Kentucky Revised Statutes Title XXVIII. Mines and Minerals § 350.070. Permit revisions

(1)  Any extensions of the area covered by the permit, except incidental boundary revisions, shall be made by application for another permit or an amendment to the permit.

(2)  For an amendment, the permittee shall file an application, map, and revised reclamation plan in the same form and with the same content as required for an original application under this chapter.  He or she shall pay a basic fee set by regulation and bearing a reasonable relationship to the cost of processing the permit application, not to exceed one thousand seven hundred fifty dollars ($1,750), plus a fee set by regulation, not to exceed seventy-five dollars ($75), for each acre or fraction of an acre for the increase requested.  He or she shall file with the cabinet a supplemental bond in the amount to be determined under the provisions of KRS 350.060(11) for each acre or fraction of an acre of the increase approved.  This application shall be subject to all of the same requirements as an original application, including, but not limited to, the same public notice, review, and issuance or denial provisions.

(3)  If the cabinet approves a reduction in the acreage covered by the permit, it shall release the bond for each acre reduced, but the bond shall not be reduced below ten thousand dollars ($10,000).  If the cabinet approves a reduction in acreage, it shall transfer the acreage fee for each acre reduced to acreage fees for subsequent permit applications by the permittee.

(4)  The cabinet shall promulgate regulations specifying the permit application information requirements and procedures, including notice and hearing, which shall apply depending on the scale or extent of a permit revision.  Any revision which proposes significant alterations in the reclamation plan shall be subject to the notice and hearing requirements as set forth in the regulations of the cabinet.  The applicant for a revision shall pay a basic fee set by regulation, not to exceed seven hundred fifty dollars ($750) for a minor revision and one thousand seven hundred fifty dollars ($1,750) for a major revision, plus a fee set by regulation not to exceed seventy-five dollars ($75), for each acre or fraction of an acre included in an incidental boundary revision.

(5)  Incidental boundary revisions shall be deemed minor revisions if they:

(6)  For the purpose of this section, the maximum acreage allowed to be added by an incidental boundary revision shall be as follows: