the officer or head of any federal, state or local government agency or authority to be notified under
Section 8 of this administrative regulation may, in writing, request that the cabinet hold an informal conference on
any application for a permit, major revision, amendment, or renewal of a permit. The request shall:
     (a) Briefly summarize the issues to be raised by the requester at the conference;
     (b) State whether the requester desires to have the conference conducted in the locality of the proposed
mining operations; and
     (c) Be filed with the cabinet not later than thirty (30) days after the last publication of the newspaper
advertisement placed by the applicant under Section 8(1) of this administrative regulation.

(2) Except as provided in subsection (3) of this section, if a permit conference has been requested in accordance with
subsection (1) of this section, the cabinet shall hold a conference within twenty (20) working days after the last date
to request a conference under subsection (1)(c) of this section. The conference shall be conducted according to the
following:
     (a) If requested under subsection (1)(b) of this section, the conference shall be held in the locality of the
proposed mining.
     (b) The date, time, and location of the conference shall be sent to the applicant and parties requesting the
conference and advertised once by the cabinet in the newspaper of largest bona fide circulation, according to the
definition in KRS 424.110 to 424.120, in the county where the proposed surface coal mining and reclamation
operations are to be located, at least two (2) weeks prior to the scheduled conference.
     (c) If requested, in writing, by a conference requester in a reasonable time prior to the conference, the
cabinet may arrange with the applicant to grant parties to the conference access to the permit area and, to the extent
that the applicant has the right to grant access, to the adjacent areas prior to the established date of the conference for
the purpose of gathering information relevant to the conference.
     (d) The requirements of 405 KAR 7:091 and 405 KAR 7:092 shall not apply to the conduct of the
conference. The conference shall be conducted by a representative of the cabinet, who may accept oral or written
statements and any other relevant information from any party to the conference. An electronic or stenographic record
shall be made of the conference proceedings, unless waived by all the parties. The record shall be maintained and
shall be accessible to the parties of the conference until final release of the applicant's performance bond or other
equivalent guarantee pursuant to 405 KAR Chapter 10.

(3) If all parties requesting the conference stipulate agreement before the requested conference and withdraw their
requests, the conference need not be held.

(4) Permit conferences held in accordance with this section may be used by the cabinet as the public hearing required
under 405 KAR 24:040, Section 2(6) on proposed relocation and closure of public roads.

SECTION 12. PUBLIC AVAILABILITY OF INFORMATION IN PERMIT APPLICATIONS ON FILE
WITH THE CABINET.                                 {{ 30 CFR 773.6 }}  
(1) General availability.
     (a) The cabinet shall make an application for a permit, revision, amendment, or renewal of a permit or an
application for transfer, assignment, or sale of permit rights available for the public to inspect and copy by placing a
full copy of the application at the regional office for the area in which mining shall occur. The application will be
made available by the cabinet for public inspection and copying, at reasonable times, in accordance with Kentucky
open records statutes, KRS 61.870 to 61.884. This copy need not include confidential information exempt from
disclosure under subsections (2) and (3) of this section.
     (b) The application required by paragraph (a) of this subsection shall be placed at the appropriate regional
office no later than the first date of newspaper advertisement of the application.
     (c) The applicant shall be responsible for placing all changes in the copy of the application retained at the
regional office when the changes are submitted to the Division of Permits.

(2) Information pertaining to coal seams, test borings, core samples, or soil samples in applications shall be made
available for inspection and copying to any person with an interest which is or may be adversely affected.

(3) Confidentiality. The cabinet shall provide for procedures to ensure the confidentiality of qualified confidential
information. Confidential information shall be clearly identified by the applicant and submitted separately from the
remainder of the application. If a dispute arises concerning the disclosure or nondisclosure of confidential
information, the cabinet shall provide notice and convene a hearing in accordance with 405 KAR 7:092, Section 9.
Confidential information shall be limited to the following:
     (a) Information that pertains only to the analysis of the chemical and physical properties of the coal to be
mined, except information on components of the coal which are potentially toxic in the environment;
     (b) Information on the nature and location of archaeological resources on public land and Indian land as
required under the Archaeological Resources Protection Act of 1979.

SECTION 13. DEPARTMENT REVIEW OF APPLICATIONS FOR PERMITS, REVISIONS,
AMENDMENTS, AND RENEWALS.                         {{ 30 CFR 773.7 }}
(1) General.
     (a) The cabinet shall review the application for a permit, revision, amendment, or renewal; written
comments and objections submitted; and records of any permit conference held on the application and make a
written decision, within the time frames listed in Section 16(1) of this administrative regulation, concerning approval
of, requiring modification of, or concerning rejection of the application.
     (b) An applicant for a permit, revision, or amendment shall have the burden of establishing that the
application is in compliance with all requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24.

(2)(a) Administrative completeness determination. Within ten (10) working days of initial receipt of the application
the cabinet shall provide written notification to the applicant as to the administrative completeness of the application.
If the application is determined to be incomplete, the cabinet shall notify the applicant within ten (10) working days
after initial receipt of the application by certified mail, return receipt requested, or by registered mail, of the
deficiencies which render the application incomplete. The applicant may submit supplemental information to correct
the identified deficiencies for a period of ten (10) working days after the applicant's receipt of the initial notice of
incompleteness. If, after ten (10) working days, the cabinet determines that the application is still incomplete, the
cabinet shall return the incomplete application to the applicant with written notification of the reasons for the
determination.
     (b) A determination by the cabinet that the application is administratively complete means that the
application contains the major elements required by KRS Chapter 350 and 405 KAR Chapters 7 through 24 which
are necessary to allow meaningful review of the application by the cabinet. An application shall not be deemed
administratively complete if one (1) or more major elements are found to be absent from the application, which, by
virtue of their absence, would require that the permit be denied. A determination that an application is
administratively complete shall not mean that the application is complete in every detail, nor shall it mean that any
aspect of the application is technically sufficient or approvable.

