RELATES TO:
KRS
350.093,
350.445,
350.450,
350.465
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 requires
the cabinet to promulgate administrative regulations pertaining to permits for
surface coal mining and reclamation operations, including certain special
categories of mining. This administrative regulation establishes permit
application requirements for special mining categories, including mining on
prime farmland, augering, in situ processes, off-site coal preparation plants,
mountaintop removal mining, and mining on steep slopes. This administrative
regulation establishes the only variance from the requirement to return to
approximate original contour in steep slopes. This administrative regulation
establishes the manner in which the contemporaneous reclamation requirements
can be met for combined surface and underground mining activities.
Section 1. In Situ Processing Activities.
(1) Applicability. This section applies to
any person who conducts or intends to conduct surface coal mining and
reclamation operations utilizing in situ processing activities.
(2) Application requirements. Any
application
for a
permit for operations covered by this section shall be made according to
all requirements of this chapter applicable to
underground mining activities.
In addition, the mining and reclamation operations plan for operation involving
in situ processing activities shall contain information establishing how those
operations will be conducted in compliance with the requirements of
405 KAR
20:080, including:
(a) Delineation of proposed holes and wells
and production zone for approval of the cabinet;
(b) Specifications of drill holes and casing
proposed to be used;
(c) A plan for
treatment, confinement, or disposal of all acid-forming, toxic-forming, or
radioactive gases, solids, or liquids constituting a fire, health, safety or
environmental hazard caused by the mining and recovery process; and
(d) Plans for monitoring surface and
groundwater and air quality, as required by the cabinet.
(3) Criteria for approval. A
permit shall not
be issued for operations covered by this section unless the cabinet first
finds, in writing, upon the basis of a complete
application made in accordance
with subsection (2) of this section, that the operation will be conducted in
compliance with all requirements of this chapter relating to
underground mining
activities, and
405 KAR 20:080
and 405 KAR Chapter 18.
Section
2. Augering.
(1) General.
(a) This section applies to any person who
conducts or intends to conduct surface coal mining and reclamation operations
utilizing augering operations.
(b)
Any
application for a
permit for operations covered by this section shall
contain, in the mining and reclamation plan, a description of the augering
methods to be used and the measures to be used to comply with
405 KAR
20:030.
(c) A
permit shall not be issued for any
operations covered by this section unless the cabinet finds, in writing, that
in addition to meeting all other applicable requirements of this chapter, the
operation will be conducted in compliance with
405 KAR
20:030.
(2) Augering on previously mined lands.
(a) In addition to other requirements of 405
KAR Chapter 8, each application for a permit to conduct auger mining on an area
mined prior to May 3, 1978, and not reclaimed to the standards of 405 KAR,
shall contain such information as the cabinet deems necessary to describe the
proposed affected area and method of operation and show that the proposed
method of operation will result in stable postmining conditions, and reduce or
eliminate adverse environmental conditions created by previous mining
activities.
(b) If the cabinet
determines that the affected area cannot be stabilized and reclaimed subsequent
to augering or that the operation will result in adverse impact to the proposed
permit area or adjacent area, the permit shall not be issued.
(c) The cabinet shall, consistent with all
applicable requirements of KRS Chapter 350 and 405 KAR Chapters 7 through 24,
issue a permit if the applicant demonstrates that the proposed surface coal
mining operations will provide for reduction or elimination of the highwall, or
reduction or abatement of adverse impacts resulting from past mining
activities, or stabilization or enhancement of the previously mined
area.
(d) The cabinet shall ensure
that all applicable performance standards can be met.
Section 3. Prime Farmlands.
(1) Applicability. This section applies to
any person who conducts or intends to conduct surface
coal mining and
reclamation operations on prime farmlands
historically used for cropland. This
section
does not apply to:
(a) Lands on which
surface coal mining and reclamation operations are conducted pursuant to any
permit issued prior to August 3, 1977.
(b) Lands on which surface coal mining and
reclamation operations are conducted pursuant to any renewal or revision of a
permit issued prior to August 3, 1977. For the purposes of this paragraph,
"renewal" of a permit shall mean a decision by the cabinet to extend the time
by which the permittee may complete mining within the boundaries of the
original permit; and "revision" of the permit shall mean a decision by the
cabinet to allow changes in the method of mining operations within the original
permit area, or the decision of the cabinet to allow incidental boundary
changes to the original permit.
