ENERGY AND ENVIRONMENT CABINET Leonard K. Peters - Secretary

DEPARTMENT OF NATURAL RESOURCES Carl Campbell - Commissioner

DIVISION OF MINE RECLAMATION AND ENFORCEMENT NON-COAL BRANCH Jim Dickinson-Director

Meet the Non-Coal Branch

Jim McKenzie-Branch Manager Assigned to the Frankfort Regional Office Phone Number ext. 508 Cell Phone Number –

Mark Tarter-Permit Reviewer Assigned to the Frankfort Regional Office Phone Number ext –

Lanny Howard-Inspector Assigned to the Prestonsburg Regional Office Area Total Acreage = Area Total Permits = 40 Cell Phone Number –

Lanny Howard Inspection Area Pike Floyd Breathitt Magoffin Johnson Martin Lawrence Carter Elliott Greenup Boyd Morgan Lewis Rowan Mason Bracken Fleming Robert- son Harrison Nicholas Bath Bourbon Fayette Clark Mont- gomery Powell Madison Jessa- mine Estill Jackson Lee Owsley Menifee Wolfe

Brian Willoughby-Inspector Assigned to the Madisonville Regional Office Area Total Acreage = Area Total Permits = 70 Cell Phone Number –

Brian Willoughby Inspection Area Graves Fulton Calloway Hickman Carlisle Marshall Ballard McCracken Trigg Crittenden Living- ston Caldwell Lyon Webster Henderson Union

Dale Hackney-Inspector Assigned to the London Regional Office Area Total Acreage = Area Total Permits = 36 Cell Phone Number –

Dale Hackney Inspection Area Hart Barren Allen Monroe Adair Metcalfe Green Cumberland Taylor Casey Russell Clinton Pulaski Wayne Lincoln Rockcastle Laurel McCreary Whitley Clay Knox Leslie Harlan Bell Knott Perry Letcher

George Hayden-Inspector Assigned to the Madisonville Regional Office Area Total Acreage = Area Total Permits = 51 Cell Phone Number –

George Hayden Inspection Area Christian Todd Logan Simpson Hopkins Muhlenberg McLean Daviess Ohio Butler Warren Hancock Breckenridge Grayson Edmonson Hardin Meade Larue

Barry Glass-Inspector Assigned to the Frankfort Regional Office Area Total Acreage = Area Total Permits = 34 Cell Phone Number –

Barry Glass Inspection Area Shelby Jefferson Bullitt Nelson Spencer Marion Washington Boyle Mercer Anderson Franklin Henry Oldham Garrard Wood- ford Scott Owen Trim- ble Carroll Grant Gallatin Pendleton Boone Ken- ton Camp- bell

Debbie Cardwell-Administrative Specialist Assigned to the Frankfort Regional Office Non-Coal Correspondence Processing Non-Coal Applications Maintains Non-Coal Records Open Records Requests Light Permit Reviewing Phone Number ext –

Non-Coal Inspection Areas Lanny Howard Brian Willoughby Dale Hackney George Hayden Barry Glass Fulton Hickman Carlisle Ballard Graves McCracken Calloway Marshall Living- ston Lyon Trigg Caldwell Crittenden Union Webster Henderson Daviess McLean Hopkins Christian Muhlenberg Todd Ohio Hancock Logan Butler Breckenridge Grayson Warren Edmonson Simpson Meade Hardin Larue Barren AllenMonroe Hart Metcalf Green Cumberland Adair TaylorCasey Russell Clinton Pulaski Wayne Lincoln McCreary Marion Washington Nelson Rockcastle Laurel Whitley Knox Garrard Boyle Mercer Clay Jackson Madison Bell Leslie Harlan Bullitt Jefferson Spencer Shelby Anderson Franklin Wood- ford Oldham Henry Trim- ble Owen Carroll Gallatin Grant Boone Ken- ton Camp- bell Pendleton Bracken Scott Harrison Bourbon Fayette Jessa- mine Mason Robert- son Nicholas Fleming Clark Lewis Bath Mont- gomery Powell Estill Rowan Carter Greenup Menifee Morgan Lee Owsley Wolfe Breathitt Elliott Magoffin Lawrence Boyd Johnson Floyd Martin Pike Knott Perry Letcher

Non-Coal Statistics Total Permit Acreage = 50, Total Number of Permits = 231 Surface = 202 Surface/Underground = 29

Permit Mineral Statistics Limestone = 130 Sand & Gravel = 53 Clay = 20 Sand = 7 Rock Asphalt = 2 Fluorspar = 1 Stone = 7 Gravel = 9 Shale = 2

Non-Coal Permit Distribution per Inspector

Non-Coal Acreage Distribution per Inspector

Common Complaints Blasting and Flyrock Blasting complaints are also forwarded to Explosives and Blasting (Raymond Hudson Branch Manager, ). Illegal Mining Bad Water Discharge Bad water discharge complaints are also forwarded to the Division of Water. (Larry Sowder, Air Quality (Dust) Air quality complaints are also forwarded to the Division of Air Quality Debris on Roadway

Managing Complaints Non-Coal Branch receives complaint Investigation of complaint is completed within 3 days (In most cases the next day) The inspector will discuss complaint issues with supervisory personnel at the mine site. Inspector will address complaint in appropriate manner. Complaintant will be notified of the results of the complaint investigation.