(3) Processing of the administratively complete application. Within the time periods set forth in Section 16 of this
administrative regulation, the cabinet shall either:
     (a) Notify the applicant of the cabinet's decision to issue or deny the application; or
     (b) Notify the applicant in writing, by certified mail, return receipt requested, or by registered mail,
promptly upon discovery of deficiencies in the application and allow the application to be temporarily withdrawn for
the purpose of correcting the deficiencies. Temporary withdrawal periods shall not be counted against the time
available to the cabinet for consideration of the application.

(4) Review of violations.
     (a) Based on available information concerning failure-to-abate cessation orders issued by OSM, Kentucky,
or any other state; unabated imminent harm cessation orders issued by OSM, Kentucky, or any other state;
delinquent civil penalties assessed pursuant to SMCRA, federal regulations enacted pursuant to SMCRA, KRS
Chapter 350 and administrative regulations adopted pursuant thereto, or any other state's laws or administrative
regulations under SMCRA; bond forfeitures by OSM, Kentucky, or any other state where violations upon which the
forfeitures were based have not been corrected; delinquent abandoned mine reclamation fees; and unabated
violations of federal, Kentucky, and any other state's laws, rules and administrative regulations pertaining to air or
water environmental protection incurred in connection with any surface coal mining operation, the cabinet shall not
issue the permit if any surface coal mining reclamation operation owned or controlled by either the applicant or by
any person who owns or controls the applicant is currently in violation of SMCRA, federal regulations enacted
pursuant to SMCRA, KRS Chapter 350 and administrative regulations adopted pursuant thereto, any other state's
laws or administrative regulations under SMCRA, or any other law, rule, or administrative regulation referred to in
this subsection. In the absence of a failure-to-abate cessation order, the cabinet may presume that a notice of
violation issued by OSM, Kentucky, or any other state pursuant to its laws and regulations under SMCRA has been
or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except when evidence to
the contrary is set forth in the permit application, or when the violation is for nonpayment of abandoned mine
reclamation fees or civil penalties. If a current violation exists, the cabinet shall require the applicant or person who
owns or controls the applicant, before issuance of the permit, to either:
          1. Submit to the cabinet proof that the current violation has been or is in the process of being
corrected to the satisfaction of the agency that has jurisdiction over the violation; or
          2. Establish for the cabinet that the applicant, or any person owned or controlled by either the
applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct
administrative or judicial appeal to contest the validity of the current violation. If the initial judicial review authority
affirms the violation, then the applicant shall within thirty (30) days of the judicial action submit proof required
under subparagraph 1 of this paragraph.
     (b) Any permit that is issued on the basis of proof submitted under paragraph (a)1 of this subsection that a
violation is in the process of being corrected, or pending the outcome of an appeal described in paragraph (a)2 of this
subsection, shall be conditionally issued.
     (c) If the cabinet makes a finding that the applicant, anyone who owns or controls the applicant, or the
operator specified in the application, controls or has controlled surface coal mining and reclamation operations with
a demonstrated pattern of willful violations of KRS Chapter 350 and administrative regulations adopted pursuant
thereto of such nature and duration, and with resulting irreparable damage to the environment as to indicate an intent
not to comply with those laws or administrative regulations, no permit shall be issued. Before such a finding
becomes final, the applicant or operator shall be afforded an opportunity for an adjudicatory hearing on the
determination as provided for in 405 KAR 7:092, Section 8.

(5) Final compliance review. After an application is approved, but before the permit is issued, the cabinet shall
reconsider its decision to approve the application, based on the compliance review required by subsection (4)(a) of
this section in light of any new information submitted under 405 KAR 8:030, Sections 2(11) and 3(4), or 405 KAR
8:040, Sections 2(11) and 3(4).

SECTION 14. CRITERIA FOR APPLICATION APPROVAL OR DENIAL.  {{ 30 CFR 773.15 }}
No application for a permit, revision (as applicable), or amendment of a permit shall be approved unless the
application affirmatively demonstrates and the cabinet finds, in writing, on the basis of information set forth in the
application or from information otherwise available, which has been documented in the approval, that:

(1) The permit application is complete and accurate and in compliance with all requirements of KRS Chapter 350
and 405 KAR Chapters 7 through 24.

(2) The applicant has demonstrated that surface coal mining and reclamation operations, as required by KRS Chapter
350 and 405 KAR Chapters 7 through 24 can be feasibly accomplished under the mining and reclamation plan
contained in the application.

(3) The assessment of the probable cumulative impacts of all anticipated coal mining in the cumulative impact area
on the hydrologic balance has been made by the cabinet and the operations proposed under the application have been
designed to prevent material damage to the hydrologic balance outside the proposed permit area.

(4) The proposed permit area is:
     (a) Not included within an area designated unsuitable for surface coal mining operations under 405 KAR
24:030;
     (b) Not within an area under study for designation as unsuitable for surface coal mining operations in an
administrative proceeding begun under 405 KAR 24:030, unless the applicant demonstrates that, before January 4,
1977, he or she made substantial legal and financial commitments in relation to the operation for which he or she is
applying for a permit;
     (c) Not on any lands subject to the prohibitions or limitations of 405 KAR 24:040, Section 2(1), (2) or (3);
     (d) Not within 100 feet of the outside right-of-way line of any public road, except as provided for in 405
KAR 24:040, Section 2(6); and
     (e) Not within 300 feet from any occupied dwelling, except as provided for in 405 KAR 24:040, Section
2(5).

(5)(a) The proposed operations will not adversely affect any publicly-owned parks or any places included on the
National Register of Historic Places, except as provided for in 405 KAR 24:040, Section 2(4); and
     (b) The cabinet has taken into account the effect of the proposed operations on properties listed and eligible
for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of
appropriate permit conditions or changes in the mining and reclamation plan to protect historic resources, or a
documented decision that the cabinet has determined that no additional protection measures are necessary.

