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PO Box 1070, Frankfort, KY 40602  Phone 502.875.2428, Fax 502.875.2845

KRC Comments on Proposed Changes To Noncoal Permitting Regulations  Posted: November 8, 2012

November 8, 2012

Michael Mullins
Regulations Coordinator
Department for Natural Resources
#2 Hudson Hollow
Frankfort, Kentucky 40601

By email only Michael.Mullins@ky.gov

Re: Proposed Amendment
405 KAR 5:032

Dear Michael:

These comments are submitted on behalf of the Kentucky Resources Council, Inc., a nonprofit organization incorporated under the laws of the Commonwealth of Kentucky and dedicated to prudent use and conservation of the natural resources of the Commonwealth. KRC members include numerous individuals who live, work, and reside near non-coal mineral operations regulated under KRS Chapter 350 and 405 KAR Chapter 5.

Specific comments follow.

405 KAR 5:032 Section 8

In Section 8, it is unclear what is meant by “or an equivalent format[.]” The Cabinet is requested to provide affirmative consideration to and to respond to these questions:

1. Does the equivalent format mean a map that provides the same detail as would a USGS map?

2. Does “equivalent format” mean a drawing could be provided rather than a map?

3. Does the “equivalent format” have to be sourced from a government database, or could it be prepared by a non-governmental entity?

4. Does “equivalent format” mean that the alternative map must be as accurate and complete as would a USGS map?

In Section 8(1), there should be a comma after the new phrase “if applicable”.

In Section 8(7), the Cabinet should either modify the language to say “401 KAR 10:026, 401 KAR 10:030, and 401 KAR 10:031” or should modify the phrase more precisely to read “outstanding national resource water pursuant to 401 KAR 10:030 and outstanding state resource water pursuant to 401 KAR 10:026 and 401 KAR 10:031.”

The reason for the suggested changes is that there are two types of outstanding resource waters – national and state – and that the reference to the criteria for and list of outstanding national resource waters is found in 401 KAR 10:030, while the list of outstanding state resource waters is found in 401 KAR 10:026 while the criteria for automatic and permissive inclusion into the outstanding state resource water (OSRW) category is found in 401 KAR 10:031 Section 8. The Council recommends the latter of the two proposals as being more informative to the reader, but either is more accurate than what is proposed.

405 KAR 5:032 Section 26

The use of the word “establish” in Section 26(4) is awkward and should be replaced by “provide.”

405 KAR 5:032 Section 27

The use of the word “established” in Section 27 is likewise awkward and should be replaced by “provided.”

Thanks in advance for your consideration of these comments.



Tom FitzGerald

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