KY Transportation Cabinet says bond, permit keep Highway 1903 closed; residents press for road rebuilding

Denra Henderson, chief district engineer for the Kentucky Transportation Cabinet (District 2), updated the Ohio County Fiscal Court on March 10 about the continued closure of KY Highway 1903 and the status of the mining company's bond.

Henderson said KYTC is operating under an existing agreement that, as written, allows the company named on that agreement to keep the road closed through 2030 while an active mining permit was in place. She told the court KYTC has tried to revise the agreement and the bond with the successor company but has been unable to reach new terms. "We have not been able to come to agreement on a new term," Henderson said, adding that KYTC will continue to press the company and, if terms are unmet, could revoke the encroachment permit or use the bond to rebuild the roadway.

Residents who spoke during the meeting told the court they believe federal and state reclamation funds were collected during mining and should be available to restore public roads. One resident cited the federal Surface Mining Control and Reclamation Act of 1977 and asserted funds paid per ton of coal should cover reconstruction costs. Henderson responded that the sum KYTC controls for this site is the bond posted under the earlier agreement (recorded as about $2 million) and that her office does not currently have other state maintenance funds earmarked for this reconstruction.

Several residents described safety and access problems from the closure, including longer travel routes, increased fuel costs and an example of delayed emergency response that they said resulted in a death. "That is a death trap," one resident warned, noting the barricaded end of the state route near a sharp curve and bridge.

Henderson said KYTC staff have asked the mining company for confirmation whether mining activity continues; locally the message has been that the company is not actively mining. If the company confirms it is no longer mining, KYTC staff said they expect the company would be required to start reclamation and rebuild access, and if the company does not, KYTC could seek to use the bond or proceed through legal steps to have the road rebuilt.

The court asked Henderson to return in approximately three months with an update and requested copies of the current agreement be made available to concerned residents. The court said it would share the present agreement by email and make printed copies available on request.

The fiscal court did not take a formal vote on road-building direction at the meeting; Henderson said her office will continue to pursue the company and consult KYTC legal staff if revocation of the permit or use of the bond becomes necessary.