(6) For operations involving the surface mining of coal where the private mineral estate to be mined has been
severed from the private surface estate, the applicant has submitted to the cabinet the documentation required under
405 KAR 8:030, Section 4(2) or 405 KAR 8:040, Section 4(2).

(7) With regard to current violations, the applicant has either:
     (a) Submitted the proof required by Section 13(4)(a) of this administrative regulation; or
     (b) Made the demonstration required by Section 13(4)(b) of this administrative regulation.

(8) The applicant has paid all reclamation fees from previous and existing operations as required by 30 CFR 870, or
has entered into a payment schedule approved by OSM. If the applicant has entered into a payment schedule
approved by OSM, a permit may be issued only if it includes a condition that the permittee comply with the
approved payment schedule.

(9) The applicant or the operator, if other than the applicant, does not control and has not controlled mining
operations with a demonstrated pattern of willful violations of SMCRA or KRS Chapter 350 of such a nature and
duration and with such resulting irreparable damage to the environment as to indicate an intent not to comply with
SMCRA or KRS Chapter 350.

(10) The applicant has demonstrated that any existing structure will comply with 405 KAR 8:030, Section 25 and
405 KAR 8:040, Section 25, and the applicable performance standards of KAR 405 KAR Chapters 16 and 18.

(11) The applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural
postmining land use.

(12) The applicant can reasonably be expected to submit the performance bond or other equivalent guarantee
required under 405 KAR Chapter 10 prior to the issuance of the permit.

(13) The applicant has, with respect to prime farmland obtained either a negative determination or satisfied the
requirements of 405 KAR 8:050, Section 3.

(14) The applicant has satisfied the applicable requirements of 405 KAR 8:050 regarding special categories of
mining.

(15) The cabinet has made all specific approvals required under 405 KAR Chapters 16 through 20.

(16) The cabinet has found that the activities would not affect the continued existence of endangered or threatened
species or result in the destruction or adverse modification of their critical habitats as determined under the
Endangered Species Act of 1973 (16 USC 1531 et seq.).

(17) The applicant has not forfeited any bond under KRS Chapter 350. When the applicant has forfeited a bond, the
permit may be issued if the land for which the bond was forfeited has been satisfactorily reclaimed without cost to
the state or the operator or person has paid a sum that the cabinet finds is adequate to reclaim the land.

(18) The applicant has not had a permit revoked, suspended or terminated under KRS Chapter 350. If the applicant
has had a permit revoked, suspended or terminated, another permit may be issued, or a suspended permit may be
reinstated, only if the applicant has complied with all of the requirements of KRS Chapter 350 or submitted proof
satisfactory to the cabinet that the violation has been corrected or is in the process of being corrected, in respect to all
permits issued to him or her.

(19) The operation will not constitute a hazard to or do physical damage to a dwelling house, public building, school,
church, cemetery, commercial or institutional building, public road, stream, lake, or other public property.

(20) The surface coal mining operation will not adversely affect a wild river established pursuant to KRS Chapter
146 or a state park unless adequate screening and other measures as approved by the cabinet have been incorporated
into the permit application and the surface coal mining operation has been jointly approved by all affected agencies
as set forth under 405 KAR 24:040.

(21) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements
of 405 KAR 16:190, Section 7 or 405 KAR 18:190, Section 5, the applicant has demonstrated, to the satisfaction of
the cabinet, that the site of the operation will be a previously mined area as defined in those sections.

SECTION 15. CRITERIA FOR APPLICATION APPROVAL OR DENIAL REGARDING EXISTING
STRUCTURES. 
No application for a permit, revision, or amendment which proposes to use an existing structure in connection with
or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant
demonstrates and the cabinet finds, in writing, on the basis of information set forth in the complete and accurate
application, that the provisions of 405 KAR 7:040, Section 4, have been met.

SECTION 16. APPLICATION APPROVAL OR DENIAL ACTIONS.  {{ 30 CFR 773.15, 773.19 }}
(1) The cabinet shall take action on applications within the following time periods as appropriate:
     (a)1. Except as provided for in paragraph (b) of this subsection, for a complete and accurate application
submitted under Section 2(2)(a), (b), (d), and (e) of this administrative regulation, a decision shall be made by the
cabinet to approve, require modification of, or deny the application within sixty-five (65) working days after the
notice of administrative completeness under Section 13(2) of this administrative regulation, except that periods of
temporary withdrawal under Section 13(3)(b) of this administrative regulation shall not be counted against the sixty-
five (65) working-day period available to the cabinet.
          2. Except as provided in paragraph (b) of this subsection, for a complete and accurate application
submitted under Section 2(2)(c) of this administrative regulation of a major revision as provided in Section 20 of this
administrative regulation, a decision shall be made by the cabinet to approve, require modification of, or deny the
application within forty-five (45) working days after the notice of administrative completeness under Section 13(2)
of this administrative regulation, except that periods of temporary withdrawal under Section 13(3)(b) of this
administrative regulation shall not be counted against the forty-five (45) working-day period available to the cabinet.
          3. For a complete and accurate application submitted under Section 2(2)(c) of this administrative
regulation for a minor revision as provided in Section 20 of this administrative regulation, a decision shall be made
by the cabinet to approve, require modification of, or deny the application within fifteen (15) working days after the
notice of administrative completeness under Section 13(2) of this administrative regulation, except that periods of
temporary withdrawal under Section 13(3)(b) of this administrative regulation shall not be counted against the fifteen
(15) working-day period available to the cabinet.
     (b) If the notice, hearing and conference procedures mandated by KRS Chapter 350 and 405 KAR prevent a
decision from being made within the time periods specified in paragraph (a) of this subsection, the cabinet shall have
additional time to issue its decision, but not to exceed twenty (20) days from the completion of the notice, hearing
and conference procedures.