Common Non-Compliances Restricted access to permit Untimely reclamation Revegetation Off permit disturbance Pond violations Handling of materials Not saving topsoil

Water quality violations Blasting/Flyrock No permit sign Failure to follow approved method of operation Creating emergency conditions Illegal mining

Non-Compliance/Cessation Order Procedure Non-compliance issued Abated? No Yes Penalty Assessed? Cessation Order issued Shuts down operation until violation is corrected Paid? No further action Yes No Sent to Legal Could stop all permitted actions and/or revoke permit Possible bond forfeiture Abated? Penalty Assessed ? Paid? No further action Penalty Assessed? Paid? Violation must must be abated Sent to Legal Possible bond forfeiture No Yes No

Common Non-Compliances Restricted access to permit Untimely reclamation Revegetation Off permit disturbance Pond violations Handling of materials Not saving topsoil Water quality violations Blasting/Flyrock No permit sign Failure to follow approved method of operation Creating emergency conditions Illegal mining

Common Non-Compliances 2007 Untimely reclamation Creating emergency conditions Illegal mining No permit sign Revegetation Blasting/Flyrock Not saving topsoil

Common Non-Compliances 2008 Failure to follow approved method of operation Illegal mining Restricted access to permit Revegetation Handling of materials Water quality violations No permit sign Pond violations

Common Non-Compliances 2009 Pond violations Illegal mining Water quality violations Untimely reclamation Revegetation Blasting/Flyrock

Common Non-Compliances 2010 Untimely reclamation Water quality violations Illegal mining Off permit disturbance

Application Review Process To start the application process a preliminary map must be submitted to the Frankfort office or the appropriate inspector. A field walk will be scheduled and completed within 15 days with the inspector, company personnel and/or engineer.

The inspector will complete paper work for field walk and submit to the Frankfort office along with the preliminary map showing any corrections that are noted on the walk. The applicant will submit application to the Frankfort office. Application received at DMRE and date stamped

Application data entered into NCIS (Non-Coal Information System). Application review begins Application returned for corrections if any deficiencies are identified. Application is returned in accordance with Item 12 of the NCR-2 application form (company or engineer).

A KPDES permit application must be submitted and obtained from the Division of Water before permit issuance. Any other required permits from other agencies must be obtained from those agencies (US Corps of Engineers, Waste Management, etc.) Cannot mine until all permits are obtained

Requirements for Original Applications Four copies of application need to be submitted (one original, three copies). The application pages (NCR-2) in the original must be printed on yellow paper. The original copy must have original signatures. $ permit fee required. Please make checks payable to the Kentucky State Treasurer.

Application shall be advertised in local newspaper. There is a 15 day comment period to request a public permit conference. $ bond per acre or fraction of acre (if required). All copies of application must be bound in separate folders.

A cover letter explaining the reason for submission of application is required. Application must be submitted no less than 10 days or more than 30 days from the advertisement date.

Renewal application must be submitted 60 days prior to expiration of the permit to avoid possible cessation of operation. Three copies of application must be submitted (One original, two copies). The application pages (NCR-2) in the original must be printed on yellow paper. The original copy must have original signatures. Requirements for Renewal Applications

$125 permit fee required. Please make checks payable to the Kentucky State Treasurer. All copies of application must be bound in separate folders. Application must contain copies of all information previously approved such as road designs, pond designs, maps, etc. All information shall be updated. A cover letter explaining the reason for submission of application is required

Requirements for Amendment Applications Three copies of application must be submitted (One original, two copies). The application pages (NCR-2) in the original must be printed on yellow paper. The original copy must have original signatures.

$25 permit fee required for each year or fraction of year left on the permit. Please make checks payable to the Kentucky State Treasurer. $ bond per acre or fraction of acre (if required). All copies of application must be bound in separate folders.

Application must include all pages submitted with previously approved application plus any additional information required by amended area. A cover letter explaining the reason for submission of application is required

Requirements for Revision Applications Three copies of application must be submitted (One original, two copies). Only pages one, two and six of NCR- 2 need to be submitted along with any additional pages that may apply to the revision. The application pages (NCR-2) in the original must be printed on yellow paper.

The original copy must have original signatures. No permit fee is required. All copies of application must be bound in separate folders. A cover letter explaining the reason for submission of application is required

Requirements for Succession Applications Three copies of application must be submitted (One original, two copies). Only pages one, two and six of NCR- 2 need to be submitted. The application pages (NCR-2) in the original must be printed on yellow paper. The original copy must have original signatures.

$25 permit fee required for each year or fraction of year left on the permit. Please make checks payable to the Kentucky State Treasurer. All copies of application must be bound in separate folders.

