The Noncoal, Explosives and Blasting Branch of the Division of Mine Reclamation and Enforcement (DMRE) regulates and enforces the surface mining reclamation laws and regulations for noncoal mining sites in the Commonwealth, 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 noncoal 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 cabinet hold an informal conference on any application for a permit. This allows for public input into the permitting process.
Please note, DMRE is reviewing the regulatory requirement for publication of Notices of Intention to Mine for noncoal mineral operation permit applications in an effort to promote better consistency with the publication, review and processing of original applications, and applications for amendments to noncoal 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 the regulation.
As required by 405 KAR 5:032, 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 the Branch Manager of the Noncoal, Explosives and Blasting Branch by email at Cameron Mullen.
As in surface coal mining, noncoal 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.