(2) The cabinet shall issue written notification of the decision to approve, modify, or deny the application, in whole
or part, to the following persons and entities:
     (a) The applicant;
     (b) Each person who files comments or objections to the permit application;
     (c) Each party to an informal permit conference, if held;
     (d) The county judge-executive of the county, and the chief executive officer of any municipality, in which
the permit area lies. This notice shall be sent within ten (10) days after the issuance of the permit and shall include a
description of the location of the permit area; and
     (e) The field office director of the Office of Surface Mining Reclamation and Enforcement.

(3) If the application has been denied, the notification required in subsection (2) of this section, for the applicant, any
person filing objections to the permit and parties to an informal conference, shall include specific reasons for the
denial.

(4) If the cabinet decides to approve the application, it shall require that the applicant file the performance bond
before the permit is issued, in accordance with 405 KAR Chapter 10.

(5) The cabinet shall publish a summary of its decision in the newspaper of largest bona fide circulation, according
to the definition in KRS 424.110 to 424.120, in the county where the proposed surface coal mining and reclamation
operations are to be located.

SECTION 17. TERM OF PERMIT.                        {{ 30 CFR 778.17 }}
(1) Each permit shall be issued for a fixed term not to exceed five (5) years. A longer fixed permit term may be
granted at the discretion of the cabinet only if:
     (a) The application is complete and accurate for the specified longer term; and
     (b) The applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain
necessary financing for equipment and for the opening of the operation with the need confirmed, in writing, by the
applicant's proposed source for the financing.

(2)(a) A permit shall terminate, if the permittee has not begun the surface coal mining and reclamation operation
covered by the permit within three (3) years of the issuance of the permit.
     (b) The cabinet may grant reasonable extensions of the time for commencement of these operations, upon
receipt of a written statement showing that the extensions of time are necessary, if:
          1. Litigation precludes the commencement or threatens substantial economic loss to the permittee;
or
          2. There are conditions beyond the control and without the fault or negligence of the permittee.
     (c) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating
facility the permittee shall be deemed to have commenced surface mining operations when construction of the
synthetic fuel or generating facility is initiated.
     (d) Extensions of time granted by the cabinet under this subsection shall be specifically set forth in the
permit and notice of the extension shall be made to the public.

(3) Permits may be suspended, revoked, or modified by the cabinet, in accordance with Section 19 of this
administrative regulation; Section 3 of 405 KAR 7:060; Sections 4, 6, and 7 of 405 KAR 8:050; and 405 KAR
Chapter 12.

SECTION 18. CONDITIONS OF PERMITS.                      {{ 30 CFR 773.17 }}
Actions by an applicant, permittee, or operator to submit an application to the cabinet, to accept a permit issued by
the cabinet, or to begin operations pursuant to a permit issued by the cabinet, shall be deemed to constitute
knowledge and acceptance of the conditions set forth in this section, which shall be applicable to each permit issued
by the cabinet pursuant to this chapter whether or not the conditions have been set forth in the permit.

(1) General.
     (a) The permittee shall comply fully with all terms and conditions of the permit and all applicable
performance standards of KRS Chapter 350 and 405 KAR Chapters 7 through 24; and
     (b) Except to the extent that the cabinet otherwise directs in the permit that specific actions be taken, the
permittee shall conduct all surface coal mining and reclamation operations as described in the approved application;
and
     (c) The permittee shall conduct surface coal mining and reclamation operations only on those lands
specifically designated as the permit area on the maps submitted under 405 KAR 8:030 or 405 KAR 8:040 and
authorized for the term of the permit; and which are subject to the performance bond in effect pursuant to 405 KAR
Chapter 10.

(2) Right of entry.
     (a) Without advance notice, unreasonable delay, or a search warrant, and upon presentation of appropriate
credentials, the permittee shall allow authorized representatives of the Secretary of the Interior and the cabinet to:
          1. Have the rights of entry provided for in 405 KAR 12:010, Section 3; and
          2. Be accompanied by private persons for the purpose of conducting a federal inspection when the
inspection is in response to an alleged violation reported to the cabinet by the private person.
     (b) The permittee shall allow the authorized representatives of the cabinet to be accompanied by private
persons for the purpose of conducting an inspection pursuant to 405 KAR 12:030.

(3) Environment, public health, and safety.
     (a) The permittee shall take all possible steps to minimize any adverse impact to the environment or public
health and safety resulting from failure to comply with any term or condition of the permit, including, but not limited
to:
          1. Any accelerated or additional monitoring necessary to determine the nature and extent of failure
to comply and the results of the failure to comply;
          2. Immediate implementation of measures necessary to comply; and
          3. Warning, as soon as possible after learning of the failure to comply, any person whose health
and safety is in imminent danger due to the failure to comply.
     (b) The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of
treatment or control of waters or emissions to the air in the manner required by 405 KAR Chapters 16 through 20,
and which prevents violation of any other applicable Kentucky or federal law.
     (c) The permittee shall conduct its operations:
          1. In accordance with any measures specified in the permit as necessary to prevent significant,
imminent environmental harm to the health or safety of the public; and
          2. Utilizing any methods specified in the permit by the cabinet in approving alternative methods of
compliance with the performance standards of KRS Chapter 350 and 405 KAR Chapters 16 through 20, in
accordance with KRS Chapter 350 and 405 KAR Chapters 16 through 20.

(4) Reclamation fees. The permittee shall pay all reclamation fees required by 30 CFR 870 for coal produced under
the permit for sale, transfer, or use, in the manner required by that subchapter.