(c)
Lands included in any existing surface
coal mining operation, for which a
permit was issued for all or any part thereof prior to August 3, 1977, if:
1.
a. The
lands are part of a single continuous surface coal mining operation begun under
a permit issued before August 3, 1977;
b. The permittee had a legal right to mine
the lands prior to August 3, 1977 through ownership, contract, or lease but not
including an option to buy, lease, or contract; and
c. The lands contain part of a continuous
recoverable coal seam that was being mined in a single continuous mining pit
(or multiple pits if the lands are proven to be a part of a single continuous
surface coal mining operation) begun under a permit issued prior to August 3,
1977;
2. A single
continuous surface coal mining operation is presumed to consist only of a
single continuous mining pit under a permit issued prior to August 3, 1977, but
may include noncontiguous parcels if the permittee can prove by clear and
convincing evidence that, prior to August 3, 1977, the noncontiguous parcels
were a part of a single permitted operation. For the purpose of this paragraph,
clear and convincing evidence includes, but is not limited to, contracts,
leases, deeds, or other properly executed legal documents (not including
options) that specifically treat physically separate parcels as one (1) surface
coal mining operation; and
3. For
the purposes of this paragraph a pit shall be deemed to be a single continuous
mining pit even if portions of the pit are crossed by a road, pipeline,
railroad or powerline or similar crossing; and
(d) The following facilities associated with
an underground mining activity, if the facilities affect a minimal amount of
land and if the facilities are actively used over extended periods of time:
1. Coal processing plants;
2. Support facilities; and
3. Roads.
(2) Application requirements. If land within
the proposed
permit area is identified as
prime farmland pursuant to
405 KAR
8:030, Section 21 or
405 KAR
8:040, Section 21, the
applicant shall submit a plan
for the mining and restoration of the land. Each plan shall contain, at a
minimum:
(a) A
soil survey of the
permit area
conducted by the SCS according to the standards of the National Cooperative
Soil Survey and in accordance with the procedures established in U.S.
Department of Agriculture Handbooks 436Soil Taxonomy (SCS) and 18Soil Survey
Manual (SCS) as incorporated by reference in
405 KAR
7:015. The SCS establishes the standards of the
National Cooperative
Soil Survey and maintains a National Soils Handbook that
establish procedures for conducting soil surveys.
1. The soil survey shall include a soils map,
a description of each soil mapping unit, and profile descriptions of each soil
using representative descriptions from the soil survey area as determined by
the SCS including soil-horizon depths, textures, pH values, and consistence for
each prime farmland soil unit within the permit area.
2. In addition to the representative soil
profile description provided by the SCS, the
applicant may submit site-specific
soil profile descriptions of the
permit area prime farmland soil mapping units.
These descriptions shall be prepared by persons meeting the qualification
requirements of the SCS
prime farmland specifications incorporated by reference
in
405 KAR 20:040.
These descriptions shall comply with NCSS standards and shall include the name,
address and qualifications of the soil scientist that prepared them. If the
on-site descriptions are not obtained and included in the
application, then the
representative soil profile descriptions provided by the SCS shall be deemed by
the cabinet as representative of the soils in the
permit area and the
soil-horizon depths and other data therein shall serve as a basis for
determining if reclaimed
prime farmland areas have been restored to proper
depth and meet other reconstruction standards of
405 KAR 20:040,
Section 4.
3.
a. Bulk density of the prime farmland soils
prior to mining shall be documented and included in the application.
b. These densities shall be obtained either
by testing samples from each soil mapping unit by ten (10) inch soil layers or
by using estimates provided for each soil series by the SCS.
4. The cabinet may require the
applicant to provide information on other physical and chemical soil properties
as needed to make a determination that the
applicant has the technological
capability to restore the
prime farmland within the
permit area to the soil
reconstruction standards of
405 KAR
20:040;
