This page provides answers to questions most frequently asked by citizens and coal operators about mining and the role of the Department for Natural Resources.
1. How close to my home may a coal operator blast?
No mining or blasting may be conducted within 300 feet of an occupied dwelling unless a waiver is obtained from the property owner and it is approved by the department. Blasting vibration limits cannot be waived unless the dwelling is owned by the company and are waived by the occupant.
2. How will I know if a coal operator is going to use blasting in its mining operation?
Blasting operations will be detailed in the approved permit application. Copies of the permit are available for public viewing at the appropriate Division of Mining Reclamation and Enforcement regional office and at the central office in Frankfort.
3 Can I request that someone inspect my home before a mine operator begins blasting?
If you live within one half mile of the permit area, you may request a pre-mining inspection from the mining company that holds the permit. The purpose of this free inspection is to determine the condition of the dwelling and all structures on the property prior to blasting and how these structures may be affected.
4. If I believe that a coal operator is going to mine through or underneath a road, whom should I contact?
The law in most cases prohibits this activity; however, for details you should contact the director of the Division of Mine Permits. If a permit has already been issued, you should contact the appropriate Division of Mine Reclamation and Enforcement regional office.
5. If a coal operator mines on my property, do I have to approve the reclamation of my land before the operator’s bond is released?
No, bond release is not dependent upon the approval of the individual landowner. However, landowner comments are taken into account prior to bond release.
6. Can the department force a coal operator to comply with a lease agreement?
No, the Department has no jurisdiction over terms of a coal mine lease that are not specifically addressed by Kentucky mining law or regulations.
7. If a landslide damaged a building that I own, will the Division of Abandoned Mine Lands (AML) fix my building as a part of the reclamation project?
No, federal law provides for the reclamation of the mining problem (landslide, subsidence, etc.) that was created by mining activities, but specifically prohibits agency funds from being used to repair damages to buildings and other expenses incurred by property owners.
8. Is my tax money being used to do this reclamation work?
No, the funds used by the AML program come from a fee paid by current coal operators. This fee, which is paid on both surface and underground mined coal, is collected by the federal government and then distributed back to the coal-producing states.
9. If an AML project is performed on my property, are there any restrictions on how I can use it afterwards?
No, the AML program does not impose any restrictions on how a reclaimed property is subsequently used.
Non-Coal
10. Do I need a non-coal surface disturbance permit to mine?
Yes, mineral operations including mining of limestone and dolomite; mining of sand and gravel, surface disturbance or dredging of river or creek sand and gravel; mining of clay; mining of fluorspar and other vein minerals must have a non-coal permit. Mineral operations include the surface disturbance of underground mining as well as strip mining.
Non-Coal
11. What should I do if I believe my home is being damaged by blasting at a limestone quarry?
You should contact the Division of Mine Reclamation and Enforcement Non-coal Branch in Frankfort. However, if the damage is a result of air blasts or excessive ground vibration, the Kentucky Office of Mine Safety and Licensing may be the responsible agency. In either case, once you file a written complaint with our agency, we will investigate the problem or make a referral to the appropriate agency for you.
12. How do I file a complaint against a mine operation?
The following is a quick summary of the complaint process without listing each step. You should contact the appropriate regional office to register a complaint. The complaint will be assigned to a field inspector who will contact you for additional information. The inspector will complete the investigation and share the finding in a written report to you. If you are not satisfied with the inspector’s report, an appeal to the director of the Division of Mine Reclamation and Enforcement is the next step.