(5) Within thirty (30) days after a cessation order is issued by OSM for operations conducted under the permit or
after an order for cessation and immediate compliance is issued under 405 KAR 12:020, Section 3 for operations
conducted under the permit, except when a stay of the order is granted and remains in effect, the permittee shall
either submit to the cabinet the following information, current to the date the order was issued, or notify the cabinet
in writing that there has been no change since the immediately preceding submittal of the information:
     (a) Any new information needed to correct or update the information previously submitted to the cabinet by
the permittee under 405 KAR 8:030, Section 2(3) or 405 KAR 8:040, Section 2(3); or
     (b) If not previously submitted, the information required from a permit applicant by 405 KAR 8:030,
Section 2(3) or 405 KAR 8:040, Section 2(3).

SECTION 19. REVIEW OF PERMITS.                         {{ 30 CFR 774.11, 774.17 }}
(1)(a) The cabinet shall review each permit issued under this chapter during the term of the permit. This review shall
occur not later than the middle of the permit term and as required by 405 KAR 7:060 and 405 KAR 8:050, Sections
4, 6, and 7. Issued permits shall be reevaluated in accordance with the terms of the permit and the requirements of
KRS Chapter 350 and 405 KAR Chapters 7 through 24, including reevaluation of the bond.
     (b) For permits of longer than five (5) year terms, a review of the permit shall be no less frequent than the
permit midterm or every five (5) years, whichever is more frequent.

(2) After the review required by subsection (1) of this section, or at any time, the cabinet may, by order, require
revision or modification of the permit provisions to ensure compliance with KRS Chapter 350 and 405 KAR
Chapters 7 through 24.

(3) Copies of the decision of the cabinet shall be sent to the permittee.

(4) Any order of the cabinet requiring revision or modification of permits shall be based upon written findings and
shall be subject to the provisions for administrative and judicial review of 405 KAR 7:092, Section 8.

SECTION 20. PERMIT REVISIONS.                      {{ 30 CFR 774.13, 774.17, 777.17 }}
(1) General. A revision to a permit shall be obtained:
     (a) For changes in the surface coal mining and reclamation operations described in the existing application
and approved under the current permit;
     (b) If a revision is required by an order issued under Section 19 of this administrative regulation;
     (c) In order to continue operation after the cancellation or material reduction of the liability insurance
policy, performance bond, or other equivalent guarantee upon which the original permit was issued; or
     (d) As otherwise required under 405 KAR Chapters 7 through 24.

(2) Major revisions.
     (a) Except as provided in subsections (3)(f) and (6) of this section, a revision shall be deemed a major
revision if the cabinet determines that the proposed change is of such scope and nature that public notice is necessary
to allow participation in the cabinet's decision by persons who have an interest which may be adversely affected by
the proposed change. Major revisions shall include, but shall not be limited to:
          1. Changes in the postmining land use;
          2. Enlargement or relocation of impoundments so as to increase the safety hazard classification of
the impoundment;
          3. Variances to approximate original contour requirements;
          4. Construction or relocation of roads, where the construction or relocation could adversely affect
the interests of persons other than the surface owner;
          5. Changes which may adversely affect significant fish and wildlife habitats or endangered species;
          6. Proposed experimental practices;
          7. Changes which may cause major impacts on the hydrologic balance;
          8. Incidental boundary revisions that affect new watersheds; and
          9. Incidental boundary revisions that include diversions of perennial streams.
     (b) Major revisions shall be subject to all of the requirements of Sections 5; 7 through 12; 13(1), (2), (3);
14(1) through (6), (8), (10) through (16), (19) through (21); 15; 16; 18; and 24 of this administrative regulation; and
shall be submitted on forms prescribed by the cabinet. In addition to the requirements of Section 8(5) of this
administrative regulation, the advertisement shall contain a statement that the applicant proposes to revise the
existing permit and shall contain a description of the proposed change.

(3) Minor revisions.
     (a) All revisions which are not determined by the cabinet under subsection (2) of this section to be major
revisions, or which are not operator change revisions under subsection (6) of this section, shall be deemed minor
revisions. Minor revisions shall be subject to Sections 5; 7; 12; 13(1), (2), (3); 14(1) through (6), (10) through (16),
(19) through (21); 15; 16(1) through (4); 18; and 24 of this administrative regulation, except that minor field
revisions described in paragraph (d) of this subsection shall not be subject to the administrative completeness
determination of Section 13(2) of this administrative regulation, and the time frame for review in Section 16(1)(a)3
of this administrative regulation shall begin at the time of application submittal. Minor revisions shall be submitted
on forms prescribed by the cabinet.
     (b) If the cabinet determines that a proposed minor revision is actually a major revision during the
administrative completeness determination under Section 13 of this administrative regulation, the cabinet shall so
inform the applicant and return the application.
     (c) The cabinet shall notify, in writing, those persons, if any, that the cabinet determines could have an
interest that may be adversely affected by the proposed change. Those persons shall have the right to file written
objections to the revision within ten (10) days of the date of the notification.
     (d) The following minor revisions shall be deemed minor field revisions which may be reviewed and
processed in accordance with this section by the appropriate regional office of the department. However, if the
number of persons that potentially could have an interest that may be adversely affected by the proposed change is
large enough that public notice by newspaper advertisement rather than individual notice by letter from the cabinet is
necessary, the regional administrator shall determine that the proposed revision is a major revision and it shall not be
processed under this paragraph.
          1. Proposals for minor relocation of underground mine entries if:
               a. There are no structures or renewable resource lands (under paragraph (b) of the
definition of "renewable resource lands") overlying the area;
               b. There is no proposed change to the permit boundary; and
               c. The proposed new location is on the same face-up area and coal seam as originally
permitted, is within the same drainage area as the original location, is controlled by the same sedimentation pond,
and there will be no additional disturbed acreage within the drainage area of that sedimentation pond.
          2. Proposals for retention of concrete platforms and small buildings if:
               a. There is no proposed change to the previously approved postmining land use; and
               b. The application contains a notarized letter from the surface owner requesting retention
of the structure.
          3. Proposals to leave roads as permanent, except proposals involving roads to impoundments,
excess spoil fills, coal mine waste fills, or air shafts; roads within 100 feet of an intermittent or perennial stream; and
roads within areas designated unsuitable for mining under 405 KAR 24:040, Section 2, regardless of whether a
previous waiver or approval has been granted. The application shall contain a notarized letter from the surface owner
including a request to retain the road and a statement acknowledging that the surface owner understands that the
operator has no responsibility for maintenance of the road after the performance bond has been released pursuant to
405 KAR 10:040 for the area in which the road is located.
          4. Proposals to increase the diameter of culverts used as road crossdrains, not including culverts
used for stream crossings, if the proposed culvert is the same type of pipe as the previously approved culvert.
          5. Proposals to install additional culverts used as road crossdrains (not including culverts used for
stream crossings), if the diameter of the proposed additional culvert is equal to the diameter of the nearest
downstream crossdrain and if it is the same type of pipe as the nearest downstream crossdrain.
          6. Proposals for minor relocation of on-bench sediment control structures (dugouts only) in order
to locate the structures at low spots on the same bench on which they were initially proposed, if:
               a. The drainage area to the structure will remain the same as the original design;
               b. The proposed location will not cause short-circuiting of the structure; and
               c. There is no proposed change to the permit boundary.
          7. Proposals to retain diversions of overland flow (not including stream diversions) as permanent
facilities if:
               a. The application contains a notarized letter from the surface owner including a request
to retain the diversion and a statement accepting maintenance responsibilities for the diversions; and
               b. The diversions have previously been designed to the standards for permanent
diversions.
          8. Proposals for relocation of topsoil storage areas if:
               a. There is no proposed change to the permit boundary; and
               b. The proposed new location was previously permitted as a disturbed area within the
same drainage area as the original location, is controlled by the same sedimentation pond, and there will be no
additional disturbed acreage within the drainage area of that sedimentation pond.
          9. Proposals to substitute plant species if:
               a. The proposed species is of the same vegetative type (grass, legume, tree, or shrub) as
the original species;    
               b. The proposed species will serve the equivalent function of the original species with
respect to the previously approved: revegetation plan, postmining land use plan, and the fish and wildlife protection
and enhancement plan; and
               c. The proposed species and its application or planting rate are compatible with the
remainder of the previously approved species mixture to be planted.
          10. Proposals to utilize hydroseeding for trees instead of planting trees or tree seedlings if:
               a. Hydroseeding is an appropriate method for the tree species being established; and
               b. No change in tree species is involved unless concurrently approved under subparagraph
9 of this paragraph.
          11. Proposals to change the type of mulch to be utilized on the permit area, including a revised rate
of application consistent with the different type of mulch proposed.
          12. Proposals to retain small depressions in the reclaimed area.
          13. Proposals required by the cabinet to increase frequency of air blast monitoring.
          14. Proposals required by the cabinet to increase frequency of air pollution monitoring.
          15. Proposals to employ more effective fugitive dust controls, and proposals required by the
cabinet to employ additional fugitive dust controls.
          16. Proposals to add a portable coal crusher if:
               a. The crusher and associated conveying equipment are a completely portable, trailer
mounted unit;
               b. The equipment will be utilized to crush coal only from the permit area on which it is
proposed to be located;
               c. The operation will not generate coal mine waste;
               d. There is no proposed change to the permit boundary; and
               e. The equipment will always be located in the mining pit or other location previously
permitted as a disturbed area controlled by a previously approved sedimentation pond and there will be no additional
disturbed acreage or delayed reclamation within the drainage area of any of the sedimentation ponds