(b) A detailed plan for soil removal,
storage, and reconstruction that demonstrates that the
applicant has the
technological capability to comply with
405 KAR 20:040.
The plan shall include at a minimum:
1. The
proposed methods and types of equipment to be used for soil removal, storage,
and reconstruction, including equipment operation patterns, use of ripping and
chiseling, stockpile locations, and erosion control measures;
2. A description of measures to be taken to
avoid excessive compaction of soils;
3. A description of measures to be taken to
ensure that soil removal, handling, and reconstruction operations shall be
conducted within soil moisture ranges that will minimize compaction;
4. A description of any soil amendments to be
applied;
5. Maps, plans, and
cross-sections depicting the location and acreages of reconstructed prime
farmland soil mapping units, final grading configuration, drainage, and erosion
control measures; and
6. Available
agricultural school studies or other scientific data for areas with comparable
soils, climate, and management (including water management) that demonstrate
that the proposed method of reclamation, including the use of soil mixtures or
substitutes according to the requirements of
405 KAR 20:040, if
any, will achieve, within a reasonable time, levels of yield equivalent to, or
higher than, those of nonmined
prime farmland in the surrounding area. The
demonstration for soil substitutes or mixtures shall include analyses performed
by a qualified soil scientist and analyses of physical and chemical parameters
of the original soils and the substitute soil materials or soil mixtures as
required by the cabinet (which shall be conducted by a qualified
laboratory).
(c) A plan
for revegetation, crop production, and demonstration of restoration of soil
productivity in conformance with
405 KAR 20:040,
Section 5. The cabinet may allow detailed cropping plans, including items such
as identification of reference crops, locations of test plots, and yield
measurement methodologies, to be submitted after issuance of the
permit, as a
revision to the
permit, provided that the
permit is conditioned to require
submission of the detailed plan at least one (1) year prior to initiation of
crop production on the reclaimed area for the purpose of demonstration of
compliance with
405 KAR 20:040.
The initial revegetation plan shall be included in the
application before the
permit is issued. Permits issued prior to February 4, 1986 shall be revised to
comply with this paragraph at least one (1) year prior to initiation of crop
production on the reclaimed area for the purpose of demonstration of compliance
with
405 KAR
20:040.
(3) Cabinet consultation with the SCS.
(a) Before any permit is issued for areas
that include prime farmlands, the cabinet shall consult with the state
conservationist, SCS.
(b) The state
conservationist shall provide for the review of and comment on the proposed
method of soil reconstruction in the plan submitted pursuant to subsection (2)
of this section. If the state conservationist considers those methods to be
inadequate, he or she shall suggest revisions to the cabinet resulting in more
complete and adequate reconstruction.
(4) Criteria for approval. A
permit for the
mining and reclamation of
prime farmland may be granted by the cabinet, if it
first finds, in writing, upon the basis of a complete
application, that:
(a) The approved proposed postmining land use
of these prime farmlands will be cropland;
(b) The permit incorporates as specific
conditions the contents of the plan submitted pursuant to subsection (2) of
this section, after consideration of any revisions to that plan suggested by
the state conservationist pursuant to subsection (3) of this section;
(c) The applicant has the technological
capability to restore the prime farmland, within a reasonable time, to
equivalent or higher levels of yield as nonmined prime farmland in the
surrounding area under equivalent levels of management; and
(d) The proposed operations will be conducted
in compliance with the requirements of
405 KAR 20:040 and
other environmental protection performance and reclamation standards for mining
and reclamation of
prime farmland of 405 KAR Chapters 7 through 24.
Section 4. Mountaintop
Removal Mining.
(1) Applicability. This
section applies to any person who conducts or intends to conduct surface mining
activities by mountaintop removal mining.
(2) Mountaintop removal mining means
surface
mining activities, where the mining operation removes an entire
coal seam or
seams running through the upper fraction of a mountain, ridge, or hill, except
as established in
405 KAR
20:050, Section 1(6), by removing substantially all of
the overburden off the bench and creating a level plateau or a gently rolling
contour, with no highwalls remaining, and capable of supporting postmining land
uses in accordance with the requirements of this section.
