The Non-Coal Review Branch of the Division of Mine Reclamation and Enforcement (DMRE) regulates and enforces the surface mining reclamation laws and regulations for non-coal mining sites in the state, which include limestone and dolomite, sand, gravel, clay, fluorspar, tar sands or rock asphalt, shale, surface effects of dredging river sand and gravel, and other vein minerals.
Prospective applicants for new non-coal permits are required to publish a notice of their intention to apply for a permit at least once in a local newspaper. Any person whose interests are or may be adversely affected by the issuance of the permit may request that the Energy and Environment Cabinet hold an informal conference on any application for a permit. This gives citizens input into the permitting process.
Important update: DMRE has been reviewing the regulatory requirement for publication of Notices of Intention to Mine for non-coal mineral operations permit applications in an effort to promote better consistency in the publication, review and processing of original applications and applications for amendments to non-coal permits.
Since the term, “new permit” as used in 405 KAR 5:032, Section 21 may be applicable to both original and amendment applications, this notice clarifies that, effective immediately, all original and amendment applications must be advertised in accordance with the requirements of that regulation.
As specified in 405 KAR 5:032 Section 21, a newspaper advertisement must be published at least once in the newspaper with the largest bona fide circulation in the county where the proposed mining site is located. If the proposed mining site is in more than one county, publication shall be made by advertisement in the newspaper of largest bona fide circulation for each county.
For questions concerning this matter, contact branch manager Martin Brashear at 606-260-5875 or Martin.Brashear@ky.gov
As in surface coal mining, non-coal surface mining sites must obtain permits and comply with the environmental laws and regulations. These regulations include measures to control off-site impacts of mining plans for surface water quantity and quality protection, spoil handling, toxic material handling plans, backfilling and grading, topsoil handling and revegetation.