          17. Proposals to change the time periods, or the types or patterns of warning or all-clear signals,
when explosives are to be detonated.
          18. Proposals to relocate an explosive storage area within the existing permit area in accordance
with 27 CFR 55.206, 55.218, 55.219, 55.220, and 30 CFR 77.1301(c).
          19. Approval for minor relocation of support facilities such as conveyors, hoppers, and coal
stockpiles if:
               a. There is no proposed change to the permit boundary; and
               b. The proposed new location was previously permitted as a disturbed area within the
same drainage area as the original location, is controlled by the same sedimentation pond, and there will be no
additional disturbed acreage within the drainage area of that sedimentation pond.
          20. Proposals for modifications of shared facilities if that modification has already been approved
in a revision for one of the permittees by the Division of Permits and no additional performance bond was required
for the initial revision.
          21. Proposals to add a hopper to a permitted area if:
               a. There is no proposed change to the permit boundary; and
               b. The proposed location was previously permitted as a disturbed area controlled by a
previously approved sedimentation pond and there will be no additional disturbed acreage or delayed reclamation
within the drainage area of that sedimentation pond.
          22. Proposals to change the brush disposal plan, not including any proposals to bury brush in the
backfill area on steep slopes or in excess spoil fills or coal mine waste fills.
          23. Proposals to change the basis of judging revegetation from reference areas to the technical
standards established in 405 KAR Chapters 7 through 24.
          24. Proposals for incidental boundary revisions for minor off-permit disturbances if:
               a. The total acreage of the minor off-permit disturbances is no more than one (1) acre
combined per proposal;
               b. The cumulative acreage limitation in subsection (5) of this section is not exceeded;
               c. The area to be permitted does not include any wetlands, prime farmlands, stream buffer
zones, federal lands, habitats of unusually high value for fish and wildlife, areas that may contain threatened or
endangered species, or areas designated unsuitable for mining under 405 KAR Chapter 24;
               d. The off-permit disturbance was not a coal extraction area nor shall any future coal
extraction occur on the area;
               e. There are no structures such as excess spoil disposal fills, coal mine waste disposal fills
or impoundments, or water impoundments involved;
               f. The surface owner of the area to be permitted is a surface owner of disturbed area under
the existing permit; and
               g. An additional performance bond in the amount of $5000 has been filed by the
permittee.
               h. If deemed necessary for any reason, the regional administrator may decline to review
and process any proposal to permit an off-permit disturbance as a minor field revision and instead require that an
application be submitted to the Division of Permits.
          25. Except as provided below, proposals to remove sedimentation ponds previously approved as
permanent impoundments if the application contains a notarized letter from the surface owner requesting the
elimination of the impoundment, the application contains an acceptable plan for removal, and the criteria for
sedimentation pond removal have been met. However, proposals to remove sedimentation ponds shall not be
processed as minor field revisions if:
               a. The structure has a hazard classification of B or C;
               b. The impoundment is a developed water resource land use;
               c. The removal or activities associated with the removal of the structure may adversely
affect significant fish and wildlife habitats or threatened or endangered species;
               d. The impoundment may be a necessary element in the achievement of the previously
approved postmining land use (such as a stock pond for pastureland where no other nearby source of water is
available to the livestock); or
               e. The impoundment was originally planned to be left for the purpose, in whole or in part,
of enhancing fish and wildlife and related environmental values.
          26. Proposals to approve exemptions from the requirement to pass drainage through sedimentation
ponds for disturbed areas that, due to unexpected field conditions, will not drain to an approved sedimentation pond
if:
               a. There has not been any acid drainage or drainage containing concentrations of total
iron or manganese from this or nearby areas of the mine that could result in water quality violations if untreated and
none is expected based on overburden analysis;
               b. The application contains a justification that it is not feasible to control the drainage by
a sedimentation pond;
               c. The disturbed area is one (1) acre or less;
               d. The application contains a plan to immediately implement alternate sedimentation
control measures including, at a minimum, mulching, silt fences, straw bale dikes and establishment of a quick
growing temporary vegetative cover;
               e. The application contains sufficient plan views and cross sections certified by a
registered professional engineer to clearly illustrate the feasibility of the proposal and the location of the alternate
control methods (minimum scale one (1) inch equals 100 feet); and
               f. The application contains a MRP map certified by a registered professional engineer
showing the location of the disturbed area and the drainage area clearly.
     (e) Proposed minor revisions which only seek to change the engineering design of impoundments and
diversions of overland flow where no change in permit boundary is involved shall not be subject to the
administrative completeness determination of Section 13(2) of this administrative regulation; however, the
application shall be processed in, and written notice that the application has been determined to be subject to this
paragraph and is being forwarded for technical review shall be provided to the applicant within ten (10) working
days. The time frame for review in Section 16(1)(a)3 of this administrative regulation shall begin at the time of this
notice.
     (f) Incidental boundary revisions shall be deemed minor revisions if they:
          1. Do not exceed ten (10) percent of the relevant surface or underground acreage in the original or
amended permit area;
          2. Are contiguous to the current permit area;
          3. Are within the same watershed as the current permit area;
          4. Are required for an orderly continuation of the mining operation;
          5. Involve mining of the same coal seam or seams as in the current permit;
          6. Involve only lands for which the hydrologic and geologic data and the probable hydrologic
consequences determination in the current permit are applicable;
          7. Do not involve properties on which mining is prohibited under KRS 350.085 and 405 KAR
24:040, unless appropriate waivers have been obtained, or which have been designated as unsuitable for mining
under 405 KAR 24:030, or any properties eligible for listing on the National Register of Historic Places;
          8. Do not involve any of the categories of mining in 405 KAR 7:060 and 405 KAR 8:050 unless
the current permit already includes the relevant category;
          9. Do not constitute a change in the current method of mining; and
          10. Will be reclaimed in conformity with the current reclamation plan.