(3) Criteria for approval. The cabinet may
issue a
permit for mountaintop removal mining, without regard to the
requirements of
405 KAR
16:190 to restore the lands
disturbed by such mining
to their approximate original contour, if it first finds, in writing, on the
basis of a complete
application, that:
(a)
The proposed postmining land use of the lands to be affected will be an
industrial, commercial, agricultural, residential, or public facility
(including recreational facilities) use;
(b) After consultation with the appropriate
land-use planning agencies, if any, the proposed land use is deemed by the
cabinet to constitute an equal or better economic or public use of the affected
land compared with the premining use;
(c) The
applicant has presented specific
plans for the proposed postmining
land use and appropriate assurances that the
use shall be:
1. Compatible with adjacent land
uses;
2. Obtainable according to
data regarding expected need and market;
3. Assured of investment in necessary public
facilities;
4. Supported by
commitments from public agencies where appropriate;
5. Practicable with respect to private
financial capability for completion of the proposed use;
6. Planned pursuant to a schedule attached to
the reclamation plan so as to integrate the mining operation and reclamation
with the postmining land use; and
7. Designed by a registered engineer in
conformance with professional standards established to assure the stability,
drainage, and configuration necessary for the intended use of the
site;
(d) The proposed
use shall be consistent with adjacent land uses and existing state and local
land use plans and programs;
(e)
The cabinet has provided, in writing, an opportunity of not more than sixty
(60) days to review and comment on proposed use to the governing body of
general purpose government in whose jurisdiction the land is located and any
state or federal agency that the cabinet, determines in accordance with
405 KAR
16:210 to have an interest in the proposed
use;
(f) The
applicant has
demonstrated that, in place of restoration of the land to be affected to the
approximate original contour under
405 KAR
16:190, the operation will be conducted in compliance
with the requirements of
405 KAR
20:050;
(g) The requirements of
405 KAR
20:050 are made a specific condition of the
permit;
(h) All other requirements
of KRS Chapter 350 and 405 KAR Chapters 7 through 24 are met by the proposed
operations; and
(i) The permit is
clearly identified as being for mountaintop removal mining.
(4) Periodic review.
(a) Any permits issued pursuant to this
section shall be reviewed by the cabinet to evaluate the progress and
development of mining activities to establish that the
permittee is proceeding
in accordance with the terms of the
permit:
1.
Within the sixth month preceding the third year from the date of its
issuance;
2. Before each permit
renewal; and
3. Not later than the
middle of each permit term.
(b) Any review required pursuant to paragraph
(a) of this subsection need not be held if the permittee has demonstrated and
the cabinet finds, in writing, within three (3) months before the scheduled
review, that all operations under the permit are proceeding and will continue
to be conducted in accordance with the terms of the permit and requirements of
KRS Chapter 350 and 405 KAR Chapters 7 through 24.
(5) Modifications of permit. The terms and
conditions of a permit for mountaintop removal mining may be modified at any
time by the cabinet, if it determines that more stringent measures are
necessary to insure that the operation involved is conducted in compliance with
the requirements of KRS Chapter 350 and 405 KAR Chapters 7 through
24.
Section 5. Steep
Slope Mining.
(1) This section applies to any
person who conducts or intends to conduct
steep slope surface
coal mining and
reclamation operations, except:
(a) A case in
which an applicant proposes to conduct surface coal mining and reclamation
operations on flat or gently rolling terrain, leaving a plain or predominantly
flat area, but on which an occasional steep slope is encountered as the mining
operation proceeds;
(b) A case in
which a person obtains a permit pursuant to the provisions of Section 4 of this
administrative regulation; or
(c)
To the extent that a person obtains a permit incorporating a variance pursuant
to Section 6 of this administrative regulation.
(2) Any
application for a
permit for surface
coal mining and reclamation operations covered by this section shall contain
sufficient information to establish that the operations will be conducted in
accordance with the requirements of
405 KAR 20:060,
Section 2.
(3) A
permit shall not
be issued for any operations covered by this section, unless the cabinet finds,
in writing, that in addition to meeting all other requirements of this chapter,
the operation will be conducted in accordance with the requirements of
405 KAR 20:060,
Section 2.
Section 6.
Variances from Approximate Original Contour Restoration Requirements for
Nonmountaintop Removal,
Steep Slope Mining.
(1) Pursuant to
405 KAR 20:060,
Section 3, the cabinet may issue a
permit for nonmountaintop removal,
steep
slope mining, which includes a variance from the requirements of
405 KAR
16:190,
405 KAR
18:190, and
405 KAR 20:060,
Section 2(3) to restore the
disturbed areas to their approximate original
contour. The
permit may contain a variance only if the cabinet finds, in
writing, that the
applicant has demonstrated, on the basis of a complete
application, that the requirements of
405 KAR 20:060,
Section 3 are met.
(2) If a
variance is granted pursuant to this section:
(a) A statement shall be listed on the
permit
making the requirements of
405 KAR 20:060,
Section 3 a specific condition; and
(b) The permit shall be specifically marked
as containing a variance from approximate original contour.
(3) Periodic review.
(a) Except as established in paragraph (b) of
this subsection, each permit incorporating a variance issued pursuant to this
section shall be reviewed by the cabinet at least every thirty (30) months
following the issuance of the permit to evaluate the progress and development
of the mining activities, to establish that the permittee is proceeding in
accordance with the terms of the variance.
