Kentucky Coal Mining

The Dark Side & What They Don't Want You To Know.

Natural Resources and Environment Committee Members.

You Do Have A Say

If It looks Wrong It Probably Is.

 

 

Kentucky

 Natural Resources and Environment Committee Members.

 

Rep. Jim Gooch, Chair House District 12

Hopkins (part), McLean, Webster, Daviess (part)

 

Rep. Keith Hall, Vice Chair House District 93 

Pike (part)

 

Rep. B. Spencer, Vice Chair House District 95

Floyd (part)

 

Rep. Hubert Collins House District 97

Johnson, Martin, Floyd (part) Pike (part)

 

Rep. Tim Couch House District 90

Clay, Leslie, Harlan (part)

 

Rep. Reginald Meeks House District 42

Jefferson (part)

 

Rep. Tim Moore House District 26

Hardin (part)

 

Rep. Don Pasley House District 73

Clark, Madison (part)

 

Rep. Tanya Pullin House District 98

Greenup, Boyd (part)

 

Rep. Marie Rader House District 89

Jackson, Owsley, Laurel (part)

 

Rep. Brandon Smith House District 84

Harlan (part) Perry

 

Rep. Jim Stewart House District 86

Knox, Laurel (part)

 

Rep. Robin L. Webb House District 96

Carter, Lewis

 

A letter I sent to all legislators in 2007 & 2008. Thanks to Representative Marie Rader (R) this problem may be taken care of. See Press Room HB-652

To: All Legislators

Subj: K.R.S 350.060 Permit requirement

Ref: Public Law 95-87, Surface Mining Control and Reclamation Act of 1977 KRS.Chapter 350.00/350.060 Permit requirement (3) (b) & 350.130 (6) (a).

Dear Legislator,

  I am writing to you about a serious problem concerning the state law regarding surface mining. The law dose not protect the public from illegal mining, and there is a lot of that going on, as we speak. The mining C.o.'s are not required to do a land survey and more often than not they trespass on other properties and can then say " Whoops, we didn't mean to mine your property" A simple change to the law would completely eliminate that problem. This simple change would stop a lot of the abuse of the people and put the burden of proof on the applicant not the land owner after the fact. Yes the industry would oppose it, but it is the right thing to do.

It is time to protect the people not the industry. Would you be willing to sponsor this change. See the red underlined as to the change. See the underlined in blue as to the loop hole now in the LAW.

350.060 Permit requirement -- Contents of application -- Fee -- Bond -- Exemptions -- Administrative regulations -- Successive renewal -- Auger mining of previously mined area -- Exempt operations.

(3) A person desiring a permit to engage in surface coal mining operations shall file an application which shall state:

(b) The owner or owners of the surface of the area of land to be affected by the permit and the owner or owners of all surface area adjacent to any part of the affected area and a current land survey of all lands that will be affected by the permit. This survey to be prepared by a professional land surveyor under the provisions of KRS Chapter 322;

This would close this loop hole 350.130 (a)

350.130

 (6) The application for a permit shall be accompanied by copies, in numbers satisfactory to the cabinet, of an enlarged United States Geological Survey topographic map or other map acceptable to the cabinet meeting the requirements of paragraphs (a) to (i) of this subsection. The map shall:

(a) Be prepared and certified by a professional engineer registered under the provisions of KRS Chapter 322. The certification shall be in the form as provided in subsection (8) of this section, except that the engineer shall not be required to certify the true ownership of property under paragraph (d) of this subsection;

(d) Show the boundaries of surface properties and names of owners of the affected area and adjacent to any part of the affected area;

  The above in blue is nothing less then unbelievable. This is nothing less then a license to steal. The time has come when any company or persons applying for a mining or logging permit PROVIDE A LAND SURVEY of the lands in QUESTION. This would prevent a lot of the unlawful mining and logging of land and protect the unsuspecting public. As it is now the property owner has to prove it is his land that has been violated. All State Senators and House Representatives need to take action on this. Something is wrong here.

  Daniel M. Molloy

  A Citizen of the Commonwealth of Kentucky

  Commonwealth

  The English noun Commonwealth dates originally from the fifteenth century. The original phrase "common wealth" or "the common weal" comes from the old meaning of "wealth" which is "well-being". The term literally meant "common well-being". Thus commonwealth originally meant a state governed for the common good as opposed to an authoritarian state governed for the benefit of a given class of owners.