A cover letter explaining the reason for submission of application is required Letter from current permittee authorizing the succession. Non-Coal Branch should be notified in writing 30 days prior to the transfer of ownership of permit.

Application for Surface Disturbance Mining Permit (NCR-2)

Signs and Markers Entrance sign shall be posted once a permit is issued. All signs shall be made of durable material. Signs shall be 2’ x 4’ with the top of sign no less than 6 feet above the ground.

Entrance sign (Mine ID sign) shall clearly identify name, address, telephone number and permit number of the permittee. Permit boundary shall be marked by durable signs or markers. All buffer zones shall be marked with buffer zone signs or markers. Topsoil stockpiles shall be identified with topsoil signs or markers.

Blasting signs shall be posted in accordance with 805 KAR Chapter 4. All signs shall remain in place until release of the permit.

Blasting Blasting shall be conducted in accordance with 805 KAR Chapter 4. Flyrock must not leave the permitted area. No blasting shall be conducted within 300 feet of an occupied dwelling. No mining shall be conducted within 100 feet of an occupied dwelling.

Protection of Surface Water Quantity and Quality 405 KAR 5:050 and Permanent and Temporary Impoundments 405 KAR 5:055 All drainage from the disturbed area shall pass through an approved sediment control structure. Prior to any disturbance in a particular drainage area the appropriate sediment control structure shall be constructed according to the approved design

All sediment control structures shall be designed according to criteria listed in 405 KAR 5:055

Topsoil Handling 405 KAR 5:062 Section 4 Topsoil will be stockpiled in locations designated on MRP map and seeded to protect it from wind and water erosion. Topsoil will be used to cover reclaimed areas as soon as final grading is completed.

All topsoil present shall be removed and segregated for redistribution. If less than 6 inches of topsoil is present then at least the upper 6 inches of soil will be removed and segregated for redistribution.

Handling of Materials 405 KAR 5:062 Backfilling and Grading Spoil-Removed overburden Waste-Washed or separated materials Spoil placed in pits shall be placed in a manner that is suitable for revegetation.

Spoil placed in the pit shall have at least a 2h:1v (fifty (50) percent) slope. All spoil shall be covered with topsoil after final grading. All spoil placed in the pit shall be designed by a professional engineer with appropriate cross sections submitted.

Handling of Materials 405 KAR 5:062 Disposal of Excess Spoil Excess spoil disposal areas shall be designed by a professional engineer in accordance with 405 KAR 5:062 Section 5. Topsoil shall be removed and stockpiled prior to disposal of excess spoil.

Woody materials or debris shall not be buried in the spoil area. The spoil disposal area shall be constructed in horizontal lifts of a thickness approved by the cabinet to ensure stability.

Revegetation 405 KAR 5:070 After topsoil has been applied to the regraded area seeding shall be done in accordance with the approved revegetation plan. One quick cover grass shall be applied. One permanent legume shall be applied. Two or more permanent grasses shall be applied.

Forestland shall have at least 300 trees per acre. Species of trees shall be applied according to 405 KAR 5:070 Section 3. Anytime seeding is done a planting report (NCR-18) shall be submitted to the inspector.

Reclamation Bond 405 KAR 5:082 A reclamation bond shall be required if the operation is temporary or if the applicant has not had a mineral operation with an acceptable compliance record. Reclamation bonds may be cash, C. D., Letter of Credit or Surety.

Bond Release Request for bond release form (NCR-12) shall be submitted. Vegetation shall have gone through at least two growing seasons.

If water impoundments and/or roads are to be left a letter of authorization from the land owner must be submitted. Impoundments shall be protected by a landscape barrier or a fence approved by the Department.

Criteria for Permit Release Vegetation needs at least a two year growing period. 90% vegetation needs to be achieved for release. Area needs to be free of gullies and washed out areas.

Reclamation Deferral Submit NCR-15 if permittee is going to be idle for an extended period of time. Reclamation must be current. Must have inspectors permission (in writing) to remove equipment pertinent to the mineral operation from permit prior to reclamation.

Assuming the inspector authorizes the removal of equipment from the permit site prior to final reclamation the permit must continue to remain in compliance with 405 KAR Chapter 5.

Limestone Surface Mine Reclamation

Limestone Surface Mine Reclamation

Limestone Surface Mine Reclamation

Limestone Surface Mine Reclamation

Limestone Surface Mine Reclamation

Limestone Deep Mine Reclamation

Limestone Deep Mine Reclamation

Limestone Deep Mine Reclamation

Limestone Deep Mine Reclamation

Limestone Deep Mine Reclamation

Limestone Deep Mine Reclamation

Limestone Deep Mine Reclamation

Clay Mine Reclamation

Sand & Gravel Mine Reclamation

Link to Kentucky Administrative Regulations KAR Title 405 Chapter 5 Link to Non-Coal Downloads Web Address Non-Coal Review Branch Website

Questions?