(b) If the permittee demonstrates to the
cabinet that the operations involved have been and continue to be conducted in
compliance with the terms and conditions of the permit, and the requirements of
KRS Chapter 350 and 405 KAR Chapters 7 through 24, the review required in
paragraph (a) of this subsection need not be held.
(4) Modifications of permit. The terms and
conditions of a permit incorporating a variance pursuant to this section may be
modified at any time by the cabinet, if it determines that more stringent
measures are necessary to insure that the operations involved shall be
conducted in compliance with the requirements of KRS Chapter 350 and 405 KAR
Chapters 7 through 24.
Section
7. Variances for Delay in Contemporaneous Reclamation Requirement
in Combined Surface and Underground Mining Operations.
(1) Applicability.
(a) This section applies to any
permittee or
permittees who conduct or intend to conduct combined
surface mining activities
and
underground mining activities in which compliance with the time frames for
reclamation as established in
405 KAR
16:020, Section 2, is not practicable and a delay is
requested to allow
underground mining activities to be conducted before the
reclamation operations for the
surface mining activities can be
completed.
(b) This section
provides only for delay in reclamation of surface mining activities, if that
delay will allow underground mining activities to be conducted to ensure both
maximum practical recovery of coal resources and to avoid multiple future
disturbances of surface lands or waters.
(2) Application requirements. Any
applicant
who desires to obtain a variance pursuant to this section shall file with the
cabinet complete applications for both the
surface mining activities and
underground mining activities that are to be combined. The mining and
reclamation operation plans for these permits shall contain appropriate
narratives, maps, and plans that:
(a) Show why
the proposed underground mining activities are necessary or desirable to assure
maximum practical recovery of coal;
(b) Show how multiple future disturbances of
surface lands or waters will be avoided;
(c) Identify the specific surface areas for
which a variance is sought and the particular sections of KRS Chapter 350 and
405 KAR Chapters 7 through 24 from which a variance is being sought;
(d) Show how the activities will comply with
405 KAR
16:010, Section 3 and other applicable requirements of
405 KAR Chapters 7 through 24;
(e)
Show why the variance sought is necessary for the implementation of the
proposed underground mining activities;
(f) Provide an assessment of the adverse
environmental consequences and damages, if any, that will result if the
reclamation of surface mining activities is delayed; and
(g) Show how temporary off-site storage of
spoil will be conducted to comply with the requirements of KRS Chapter 350 and
405 KAR
18:190, Section 6.
(3) Criteria for approval. A
permit
incorporating a variance under this section may be issued by the cabinet if it
first finds, in writing, upon the basis of a complete
application filed in
accordance with this section that:
(a) The
applicant has presented, as part of the permit application, specific, feasible
plans for the proposed underground mining activities;
(b) The proposed underground mining
activities are necessary or desirable to assure maximum practical recovery of
the mineral resources and will avoid multiple future disturbances of surface
land or waters;
(c) The applicant,
pursuant to 405 KAR Chapters 7 through 24, has satisfactorily demonstrated that
the applications for the surface mining activities and underground mining
activities conform to the requirements of 405 KAR Chapters 7 through 24 and
that all other permits necessary for the underground mining activities have
been issued by the appropriate authority;
(d) The surface area of surface mining
activities proposed for the variance has been shown by the applicant to be
necessary for implementing the proposed underground mining
activities;
(e) Substantial adverse
environmental damage, either on-site or off-site, will not result from the
delay in completion of reclamation otherwise required by KRS Chapter 350 and
405 KAR
16:020;
(f) The operations will, insofar as a
variance is authorized, be conducted in compliance with the requirements of
405 KAR
16:010, Section 3 and other applicable requirements of
KAR Title 405;
(g) Temporary
off-site storage of
spoil will comply with the requirements of KRS Chapter 350
and
405 KAR
18:190, Section 6;
(h) Liability pursuant to the performance
bond required to be filed by the applicant with the cabinet pursuant to 405 KAR
Chapter 10 will be for the duration of the underground mining activities and
until all requirements of 405 KAR Chapter 10 have been complied with;
and
(i) The
permit for the
surface
mining activities contains specific conditions:
1. Specifying the particular surface areas
for which a variance is authorized; and
2. Providing a detailed schedule for
reclamation in lieu of requirements of the time frames established in
405 KAR
16:020, Section 2.
