Kentucky Administrative Regulations
Title 402 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES
Chapter 3 - Division of Forestry
Section 402 KAR 3:050 - Bad actor notice provisions
Universal Citation: 402 KY Admin Regs Service 3:050
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 149.330, 149.332, 149.344, 149.346, 149.348
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344 requires the cabinet to establish notification requirements for loggers or operators who have received one (1) or more bad actor designations. This administrative regulation establishes the methods and requirements for bad actors to notify the Division of Forestry before beginning timber harvest operations.
Section 1. Notice Required.
(1) Pursuant to KRS 149.344(11)(a), a bad
actor who has received one (1) or more bad actor designations pursuant to KRS 149.344(8) shall notify the Division of Forestry prior to conducting logging
operations.
(2) The bad actor shall
continue to notify the division until all civil penalties have been paid and
all site remediation required by the division has been performed.
Section 2.
(1)
(a) Bad
actor notification shall be made by letter, facsimile, email, telephone
conversation, or in person to the appropriate Division of Forestry regional
office covering the county where the harvest shall occur.
(b) A message left on an answering machine or
voice mail service shall not constitute valid notification.
(2) In the notification, the bad
actor shall identify the anticipated date of harvest and the location of the
timber harvesting site in sufficient detail to enable the division to locate
the site in the field. The location shall be identified by:
(a) The name of the landowner;
(b) The county; and
(c) One (1) of the following methods:
1. Latitude and longitude of the site to the
nearest one-tenth (1/10) of a minute or the UTM (Universal Transverse Mercator)
coordinates to the nearest 100 meters;
2. USGS (United States Geological Survey)
7.5-minute topographic quadrangle map or reproduction thereof, marked to show
the name of the quadrangle map, the map scale, the north arrow, and the exact
location of the site; or
3. The
nearest named community and the approximate distance and direction from the
community to the site, the name and number of the nearest highway or street,
and a description of how to reach the site from the nearest road intersection
or other appropriate landmark.
STATUTORY AUTHORITY: KRS 149.344
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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