(4) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by
application for a new or amended permit and shall not be approved under this section.

(5) Size limitations for incidental boundary revisions.
     (a) For surface mining activities, an incidental boundary revision shall not exceed ten (10) percent of the
acreage in the original or amended permit area, and shall not exceed twenty (20) acres.
     (b) For underground mining activities and auger mining, incidental boundary revisions for surface
operations and incidental boundary revisions for underground workings shall be determined separately.
          1. For surface operations, an incidental boundary revision shall not exceed the greater of two (2)
acres or ten (10) percent of the acreage of surface operations in the original or amended permit area, and shall not
exceed twenty (20) acres.
          2. For underground workings, an incidental boundary revision shall not exceed ten (10) percent of
the acreage of underground workings in the original or amended permit area, and shall not exceed twenty (20) acres.
     (c) Cumulative incidental acreage added by successive incidental boundary revisions shall not exceed the
limitations in this subsection. Acreage added by incidental boundary revisions prior to a permit amendment shall not
be counted toward cumulative incidental acreage after the amendment.

(6) Operator change revisions.
     (a) This subsection shall apply to all operator changes that do not constitute a transfer, assignment or sale of
permit rights.
     (b) A permittee proposing to change the operator approved in the permit shall submit a complete and
accurate application for approval of the change. The application shall be on forms provided by the cabinet.
     (c) The application shall include, but shall not be limited to, the information set forth in this paragraph:
          1. The permit number, the name and business address of the permittee, the telephone number of the
permittee, and the identifying number assigned to the permittee by the cabinet;
          2. The name, business address and telephone number of the operator approved in the permit, and
the identifying number, if any, assigned to the approved operator by the cabinet;
          3. For the proposed operator and persons related to the proposed operator through ownership or
control, the same information as required for applicants and persons related to applicants through ownership or
control by Sections 2(1) through (4) and (8) of 405 KAR 8:030 and 405 KAR 8:040, and Sections 2(11) through
(13) of those administrative regulations shall also apply; and
          4. For the proposed operator and persons related to the proposed operator through ownership or
control, the same information as required for applicants and persons related to applicants through ownership or
control by Sections 3(1) through (3) of 405 KAR 8:030 and 405 KAR 8:040, except information under Section 3(3)
pertaining to abated violations shall not be required, and Section 3(5) of those administrative regulations shall also
apply.
     (d) The application shall be verified under oath by the permittee and the proposed operator in the manner
required under Section 7 of this administrative regulation.
     (e) On or after the date the application has been submitted to the cabinet, the application shall be advertised
at least once in the newspaper of largest bona fide circulation, according to the definition in KRS 424.110 to
424.120, in the county where the proposed surface coal mining and reclamation operations are to be located. The
advertisement shall be entitled "Notice of Intention to Mine" and shall be of a form specified by the cabinet. The
advertisement shall include, at a minimum, the permit number, the geographic location of the permit area, the name
and business address of the permittee, a statement that the permittee proposes to change the operator approved in the
permit, the names and business addresses of the currently approved operator and the proposed operator, the cabinet
address to which written comments may be sent under paragraph (g) of this subsection and the time available for
submission of the comments. A copy of the advertisement and proof of publication acceptable to the cabinet shall be
filed with the cabinet and made a part of the application not later than fifteen (15) days after the date of publication.
     (f) A person whose interests are or may be adversely affected by the cabinet's decision on the proposed
operator change, including an officer of a federal, state, or local government agency, may submit written comments
on the application to the cabinet within fifteen (15) days after the date of publication of the advertisement.
     (g) The cabinet may approve the proposed operator change if it finds, in writing, that the proposed operator:
          1. Is eligible to act as an operator under the criteria in Section 13(4) of this administrative
regulation; and
          2. Meets any other requirements specified by the cabinet in order to ensure compliance with KRS
Chapter 350 or 405 KAR Chapters 7 through 24.
     (h) For a complete and accurate application, the cabinet shall notify in writing the permittee, the proposed
operator, and any commenters on the application, of its decision to approve or deny the application within fifteen
(15) working days after the close of the public comment period under paragraph (f) of this subsection, except that
periods of temporary withdrawal shall not be counted against the fifteen (15) working day period available to the
cabinet. If the notice, hearing, and conference procedures mandated by KRS Chapter 350 and 405 KAR prevent a
decision from being made within the time period specified in this paragraph, the cabinet shall have additional time to
issue its decision, but not to exceed twenty (20) days from the completion of the notice, hearing and conference
procedures.

(7) Fees. Applications for revisions shall include a basic fee of $375, except that minor field revisions and operator
change revisions shall have no basic fee. If the revision application proposes incidental boundary revisions which
would increase the acreage in the permit, an additional acreage fee of seventy-five (75) dollars per acre, or fraction
thereof, shall be included with the application, except that no acreage fee shall be required for surface areas
overlying underground workings which will not be affected by surface operations and facilities.

SECTION 21. PERMIT RENEWALS.                       {{ 30 CFR 774.15, 777.17 }}
(1) General requirements for renewal. Any valid, existing permit issued pursuant to this chapter shall carry with it the
right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the
permit.

(2) Contents of renewal applications. Applications for renewal of permits shall be submitted within the time
prescribed by Section 2(2)(b) of this administrative regulation. Renewal applications shall be in a form and with
content as required by the cabinet and in accordance with this section, and shall include at a minimum:
     (a) The name and address of the permittee, the term of the renewal requested and the permit number;
     (b) A copy of the proposed newspaper notice and proof of publication of same under Section 8 of this
administrative regulation;
     (c) Evidence that liability insurance under 405 KAR 10:030, Section 4, will be provided by the applicant for
the proposed period of renewal;
     (d) A renewal fee of $375;
     (e) Evidence that the performance bond will continue in effect for any renewal requested, as well as any
additional bond required by the cabinet pursuant to 405 KAR 10:020; and
     (f) Any additional revised or updated information which may be required by the cabinet.

(3) Applications for renewal shall be subject to the requirements of Sections 8 through 11, 13 and 16 of this
administrative regulation.

(4) An application for renewal shall not include any proposed revisions to the permit. Revisions shall be made by
separate application and shall be subject to the requirements of Section 20 of this administrative regulation.

(5) Term of renewal. Any permit renewal shall be for a term not to exceed the period of the original permit
established under Section 17 of this administrative regulation.

(6) Approval or denial of renewal applications.
     (a) The cabinet shall approve a complete and accurate application for permit renewal, unless it finds, in
writing, that:
          1. The terms and conditions of the existing permit are not being satisfactorily met;
          2. The present surface coal mining and reclamation operations are not in compliance with the
environmental protection standards under KRS Chapter 350 and 405 KAR Chapters 7 through 24;
          3. The requested renewal substantially jeopardizes the applicant's continuing responsibility to
comply with KRS Chapter 350 and 405 KAR Chapters 7 through 24 on existing permit areas;
          4. The applicant has not provided evidence that any performance bond required for the operations
will continue in effect for the proposed period of renewal, as well as any additional bond the cabinet might require
pursuant to 405 KAR Chapter 10;
          5. Any additional revised or updated information required by the cabinet has not been provided by
the applicant; or
          6. The applicant has not provided evidence of having liability insurance in accordance with 405
KAR 10:030, Section 4.
     (b) In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal.
     (c) The cabinet shall send copies of its decision to the applicant, any persons who filed objections or
comments to the renewal, to any persons who were parties to any informal conference held on the permit renewal and
to the field office director of the Office of Surface Mining Reclamation and Enforcement.
     (d) Any person having an interest which is or may be adversely affected by the decision of the cabinet shall
have the right to administrative and judicial review set forth in Section 24 of this administrative regulation.

SECTION 22. TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS.  
{{ 30 CFR 774.15, 774.17, 777.17 }}
(1)