(4) Periodic review. A variance granted
pursuant to a permit issued in accordance with this section shall be reviewed
by the cabinet no later than three (3) years from the dates of issuance of the
permit and any permit renewals.
Section 8. Coal Processing Plants Not Located
Within the
Permit Area of a Specified Mine.
(1) Applicability. This section applies to
any person who operates or intends to operate a coal processing plant not
within a permit area of a specific mine, other than located at the site of
ultimate coal use.
(2) Permit
required. Any person who operates or intends to construct or operate such a
coal processing plant shall obtain a permit from the cabinet pursuant to 405
KAR Chapters 7 through 24.
(3)
Previously exempted operations. This subsection applies only to those
coal
processing plants subject to
405 KAR
20:070, Section 5.
(a) On or before February 1, 1986, a person
operating a
coal processing plant who intends to operate after August 1, 1986
shall file an initially complete (as established in
405 KAR
8:010, Section 13(1)(a))
permit application pursuant
to 405 KAR Chapters 7 through 24. A person shall not operate a
coal processing
plant after August 1, 1986 unless that operation is being conducted pursuant to
a
permit issued pursuant to 405 KAR Chapters 7 through 24, except that a person
may continue to operate a
coal processing plant after August 1, 1986 without a
permit if:
1. An initially complete
permit
application has been timely filed. "Timely filed" shall mean filed on or before
February 1, 1986, or if filed within that time but determined to be initially
incomplete, resubmitted within fifteen (15) calendar days of being served
notice by the cabinet that the
application is initially incomplete. Notice
shall be served in accordance with
400
KAR 1:110, Section 5.
2. The cabinet has yet to issue or deny the
permit; and
3. The person complies
with the performance standards of
405 KAR
20:070.
(b) The
applicant shall file a
performance
bond pursuant to 405 KAR Chapter 10 within sixty (60) calendar days of being
served notice of the decision by the cabinet to issue the
permit.
1. Notice shall be served in accordance with
400
KAR 1:110, Section 5.
2. If the performance bond is not filed
within that time the cabinet shall deny the permit application.
(c)
1. Any time limits for cabinet action
established in
405 KAR
8:010 shall not apply to
permit applications filed
pursuant to this subsection.
2. The
cabinet shall make every effort to timely review and issue or deny such permit
applications prior to August 1, 1986.
(4) Application.
(a) Any
application for a
permit for
operations covered by this section shall be in accordance with
405 KAR
8:030 and, as applicable, 405 KAR
8:050, and shall
contain in the mining and reclamation plan, specific plans, including
descriptions, maps and drawings of the construction, operation, maintenance,
reclamation, and removal of the
coal processing plants. The plan shall
demonstrate that those operations will be conducted in compliance with
405 KAR
20:070.
(b) For
permit applications for operations
subject to subsection (3) of this section, the requirements of
405 KAR
8:030, Section 21, and 405 KAR
8:050, Section 3, shall
not apply to lands
disturbed by the
coal processing plants prior to December 1,
1985.
(c) Permit applications for
operations subject to subsection (3) of this section, which were timely filed
in accordance with subsection (3)(a)1 of this section, need not contain the
information required under
405 KAR
8:030, Sections 12, 13, 14(3), and 15(4). An
applicant
failing to make a timely filing shall be required to submit this
information.
(5)
Criteria for approval. A
permit shall not be issued for any operation covered
by this section unless the cabinet finds, in writing, that, in addition to
meeting all other applicable requirements of this chapter, the operations will
be conducted in compliance with the requirements of
405 KAR
20:070.
Section 9. Underground Only Permits.
(1) Applicability. This section applies to
any person who conducts or intends to conduct an underground only operation,
which does not have a surface disturbance.
(2) Application requirements. Any application
for a permit for operations covered by this section shall be made according to
all requirements of 405 KAR Chapter 8 applicable to underground mining
activities.
(3) Criteria for
approval. A
permit shall be not be issued for an operation covered by this
section unless the cabinet first finds, in writing, upon the basis of a
complete
application made in accordance with subsection (2) of this section
that the operation will be conducted in compliance with all requirements of
this chapter relating to
underground mining activities, and
405 KAR
20:090 and
405 KAR
18:060,
405 KAR
18:070,
405 KAR
18:110, and
405 KAR
18:210.
(4) Bonding. A permit with an underground
only area in the commonwealth shall comply with the bonding requirements of 405
KAR Chapter 10.