30 C.F.R. § 917.10

State regulatory program approval

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The Kentucky State program as resubmitted on December 30, 1981, and amended and clarified on February 22, 1982, was conditionally approved, effective May 18, 1982. Beginning on that date, the Kentucky Department for Natural Resources and Environmental Protection was deemed the regulatory authority in Kentucky for surface coal mining and reclamation operations and for coal exploration operations on non-Federal and non-Indian lands. Copies of the approved program are available for review at:

(a) Office of Surface Mining Reclamation and Enforcement, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.

(b) Department for Surface Mining Reclamation and Enforcement, Number 2, Hudson Hollow Complex, Frankfort, Kentucky 40601.

[48 FR 251, Jan. 4, 1983, as amended at 59 FR 17929, Apr. 15, 1994]
Notes of Decisions
Cited in 4 cases, 2014–2019 · leading case: Kentuckians for the Commonwealth v. United States Army Corps of Engineers, 746 F.3d 698 (6th Cir. 2014).
Kentuckians for the Commonwealth v. United States Army Corps of Engineers, 746 F.3d 698 (6th Cir. 2014). “30 C.F.R. § 917.10 . Thus, any surface mining operation in the Commonwealth of Kentucky must be conducted with a permit from the Division of Mine Permits.”
M.L. Johnson Fam. Prop. v. David Bernhardt, 924 F.3d 842 (6th Cir. 2019). “SMCRA vests the Secretary with an ongoing obligation to ensure that state programs comport with the federal Act's minimum requirements.”
M.L. Johnson Fam. Props., LLC v. Jewell, 27 F. Supp. 3d 767 (E.D. Ky. 2014). · cites it 2× “30 C.F.R. § 917.10 . That is not to say, however, that federal law is irrelevant to the conduct of surface mining in Kentucky.”
M.L. Johnson Fam. Props., LLC v. Zinke, 298 F. Supp. 3d 1014 (E.D. Ky. 2018). “30 C.F.R. § 917.10 ; see generally Ky. Rev.”
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